Common use of Employee Service Credit Clause in Contracts

Employee Service Credit. The Purchaser (i) shall give, or cause the Company or any of its Subsidiaries to give, each Retained Employee credit under any benefit plan or personnel policies that cover the Retained Employee after the Closing Date for purposes of eligibility, vesting and entitlement to vacation, sick leave and severance benefits for the Retained Employee’s service with the Company and its Subsidiaries prior to the Closing Date, to the same extent recognized by the Company or its Subsidiaries or any predecessor thereof as of the Closing Date under the analogous Plan for the same purpose, and only to the extent that such service credit does not result in the duplication of benefits or compensation for the same period of service, (ii) in the year in which the Closing Date occurs, shall use commercially reasonable efforts to allow such Retained Employees to participate in each plan providing health benefits without regard to preexisting-condition limitations, waiting periods, evidence of insurability or other exclusions or limitations not imposed on the Retained Employee by the corresponding Plans or Canadian Employee Benefit Plans immediately prior to the Closing Date, and (iii) if any Welfare Plan or equivalent Canadian Employee Benefit Plan providing health benefits is terminated prior to the end of the plan year that includes the Closing Date, the Purchaser shall use commercially reasonable efforts to credit the Retained Employee with any expenses that were covered by such Welfare Plan(s) for purposes of determining deductibles, co-pays and other applicable limits under any similar replacement plans.

Appears in 2 contracts

Samples: Share Purchase Agreement, Share Purchase Agreement (Huntsman International LLC)

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Employee Service Credit. The Purchaser (i) shall give, or cause the Company or any of and its Subsidiaries to give, each Retained Employee credit under any benefit plan or personnel policies that cover the Retained Employee after the Closing Date Date, including any vacation, sick leave and severance policies, for purposes of eligibility, vesting and entitlement to vacation, sick leave and severance benefits for the Retained Employee’s service with the Company and its Subsidiaries Affiliates prior to the Closing Date, to the same extent recognized by the Company or its Subsidiaries or any predecessor thereof as of the Closing Date under the analogous Plan for the same purpose, and only to the extent that such service credit does not result in the duplication of benefits or compensation for the same period of serviceDate, (ii) in the year in which the Closing Date occurs, shall use commercially reasonable efforts to allow such Retained Employees to participate in each plan providing health welfare benefits (including medical, life insurance, long-term disability insurance and long-term care insurance) without regard to preexisting-preexisting condition limitations, waiting periods, evidence of insurability or other exclusions or limitations not imposed on the Retained Employee by the corresponding Plans or Canadian Employee Benefit Plans immediately prior to the Closing Date, and (iii) if any Welfare Plan or equivalent Canadian Employee Benefit Plan providing health benefits is terminated prior to the end of the plan year that includes the Closing Date, the Purchaser shall use commercially reasonable efforts to credit the Retained Employee with any expenses that were covered by such Welfare Plan(s) or Canadian Benefit Plan(s), as applicable, for purposes of determining deductibles, co-pays and other applicable limits under any similar replacement plans.

Appears in 1 contract

Samples: Stock Purchase Agreement (Intertape Polymer Group Inc)

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Employee Service Credit. The Purchaser (i) shall give, or cause the Company or any of and its Subsidiaries to give, each Retained Employee credit under any benefit plan or personnel policies that cover the Retained Employee after the Closing Date Closing, including any vacation, sick leave and severance policies, for purposes of eligibility, vesting and entitlement to vacation, sick leave and severance benefits for the Retained Employee’s 's service with the Company and its Subsidiaries Affiliates prior to the Closing DateClosing, to the same extent recognized by the Company or its Subsidiaries or any predecessor thereof as of the Closing Date under the analogous Plan for the same purpose, and only to the extent that such service credit does not result in the duplication of benefits or compensation for the same period of servicedate hereof, (ii) in the year in which the Closing Date occurs, shall use commercially reasonable efforts to allow such Retained Employees to participate in each plan providing health welfare benefits (including medical, life insurance, long‑term disability insurance and long‑term care insurance) without regard to preexisting-condition preexisting‑condition limitations, waiting periods, evidence of insurability or other exclusions or limitations not imposed on the Retained Employee by the corresponding Plans or Canadian Employee Benefit Plans immediately prior to the Closing DateClosing, and (iii) if any welfare benefit plan or Canadian Welfare Plan or equivalent Canadian Employee Benefit Plan providing health benefits is terminated prior to the end of the plan year that includes the Closing Datedate hereof, the Purchaser shall use commercially reasonable efforts to credit the Retained Employee with any expenses that were covered by such welfare benefit plan(s) or Canadian Welfare Plan(s) for purposes of determining deductibles, co-pays co‑pays and other applicable limits under any similar replacement plans.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Advanced Drainage Systems, Inc.)

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