Common use of By Xxxx Foods Clause in Contracts

By Xxxx Foods. Notwithstanding Section 2.2(a), Xxxx Foods shall or shall cause the applicable Xxxx Foods Plan to agree to retain, pay, perform, fulfill and discharge all Liabilities relating to any benefits accrued by a White Wave Employee or former employee of any WhiteWave Group member under any tax-qualified defined benefit pension plan sponsored by Xxxx Foods; provided that Xxxx Foods shall not retain any Liabilities associated with a multiemployer pension plan (as defined in Section 4001(a)(3) of ERISA) to which contributions are made under a WhiteWave CBA.

Appears in 4 contracts

Samples: Employee Matters Agreement (Dean Foods Co), Employee Matters Agreement (WHITEWAVE FOODS Co), Employee Matters Agreement (WHITEWAVE FOODS Co)

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