COBRA etc. Neither the Company nor any Affiliate has, prior to the Effective Time and in any material respect, violated any of the health care continuation requirements of COBRA, the requirements of FMLA, the requirements of the Women's Heath and Cancer Rights Act, the requirements of the Newborns' and Mothers' Health Protection Act of 1996, or any similar provisions of state law applicable to its Employees.
COBRA etc. It is understood that this Agreement does not waive or abrogate EMPLOYEE'S entitlement to health insurance benefits under COBRA or to vested retirement funds in UNIFI'S retirement plans. Any retirement benefits to which EMPLOYEE is entitled shall be governed by the terms of such retirement plans.
COBRA etc. Neither the Company nor any Affiliate has, before the Effective Time and in any material respect, violated any of the health care continuation requirements of COBRA, the requirements of FMLA, the requirements of the Women's Heath and Cancer Rights Act, the requirements of the Newborns' and Mothers' Health Protection Act of 1996, or any similar provisions of state law applicable to its Employees.
COBRA etc. No Plan provides medical, surgical, hospitalization, death or other welfare-type benefits (whether or not insured) for periods extending beyond retirement or other termination of service, other than coverage mandated by applicable law. Each Welfare Plan that provides health benefits to employees has been operated in compliance with (i) the requirements of Sections 601 through 608 of ERISA and Section 4980B of the Code (“COBRA”); (ii) the applicable requirements of the Family Medical Leave Act of 1993 and the regulations thereunder; and (iii) the applicable requirements of the Health Insurance Portability and Accountability Act of 1996 and the regulations thereunder.
COBRA etc. With respect to each Plan, Autoweb has complied ---------- except to the extent that such failure to comply is not, individually or in the aggregate, reasonably likely to have a Material Adverse Effect on Autoweb, with (i) the applicable health care continuation and notice provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA") and the regulations (including proposed regulations) thereunder, (ii) the applicable requirements of the Family Medical and Leave Act of 1993 and the regulations thereunder, and (iii) the applicable requirements of the Health Insurance Portability and Accountability Act of 1996 and the regulations thereunder.
COBRA etc. It is understood that this Agreement does not waive or abrogate MX. XXXXX'x entitlement to health insurance benefits under COBRA or to vested retirement funds in UNIFI's retirement plan. Any retirement benefits to which MX. XXXXX is entitled shall be governed by the terms of the retirement plan.
COBRA etc. Neither GNN nor any Affiliate has, prior to the Effective Time, and in any Material respect, violated any of the health care continuation requirements of COBRA, the requirements of FMLA, the requirements of the Women's Health and Cancer Rights Act, the requirements of the Newborns' and Mothers' Health Protection Act of 1996, or any similar provisions of state Law applicable to its Employees.
COBRA etc. (a) Set forth on Schedule 6.3.5 hereto is a list as of the Closing Date of (i) all former employees employed by Seller in connection with the Business and any spouse, former spouse, dependent child, or former dependent child of any such employee to whom health care continuation coverage is being provided as of the Closing Date pursuant to Section 4980B of the Code and Sections 601-608 of ERISA (collectively referred to as “COBRA”), (ii) all Employees who are on long-term disability as of the Closing Date, and (iii) all Employees who are on authorized leaves of absence as of the Closing Date, including any leaves pursuant to the Family Medical Leave Act of 1993 (29 C.F.R. Part 825), and the terms and conditions of such authorized leaves of absence, including the commencement date, authorized length, return date and compensation arrangements, if any.
(b) Seller shall provide required notice of health care continuation coverage rights to all Excluded Employees, former employees and their spouses and dependents for whom the Transactions contemplated by this Agreement may be a “qualifying event” (as defined in Sections 162(k)(3) and 4980B(f)(3) of the Code). Except as set forth in the next succeeding sentence, Seller shall remain obligated with respect to all Excluded Employees, former employees, and their spouses or dependents with respect to whom a “qualifying event” (as so defined) occurred on or prior to the Closing Date. With respect to any Excluded Employee, former employee, spouse, former spouse, dependent or former dependent who was covered under a group health plan (as defined under COBRA) of Seller and for whom the Transactions contemplated by this Agreement may be as “qualifying event” (as so defined), Seller shall provide continuation coverage for such individual in a manner that complies in all respects with COBRA as if COBRA applied to Seller with respect to such individual and as if COBRA did not apply to Buyer with respect to such individual, except with respect to any such individual who is covered under a group health plan of Buyer which constitutes satisfaction of any health care continuation requirements that might be applicable to such individual.
(c) Notwithstanding any other provision of this Section 6.3.5, with respect to any Transferred Employee who is hired by Buyer following Closing but who is terminated by Buyer within ninety (90) days following Closing because of the results of Buyer’s drug testing procedures with respect to such Tr...
COBRA etc. Neither Parent nor any Affiliate has, prior to the Effective Time and in any material respect, violated any of the health care continuation requirements of COBRA, the requirements of FMLA, the requirements of the Women's Heath and Cancer Rights Act, the requirements of the Newborns' and Mothers' Health Protection Act of 1996, or any similar provisions of state law applicable to its Employees. EXECUTION VERSION
COBRA etc. With respect to each DPAC Plan, DPAC and its subsidiaries have complied (except to the extent that such failure to comply is not, individually or in the aggregate, reasonably likely to have a Material Adverse Effect on DPAC) with (i) the applicable health care continuation and notice provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”) and the regulations (including proposed regulations) thereunder, (ii) the applicable requirements of the Family Medical and Leave Act of 1993 and the regulations thereunder, and (iii) the applicable requirements of the Health Insurance Portability and Accountability Act of 1996 and the regulations thereunder.
