Common use of Disability Benefits and Leaves Clause in Contracts

Disability Benefits and Leaves. Buyer will, or will cause the Companies and the Transferring Subsidiaries to, assume all liabilities with respect to Covered Persons payable under any Seller Plan providing disability benefits, whether related to a disability that occurred before or after the Cut-Off Date. Except as provided in the previous sentence, (i) Seller and the Seller Plans shall retain the liability for all long-term disability benefits payable to any Covered Person under the terms of Seller’s long-term disability plans after the Cut-Off Date with respect to any disability that occurred prior to the Cut-Off Date (but not with respect to any reoccurrence of such a disability after the Cut-Off Date), (ii) Buyer, the Companies, the Subsidiaries or a Buyer’s Plan shall assume the liability for all short-term disability benefits payable to any Retained Employee under any Seller Plan providing short-term disability benefits that are payable following the Cut-Off Date with respect to any disability that occurred prior to the Cut-Off Date (determined under the terms of the Seller Plan or personnel policy that applies to the disabled Retained Employee immediately prior to the Cut-Off Date) until the date, if any, on which the Retained Employee qualifies for long-term disability benefits under the Seller Plans, and (iii) Buyer’s Plans will govern the determination of what, if any, short-term and long-term disability benefits will be paid to any Retained Employee whose disability occurs after the Effective Time (or which reoccurs after the Effective Time). If any Retained Employee is on any form of leave of absence at the Effective Time (including any leave subject to the Family and Medical Leave Act of 1993 or comparable state law), Buyer shall reinstate, or shall cause the Companies or the Transferring Subsidiaries to reinstate, such Retained Employee to active employment upon the expiration of the leave to the extent such reinstatement is required by any applicable law or regulation or by the Companies’ and the Subsidiaries’ personnel policies and shall satisfy any other obligation with respect to such Retained Employee as required under any applicable law or regulation or the Companies’ and the Subsidiaries’ personnel policies (copies of which have been made available to Buyer) upon the expiration of such leave.

Disability Benefits and Leaves. Buyer will, or will cause the Companies and the Transferring Subsidiaries Mervyn’s to, assume all liabilities with respect to Covered Persons payable under any Seller Plan providing disability benefitsthe Mervyn’s Disability Plus program, whether related to a disability that occurred before or after the Cut-Off DateEffective Time . Except as provided in the previous sentence, (i) Seller Target and the Seller Plans shall retain the liability for all long-term disability benefits payable to any Covered Person under the terms of SellerTarget’s long-term disability plans after the Cut-Off Date Effective Time with respect to any disability that occurred prior to the Cut-Off Date Effective Time (but not with respect to any reoccurrence of such a disability after the Cut-Off DateEffective Time ), (ii) Buyer, the CompaniesMervyn’s, the Subsidiaries or a Buyer’s Plan shall assume the liability for all short-term disability benefits payable to any Retained Employee under any Seller Plan providing Target’s short-term disability benefits plans that are payable following the Cut-Off Date Effective Time with respect to any disability that occurred prior to the Cut-Off Date Effective Time (determined under the terms of the Seller Plan or personnel policy that applies to the disabled Retained Employee immediately prior to the Cut-Off DateEffective Time ) until the date, if any, on which the Retained Employee qualifies for benefits under the Target long-term disability benefits under the Seller Plansplans, and (iii) Buyer’s Plans will govern the determination of what, if any, short-term and long-term disability benefits will be paid to any Retained Employee whose disability occurs after the Effective Time (or which reoccurs after the Effective TimeTime ). If any Retained Employee is on any form of leave of absence at on the Effective Time Closing Date (including any leave subject to the Family and Medical Leave Act of 1993 or comparable state law), Buyer shall reinstate, or shall cause the Companies or the Transferring Subsidiaries Mervyn’s to reinstate, such Retained Employee to active employment upon the expiration of the leave to the extent such reinstatement is required by any applicable law or regulation or by the Companies’ and the Subsidiaries’ Mervyn’s personnel policies and shall satisfy any other obligation with respect to such Retained Employee as required under any applicable law or regulation or the Companies’ and the Subsidiaries’ Mervyn’s personnel policies (copies of which have been made available provided to Buyer) upon the expiration of such leave.

