Determination Letters. Constar shall apply to the Internal Revenue Service for favorable determination letters with respect to the tax-qualified status of the Constar Retirement Plans as soon as practicable after the Closing Date, and Constar, consistent with the terms of this Agreement, shall make such amendments to such Retirement Plans as may be required by the Internal Revenue Service in order for Constar to receive favorable determination letters with respect to these Plans.
Determination Letters. The IRS has issued a favorable determination letter with respect to the qualified status of each such Pension Plan and trust, and has not taken, nor to the Knowledge of Bingxxx, xxs Subsidiaries and Controlled Group Members, has reasonable grounds to take any action to revoke such letter;
Determination Letters. Except as set forth in Section 4.12(d) of the Company Disclosure Schedule or as is not reasonably likely to result in a Company Material Adverse Effect, (i) each Company Plan intended to be qualified under Section 401(a) of the Code has received a favorable determination letter from the Internal Revenue Service with respect to the Tax Reform Act of 1986 and other applicable Laws, or an application was filed for such determination letter on a timely basis, and (ii) nothing has occurred from the date of such letter or such filing that could reasonably be expected to affect the qualified status of such Company Plan.
Determination Letters. Except as set forth in Section 5.14(d) of the Parent Disclosure Schedule or as would not be reasonably likely to result in a Parent Material Adverse Effect, (i) each Parent Plan intended to be qualified under Section 401(a) of the Code has received a favorable determination letter from the Internal Revenue Service with respect to the Tax Reform Act of 1986 and other applicable Laws, or an application was filed for such determination letter on a timely basis, and (ii) nothing has occurred from the date of such letter or such filing that could reasonably be expected to affect the qualified status of such Parent Plan.
Determination Letters. 37 5.12.7 Actions Related to Benefit Plans.......................37 5.12.8
Determination Letters. The Internal Revenue Service has issued a favorable determination letter with respect to each Company Benefit Plan, that is intended to be a "qualified plan" within the meaning of Section 401(a) of the Code, and as of the date thereof, to the knowledge of the Company, there are no circumstances nor any events that have occurred that would materially adversely affect the qualified status of any such plan or the related trust.
Determination Letters. (i) Each Company Plan currently in effect which is intended to be qualified under Section 401(a) of the Code has received a favorable determination letter from the Internal Revenue Service with respect to the Code, or an application has been filed for such determination letter on a timely basis and is currently pending, and (ii) nothing has occurred that could reasonably be expected to adversely affect the qualified status of such Company Plan.
Determination Letters. Each Pension Benefit Plan which is required to comply with Code Section 401(a) satisfies the requirements of Code Section 401(a) and has received a favorable determination letter from the IRS regarding such status and has not, since receipt of the most recent favorable determination letter, been amended or operated in a way which would adversely affect such qualified status.
Determination Letters. Each Company Benefit Plan that is intended to be qualified under Section 401(a) of the Code has received a determination letter from the IRS that it is so qualified, and, to the Company’s Knowledge, no fact or event has occurred since the date of such determination letter that could materially adversely affect the qualified status of any such Company Benefit Plan. Neither the Company nor any ERISA Affiliate has any liability for any material excise tax imposed by Code Sections 4971 or 4977. The Company has no material liability for any excise tax imposed by Code Section 4972 or 4979.
Determination Letters. (i) A favorable determination letter has been issued by the Internal Revenue Service or the appropriate foreign Governmental Entity, as applicable, with respect to the each of the Total Benefit Plans that is intended to be "qualified" within the meaning of Section 401(a) of the Code or under any law or regulation of any foreign jurisdiction or regulatory agency, (ii) neither the consummation of the transaction contemplated hereby nor any other event or circumstance since the date of such letter has adversely affected or is reasonably expected to adversely affect such qualification or exemption, (iii) each of the Total Benefit Plans has been operated and administered in accordance with its terms and applicable laws, including but not limited to ERISA and the Code, except for such non-compliance which has not had, and would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect on either Total or the Surviving Corporation, as applicable, and (iv) to the knowledge of Total, no circumstances exist for which it would be prudent for Total to undertake remediation efforts with respect to any Total Benefit Plan pursuant to the Internal Revenue Service Employee Plans Compliance Resolution System or any similar program sponsored by the Internal Revenue Service or the Department of Labor.
