Common use of Benefits Generally Clause in Contracts

Benefits Generally. For a period beginning on the Closing Date and ------------------ ending no earlier than the first anniversary of the Closing Date, Avanex or its affiliates shall provide to employees of the Oplink and its affiliates who continue employment with Avanex or any of its affiliates ("Continuing Employees") (i) benefits that are substantially similar, in the aggregate, to the benefits provided to the Continuing Employees immediately prior to the Closing Date, (ii) benefits that are substantially similar, in the aggregate, to the benefits offered to similarly situated employees of Avanex, or (iii) a combination of clauses (i) and (ii). To the extent permitted by applicable laws and applicable tax qualification requirements (and subject to any generally applicable break in service or similar rule), Avanex shall cause Continuing Employees to be credited with service with Oplink for purposes of eligibility and vesting under its 401(k) plan. Nothing in this Section 5.9(e) shall be construed to entitle any Continuing Employee to continue his or her employment with Avanex or any of its affiliates. To the extent permitted by the applicable plans and subject to approval by any applicable insurance carrier, with respect to any health plans in which employees of Oplink or its affiliates are eligible to participate after the Effective Time, Avanex or its affiliates shall (i) waive all limitations as to preexisting conditions exclusions and waiting periods with respect to participation and coverage requirements applicable to such employees (to the extent such exclusion was waived under applicable health plans offered to such employees by Oplink) and (ii) to the extent permitted by the applicable Avanex insurance carrier, provide each such employee with credit for any co-payments, deductibles and other such expenses paid during the applicable period under any welfare plans maintained or contributed to by Oplink or its affiliates prior to the Effective Time in satisfying any applicable deductible, out-of-pocket or other such requirements for the corresponding period under any welfare plans maintained or contributed to by Avanex or its affiliates.

Benefits Generally. For a period beginning on the Closing Date and ------------------ ending no earlier than the first anniversary of the Closing Date, Avanex Parent or its affiliates shall provide to employees of the Oplink Company and its affiliates who continue employment with Avanex Parent or any of its affiliates ("“Continuing Employees") (i”) benefits that are substantially similarsimilar or more advantageous, in the aggregate, to the benefits provided to the Continuing Employees immediately prior to the Closing Date, (ii) benefits that are substantially similar, in the aggregate, to the benefits offered to similarly situated employees of Avanex, or (iii) a combination of clauses (i) and (ii). To the extent permitted by applicable laws and applicable tax qualification requirements (and subject to any generally applicable break in service or similar rule), Avanex Parent shall cause Continuing Employees to be credited with service with Oplink the Company for purposes of eligibility and vesting under its 401(k) plan. Nothing in this Section 5.9(e5.8(d) shall be construed to entitle any Continuing Employee to continue his or her employment with Avanex Parent or any of its affiliates. To the extent permitted by the applicable plans and subject to approval by any applicable insurance carrier, with respect to any health plans in which employees of Oplink the Company or its affiliates are eligible to participate after the Effective TimeTime of Merger I, Avanex Parent or its affiliates shall (i) waive all limitations as to preexisting conditions exclusions and waiting periods with respect to participation and coverage requirements applicable to such employees (to the extent such exclusion was waived under applicable health plans offered to such employees by Oplinkthe Company) and (ii) to the extent permitted by the applicable Avanex Parent insurance carrier, provide each such employee with credit for any co-payments, deductibles and other such expenses paid during the applicable period under any welfare plans maintained or contributed to by Oplink the Company or its affiliates prior to the Effective Time of Merger I in satisfying any applicable deductible, out-of-pocket or other such requirements for the corresponding period under any welfare plans maintained or contributed to by Avanex Parent or its affiliates.

Benefits Generally. For a period beginning on the Closing Date ------------------ and ------------------ ending no earlier than the first anniversary of the Closing Date, Avanex or its affiliates shall provide to employees of the Oplink and its affiliates who continue employment with Avanex or any of its affiliates ("Continuing Employees") (i) benefits that are substantially similar, in the aggregate, to the benefits provided to the Continuing Employees immediately prior to the Closing Date, (ii) benefits that are substantially similar, in the aggregate, to the benefits offered to similarly situated employees of Avanex, or (iii) a combination of clauses (i) and (ii). To the extent permitted by applicable laws and applicable tax qualification requirements (and subject to any generally applicable break in service or similar rule), Avanex shall cause Continuing Employees to be credited with service with Oplink for purposes of eligibility and vesting under its 401(k) plan. Nothing in this Section 5.9(e) shall be construed to entitle any Continuing Employee to continue his or her employment with Avanex or any of its affiliates. To the extent permitted by the applicable plans and subject to approval by any applicable insurance carrier, with respect to any health plans in which employees of Oplink or its affiliates are eligible to participate after the Effective Time, Avanex or its affiliates shall (i) waive all limitations as to preexisting conditions exclusions and waiting periods with respect to participation and coverage requirements applicable to such employees (to the extent such exclusion was waived under applicable health plans offered to such employees by Oplink) and (ii) to the extent permitted by the applicable Avanex insurance carrier, provide each such employee with credit for any co-payments, deductibles and other such expenses paid during the applicable period under any welfare plans maintained or contributed to by Oplink or its affiliates prior to the Effective Time in satisfying any applicable deductible, out-of-pocket or other such requirements for the corresponding period under any welfare plans maintained or contributed to by Avanex or its affiliates.

Benefits Generally. For a period beginning on the Closing Date and ------------------ ending no earlier than the first anniversary of the Closing Date, Avanex EpiCept or its affiliates shall provide to employees of the Oplink Maxim and its affiliates who continue employment with Avanex Maxim or any of its affiliates ("“Continuing Employees"”) either (i) benefits that are substantially similar, in the aggregate, to the benefits provided to the Continuing Employees immediately prior to the Closing Date, (ii) benefits that are substantially similar, in the aggregate, to the benefits offered to similarly situated employees of AvanexEpiCept, or (iii) a combination of clauses (i) and (ii). To the extent permitted by applicable laws and applicable tax qualification requirements (and subject to any generally applicable break in service or similar rule), Avanex EpiCept shall cause Continuing Employees to be credited with service with Oplink Maxim for purposes of eligibility and vesting under its any EpiCept 401(k) plan. Nothing in this Section 5.9(e5.9(c) shall be construed to entitle any Continuing Employee to continue his or her employment with Avanex Maxim or any of its affiliates. To the extent permitted by the applicable plans and subject to approval by any applicable insurance carrier, with respect to any health plans in which employees of Oplink Maxim or its affiliates are eligible to participate after the Effective Time, Avanex EpiCept or its affiliates shall (i) waive all limitations as to preexisting conditions exclusions and waiting periods with respect to participation and coverage requirements applicable to such employees (to the extent such exclusion was waived under applicable health plans offered to such employees by OplinkEpiCept) and (ii) to the extent permitted by the applicable Avanex EpiCept or Maxim insurance carrier, provide each such employee with credit for any co-payments, deductibles and other such expenses paid during the applicable period under any welfare plans maintained or contributed to by Oplink Maxim or its affiliates prior to the Effective Time in satisfying any applicable deductible, out-of-pocket or other such requirements for the corresponding period under any welfare plans maintained or contributed to by Avanex EpiCept or its affiliates.