Buyer’s Other Employee Benefits. Buyer agrees that as of the date an Affected Employee becomes Services Company’s employee, he or she will be eligible to participate in Services Company’s employee benefit plans and programs that are not specifically described in this Article 5 which are generally applicable to Services Company’s similarly situated employees who are hired on or about the Hire Date, subject to the terms and conditions of such plans and programs, and that each Affected Employee shall be given credit for the corresponding service recognized by Seller prior to the date he or she terminates employment with Seller for all applicable purposes (including participation eligibility, vesting, benefit eligibility and benefit accrual) under such Services Company employee benefit plans and programs In addition, if the Affected Employee (or his or her covered dependent) was participating in Seller’s similar employee welfare benefit plan as of the date his or her employment with Seller terminates, Buyer will cause such Services Company employee welfare benefit plan to waive any and all restrictions relating to pre-existing conditions and evidence of insurability to the extent required by HIPAA. For purposes of such waiver, if Seller had no similar employee welfare benefit plan, Buyer will presume participation and satisfaction of pre-existing condition limitations on the part of the Affected Employee (or his or her covered dependents).
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Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Buckeye Partners, L.P.)
Buyer’s Other Employee Benefits. Buyer agrees that as of the date an Affected Employee becomes Services CompanyBuyer’s employee, he or she will be eligible to participate in Services CompanyBuyer’s employee benefit plans and programs that are not specifically described in this Article 5 Section 10.5.10 which are generally applicable to Services CompanyBuyer’s non-Affected Employee employees (or, at the time he or she may retire, will be eligible to participate in the retiree employee benefit plans and programs for which he or she qualifies based upon his or her age and service and which are generally applicable to similarly situated employees who are hired on or about the Hire Date, subject to the terms and conditions retirees of such plans and programsBuyer), and that each Affected Employee shall be given credit for the corresponding service recognized by Seller prior to the date he or she terminates employment with the Seller for all applicable purposes (including participation eligibility, vesting, benefit eligibility and benefit accrual) under such Services Company Buyer’s employee benefit plans and programs programs, whether in effect on the Hire Date or subsequently established by Buyer. In addition, if the Affected Employee (or his or her covered dependent) was participating in the Seller’s similar employee welfare benefit plan as of the date his or her employment with the Seller terminates, Buyer will cause such Services Company Buyer’s employee welfare benefit plan to waive any and all restrictions relating to pre-existing conditions and evidence of insurability to the extent required by HIPAA. For purposes of such waiver, if Seller had no similar employee welfare benefit plan, Buyer will presume participation and satisfaction of pre-existing condition limitations on the part of the Affected Employee (or his or her covered dependents)HIPPA.
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Samples: Asset Sale Agreement (Resolute Energy Partners, LP), Asset Sale Agreement (Resolute Energy Corp)
Buyer’s Other Employee Benefits. Buyer agrees Buyers agree that as of the date an Affected Employee becomes Services Company’s Buyers’ employee, he or she will be eligible to participate in Services Company’s Buyers’ employee benefit plans and programs that are not specifically described in this Article 5 11 which are generally applicable to Services Company’s Buyers’ non-Affected Employee employees (or, at the time he or she may retire, will be eligible to participate in the retiree employee benefit plans and programs for which he or she qualifies based upon his or her age and service and which are generally applicable to similarly situated employees who are hired on or about the Hire Date, subject to the terms and conditions retirees of such plans and programsBuyers), and that each Affected Employee shall be given credit for the corresponding service recognized by Seller Sellers prior to the date he or she terminates employment with Seller the Sellers for all applicable purposes (including participation eligibility, vesting, benefit eligibility and benefit accrual) under such Services Company Buyers’ employee benefit plans and programs programs, whether in effect on the Hire Date or subsequently established by Buyers. In addition, if the Affected Employee (or his or her covered dependent) was participating in Seller’s the Sellers’ similar employee welfare benefit plan as of the date his or her employment with the Seller terminates, Buyer Buyers will cause such Services Company Buyers’ employee welfare benefit plan to waive any and all restrictions relating to pre-existing conditions and evidence of insurability to the extent required by HIPAAinsurability. For purposes of such waiver, if Seller Sellers had no similar employee welfare benefit plan, Buyer Buyers will presume participation and satisfaction of pre-existing condition limitations on the part of the Affected Employee (or his or her covered dependents).
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Samples: Purchase and Sale Agreement (Western Refining, Inc.)
Buyer’s Other Employee Benefits. Buyer agrees that as of the date an Affected Employee becomes Services CompanyBuyer’s employeeemployee (including any entity within the Buyer’s Controlled Group), he or she will be eligible to participate in Services CompanyBuyer’s employee benefit plans and programs that are not specifically described in this Article 5 Section 9 which are generally applicable to Services CompanyBuyer’s similarly situated employees who are hired on or about the Hire Date, subject to the terms and conditions of such plans and programs, and that each non-Affected Employee shall be given credit for employees (or, at the corresponding service recognized by Seller prior to the date time he or she terminates employment with Seller for all applicable purposes (including participation eligibilitymay retire, vesting, benefit eligibility and benefit accrual) under such Services Company will be eligible to participate in the retiree employee benefit plans and programs for which he or she qualifies based upon his or her age and service and which are generally applicable to similarly situated retirees of Buyer) under Buyer’s employee benefit plans and programs, whether in effect on the General Hire Date or subsequently established by Buyer. In addition, if the Affected Employee (or his or her covered dependent) was participating in the Seller’s similar employee welfare benefit plan as of the date his or her employment with the Seller terminates, Buyer will cause such Services Company Buyer’s employee welfare benefit plan to waive any and all restrictions relating to pre-existing conditions and evidence of insurability to the extent required by HIPAAinsurability. For purposes of such waiver, if Seller had no similar employee welfare benefit plan, Buyer will presume participation and satisfaction of pre-existing condition limitations on the part of the Affected Employee (or his or her covered dependents).
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