Cessation of Coverage in Xxxx Foods Plans. Xxxx Foods maintains health and welfare plans for the benefit of eligible Combined Group Employees (the “Xxxx Foods Welfare Plans”). On the Distribution Date, each person who is a WhiteWave Employee on such date shall cease to be covered under the Xxxx Foods Welfare Plans. Notwithstanding the immediately preceding sentence, with respect to any WhiteWave Employee who would not be eligible for coverage under any WhiteWave Welfare Plan established under Section 6.2 below because such person is not actively at work on the Distribution Date due to any medical, sickness, accident leave or any other approved leave of absence, Xxxx Foods shall administer claims for such persons on behalf of WhiteWave as though the relevant Xxxx Foods Welfare Plan had continued to be applicable (at the cost and expense of the WhiteWave Group member by which such person is or will be employed) until the earliest to occur of (i) the date such person first resumes active employment with any member of the WhiteWave Group, (ii) the date such person ceases to be an employee of any member of the WhiteWave Group (including, without limitation, by reason of not returning to work at the expiration of any approved leave); (iii) the date on which such approved leave of absence expires without such person returning to active employment or terminating employment and (iv) the date, if any, more than six months following the Distribution Date that Xxxx Foods shall choose, in its discretion, to cease to provide such continued coverage upon not less than 90 days advance written notice to the WhiteWave Companies and the affected WhiteWave Employees.
Appears in 4 contracts
Samples: Employee Matters Agreement (Dean Foods Co), Employee Matters Agreement (WHITEWAVE FOODS Co), Employee Matters Agreement (WHITEWAVE FOODS Co)
