EFFECT OF FAILURE TO QUALIFY UNDER CODE. Notwithstanding any other provision contained herein, if the Employer fails to obtain or retain approval of the Plan by the Internal Revenue Service as a qualified Plan under the Code, the Employer may no longer participate in this prototype Plan arrangement and will be deemed to have an individually designed plan.
Appears in 10 contracts
Samples: Profit Sharing/401(k) Plan (Dep Corp), Profit Sharing / 401(k) Plan (Celadon Group Inc), Profit Sharing/401(k) Plan (Jaymark Inc)
EFFECT OF FAILURE TO QUALIFY UNDER CODE. Notwithstanding any other provision contained herein, if the Employer fails to obtain or retain approval of the Plan by the Internal Revenue Service as a qualified Plan under the Code, the Employer may no longer participate in this prototype Plan arrangement and will shall be deemed to have an individually designed plan.
Appears in 3 contracts
Samples: Retirement Plan Adoption Agreement (Hudson City Bancorp Inc), Retirement Plan Document (Brillian Corp), Corporate Plan Document (Axsys Technologies Inc)
EFFECT OF FAILURE TO QUALIFY UNDER CODE. Notwithstanding any other provision contained herein, if the Employer Employer’s plan fails to obtain or retain approval of the Plan by the Internal Revenue Service as be a qualified Plan plan under the Code, the Employer may such plan can no longer participate in this prototype Plan volume submitter plan arrangement and will shall be deemed to have considered an individually designed plan.
Appears in 3 contracts
Samples: Defined Contribution Plan (Profit Sharing/401(k) Plan) (Alcoa Inc.), Defined Contribution Plan (Profit Sharing/401(k) Plan) (Alcoa Inc.), Defined Contribution Plan (Profit Sharing/401(k) Plan) (Alcoa Inc.)
EFFECT OF FAILURE TO QUALIFY UNDER CODE. Notwithstanding any other --------------------------------------- provision contained herein, if the Employer fails to obtain or retain approval of the Plan by the Internal Revenue Service as a qualified Plan under the Code, the Employer may no longer participate in this prototype Plan arrangement and will be deemed to have an individually designed plan.
Appears in 2 contracts
Samples: Adoption Agreement (Technitrol Inc), Profit Sharing/401(k) Plan (Impac Group Inc /De/)
