Determination Letter. The Bank shall apply for a determination letter from the Internal Revenue Service that the Plan and the Trust, taken together, qualify as an employee stock ownership plan for purposes of Section 4975(e)(7) of the Code and the rules and regulations thereunder.
Determination Letter. Before the expiration of the applicable remedial amendment period under Section 401(b) of the Code, Spinco shall file an application for and make commercially reasonable efforts to obtain a determination from the Internal Revenue Service that the Spinco Profit Sharing Plan and related trust are qualified within the meaning of Sections 401(a) and 501(a) of the Code, respectively.
Determination Letter. The Borrower shall promptly submit a request to the IRS to issue a favorable determination letter to the effect that the ESOP is a qualified plan and employee stock ownership plan within the meanings of Section 401(a) and 4975(e)(7), respectively, of the Code.
Determination Letter. It shall be the sole responsibility of the Association to maintain the tax-exempt status of the benefit received under this Section. In accordance therewith, the Association shall provide to the City, through its Director of Finance, a copy of the Internal Revenue Service Determination Letter regarding the tax-exempt status of the benefit received under this Section. That Letter shall be received by the City no later than ten (10) days from commencement of this Agreement.
Determination Letter. The Association shall apply for a -------------------- determination letter from the Internal Revenue Service that the Plan and the Trust, taken together, qualify as an employee stock ownership plan for purposes of Section 4975(e)(7) of the Code and the rules and regulations thereunder.
Determination Letter. Borrower or National shall provide to Agent a copy of the favorable determination letter issued by the IRS, indicating that the Plan is an ESOP qualified under Section 401(a) of the Code, immediately after receipt of such favorable determination letter.
Determination Letter. NHLP shall provide Agent with evidence of the filing of an application for a determination letter from the IRS stating that the Plan meets the requirements for qualification under section 401(a) of the Code and the regulations thereunder, that the Plan meets the requirements of sections 4975(e)(7) and 409 of the Code and constitutes an ESOP, and that the Trust qualifies as an exempt trust under section 501(a) of the Code. In addition, such application shall contain no exceptions to qualification, except that continued qualification of the Plan will depend on its effect in operation, which may be reviewed periodically. However, reference may be made to the fact that the determination letter, when issued, may be subject to adoption of proposed amendments requested by the IRS. Borrower or NHLP shall also provide Agent with copies of all the documents or amendments filed with the IRS to obtain the determination letter.
Determination Letter. As soon as possible following the Closing (but in no event later than two months thereafter), the Company shall cause to be submitted to the IRS an application for a determination that the MLC Group, Inc. 401(k) Plan is qualified under Section 401(a) of the Code, and shall take any and all actions as may be required by the IRS (including, but not limited to, entering into a closing agreement) in order to cause the IRS to issue such a determination.
Determination Letter. Purchaser shall have received from Dallas a determination letter showing that the Property has sufficient delta parking credits, to the extent necessary, to meet the parking requirements of the City of Dallas; provided, however, the number of parking credits necessary to satisfy such requirements shall not exceed one hundred eighty-four (184) delta parking credits but shall not be less than one hundred seventy-six (176) delta parking credits.
Determination Letter. Immediately prior to the Closing Date, Target shall terminate the Pension Specialists, Inc. Regional Prototype Non-Standardized 401(k) Profit Sharing Plan and Trust (the "401(k) Plan"). Target shall furnish to Acquiror a copy of a completed IRS Form 5310 (Application for Determination for Terminating Plan).
