DISCRIMINATION TESTING; DISTRIBUTIONS Sample Clauses

DISCRIMINATION TESTING; DISTRIBUTIONS. Eagle shall supply to Seitel within sixty (60) days of a request from Seitel all information reasonably requested by Seitel to undertake discrimination testing under Sections 401(a)(4), 401(k), 401(m), and 410(b) of the Code (or other applicable sections of the Code) for the portion of 1997 during which the parties were members of a controlled group of corporations within the meaning of Section 414(b) of the Code. Seitel shall share the discrimination test findings with Eagle, to the extent relevant to Eagle. At such times as are determined by Seitel, Eagle shall make distributions from their employee benefit plan to their employees or take other corrective actions determined by Seitel upon notice from Seitel to Eagle that such distributions or other actions are necessary to satisfy any discrimination test for the portion of 1997 during which the parties were members of a controlled group of corporations. Nothing herein shall be construed to require Seitel to undertake discrimination testing on Eagle's behalf nor shall any of Seitel's findings or any notice provided pursuant to the immediately preceding sentence create any responsibility or liability on the part of Seitel.
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DISCRIMINATION TESTING; DISTRIBUTIONS. ABNH shall supply to Parent within sixty (60) days of a request from Parent all information reasonably requested by Parent to undertake discrimination testing under Sections 401(a)(4), 401(k), 401(m), and 410(b) of the Code (or other applicable sections of the Code) for the portion of 1998 during which the parties were members of a controlled group of corporations within the meaning of Section 414(b) of the Code. Parent shall share the discrimination test findings with ABNH, to the extent relevant to ABNH. At such times as are determined by Parent, ABNH shall make distributions from their employee benefit plan to their employees or take other corrective actions determined by Parent upon notice from Parent to ABNH that such distributions or other actions are necessary to satisfy any discrimination test for the portion of 1998 during which the parties were members of a controlled group of corporations. Nothing herein shall be construed to require Parent to undertake discrimination testing for any period after the Closing Date on ABNH's behalf.
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Related to DISCRIMINATION TESTING; DISTRIBUTIONS

  • Operating Distributions Subject to Section 5.2, the Company shall from time to time distribute to the Member such amounts in cash and other assets as shall be determined by the Member.

  • Requirement and Characterization of Distributions; Distributions to Record Holders (a) Within 45 days following the end of each Quarter commencing with the Quarter ending on September 30, 2005, an amount equal to 100% of Available Cash with respect to such Quarter shall, subject to Section 17-607 of the Delaware Act, be distributed in accordance with this Article VI by the Partnership to the Partners as of the Record Date selected by the General Partner. All amounts of Available Cash distributed by the Partnership on any date from any source shall be deemed to be Operating Surplus until the sum of all amounts of Available Cash theretofore distributed by the Partnership to the Partners pursuant to Section 6.4 equals the Operating Surplus from the Closing Date through the close of the immediately preceding Quarter. Any remaining amounts of Available Cash distributed by the Partnership on such date shall, except as otherwise provided in Section 6.5, be deemed to be “Capital Surplus.” All distributions required to be made under this Agreement shall be made subject to Section 17-607 of the Delaware Act.

  • In-Service Distributions [X] (1) In-service distributions may be made from any of the Participant's vested Accounts, at any time upon or after the occurrence of the following events (select all applicable): [X] (a) a Participant's attainment of age 59-1/2. [X] (b) due to hardships as defined in Section 5.9 of the Plan. [ ] (2) In-service distributions are not permitted.

  • Interim Distributions At such times as may be determined by it in its sole discretion, the Trustee shall distribute, or cause to be distributed, to the Beneficiaries, in proportion to the number of Trust Units held by each Beneficiary relating to the Trust, such cash or other property comprising a portion of the Trust Assets as the Trustee may in its sole discretion determine may be distributed without detriment to the conservation and protection of the Trust Assets in the Trust.

  • Character of Liquidating Distributions All payments made in liquidation of the interest of a Unit Holder in the Company shall be made in exchange for the interest of such Unit Holder in Property pursuant to Section 736(b)(1) of the Code, including the interest of such Unit Holder in Company goodwill.

  • Death After Separation from Service But Before Benefit Distributions Commence If the Executive is entitled to benefit distributions under this Agreement, but dies prior to the commencement of said benefit distributions, the Bank shall distribute to the Beneficiary the same benefits that the Executive was entitled to prior to death except that the benefit distributions shall commence within thirty (30) days following receipt by the Bank of the Executive’s death certificate.

  • Liquidating Distributions Notwithstanding anything to the contrary in this Article VII or in Section 8.3 of the Master Agreement, upon the sale of the Property or the dissolution and liquidation of the Series in accordance with the provisions of this Agreement and of Section 8.3 of the Master Agreement, the proceeds of liquidation of the Series or the sale of the Property will be distributed within ninety (90) days of the date of sale of the Property or the dissolution and liquidation in the following order and priority:

  • Distributions to Members To the extent available after meeting the financial obligations of the Company, and after providing any necessary reserves as determined by the Manager, the Company shall distribute cash and other assets to the Member in a manner determined by the Manager, at such times and on such terms and conditions as deemed appropriate by the Manager.

  • Hardship Distribution Upon the Board of Director's determination (following petition by the Executive) that the Executive has suffered an unforeseeable financial emergency as described in Section 2.2.2, the Company shall distribute to the Executive all or a portion of the Deferral Account balance as determined by the Company, but in no event shall the distribution be greater than is necessary to relieve the financial hardship.

  • Allocations Distributions Each item of income, gain, loss, deduction and credit of the Company shall be allocated 100% to the Member. Each distribution of cash or other property by the Company shall be made 100% to the Member. Distributions shall be made to the Member at the times and in the amounts determined by the Member.

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