Disability Benefits and Leaves. Buyer will, or will cause the Companies and the Transferring Subsidiaries to, assume all liabilities with respect to Covered Persons payable under any Seller Plan providing disability benefits, whether related to a disability that occurred before or after the Cut-Off Date. Except as provided in the previous sentence, (i) Seller and the Seller Plans shall retain the liability for all long-term disability benefits payable to any Covered Person Retained Employee who is receiving or is entitled to receive long-term disability benefits under the terms of Seller’s long-term disability plans after any Seller Plan at the Cut-Off Date Effective Time and shall continue to provide such benefits in accordance with respect to any disability that occurred prior to the Cut-Off Date (but not with respect to any reoccurrence terms of such a disability after plan until the Cut-Off Date)Retained Employee is no longer eligible for such benefits, (ii) Buyer, the Companies, the Subsidiaries Buyer or a Buyer’s Plan shall assume the liability for all provide short-term disability benefits payable to any Retained Employee who is receiving or is eligible for such benefits under any a Seller Plan providing short-term disability at the Effective Time until the date such Retained Employee would no longer be eligible for such benefits that are payable following the Cut-Off Date with respect to any disability that occurred prior to the Cut-Off Date (determined under the terms of the such Seller Plan or personnel policy that applies to the disabled Retained Employee immediately prior to the Cut-Off Date) until the date, if any, date on which the Retained Employee qualifies would (if still employed by Seller) qualify for long-term disability benefits under the a Seller PlansPlan, whichever comes first, and, if such a Retained Employee would (if still employed by Seller) qualify for long-term disability benefits under a Seller Plan, Buyer shall provide such long-term disability benefits to such Retained Employee under Buyer’s Plans and (iii) Buyer’s Plans will govern the determination of what, if any, short-term and long-term disability benefits will be paid to any Retained Employee whose disability occurs after the Effective Time (or which reoccurs after the Effective Time). If any Retained Employee is on any form of leave of absence at on the Effective Time (including any leave subject to the Family and Medical Leave Act of 1993 or comparable state law), Buyer shall reinstate, or shall cause the Companies or the Transferring Subsidiaries to reinstate, reinstate such Retained Employee to active employment upon the expiration of the leave to the extent such reinstatement is required by any applicable law or regulation or by the Companies’ and the Subsidiaries’ Buyer’s personnel policies and shall satisfy any other obligation with respect to such Retained Employee as required under any applicable law or regulation or the Companies’ and the Subsidiaries’ Buyer’s personnel policies (copies of which have been made available to Buyer) upon the expiration of such leavepolicies.

Disability Benefits and Leaves. Buyer will, or will cause the Companies and the Transferring Subsidiaries to, assume all liabilities with respect to Covered Persons payable under any Seller Plan providing disability benefits, whether related to a disability that occurred before or after the Cut-Off Date. Except as provided in the previous sentence, (i) Seller and the Seller Plans shall retain the liability for all long-term disability benefits payable to any Covered Person Retained Employee who is receiving or is entitled to receive long-term disability benefits under the terms of Seller’s long-term disability plans after any Seller Plan at the Cut-Off Date Effective Time and shall continue to provide such benefits in accordance with respect to any disability that occurred prior to the Cut-Off Date (but not with respect to any reoccurrence terms of such a disability after plan until the Cut-Off Date)Retained Employee is no longer eligible for such benefits, (ii) Buyer, the Companies, the Subsidiaries Buyer or a Buyer’s 's Plan shall assume the liability for all provide short-term disability benefits payable to any Retained Employee who is receiving or is eligible for such benefits under any a Seller Plan providing short-term disability at the Effective Time until the date such Retained Employee would no longer be eligible for such benefits that are payable following the Cut-Off Date with respect to any disability that occurred prior to the Cut-Off Date (determined under the terms of the such Seller Plan or personnel policy that applies to the disabled Retained Employee immediately prior to the Cut-Off Date) until the date, if any, date on which the Retained Employee qualifies would (if still employed by Seller) qualify for long-term disability benefits under the a Seller PlansPlan, whichever comes first, and, if such a Retained Employee would (if still employed by Seller) qualify for long-term disability benefits under a Seller Plan, Buyer shall provide such long-term disability benefits to such Retained Employee under Buyer's Plans and (iii) Buyer’s 's Plans will govern the determination of what, if any, short-term and long-term disability benefits will be paid to any Retained Employee whose disability occurs after the Effective Time (or which reoccurs after the Effective Time). If any Retained Employee is on any form of leave of absence at on the Effective Time (including any leave subject to the Family and Medical Leave Act of 1993 or comparable state law), Buyer shall reinstate, or shall cause the Companies or the Transferring Subsidiaries to reinstate, reinstate such Retained Employee to active employment upon the expiration of the leave to the extent such reinstatement is required by any applicable law or regulation or by the Companies’ and the Subsidiaries’ Buyer's personnel policies and shall satisfy any other obligation with respect to such Retained Employee as required under any applicable law or regulation or the Companies’ and the Subsidiaries’ Buyer's personnel policies (copies of which have been made available to Buyer) upon the expiration of such leavepolicies.