Common use of Employees and Benefits Generally Clause in Contracts

Employees and Benefits Generally. As of the date hereof, except with respect to the Specified Officers and those employees listed on Schedule A hereto, all employees actively engaged on a regular basis in the business conducted by the WhiteWave Group are employees of a member of the WhiteWave Group. Except for employees of a member of the WhiteWave Group primarily performing services outside the United States, all employees of the WhiteWave Group participate in employee benefit plans maintained and sponsored by Xxxx Foods or any member of the Xxxx Foods Group (the “Xxxx Foods Plans”). Following the IPO and prior to and through the Distribution Date, except as otherwise expressly provided below, each such WhiteWave Employee participating in any Xxxx Foods Plan at the IPO (and each person who becomes a WhiteWave Employee after the date hereof and becomes eligible to participate in any such Xxxx Foods Plan in accordance with the terms of such Xxxx Foods Plan) shall participate in such Xxxx Foods Plan on the terms and conditions applicable under such Xxxx Foods Plan, as currently in effect or as it may be amended from time to time. Notwithstanding the immediately preceding sentence, the continued participation of any employee of the WhiteWave Group in any such Xxxx Foods Plan shall be subject to the WhiteWave Group member by which any such person is employed bearing the cost and expense of such participation in accordance with the policies, practices and arrangements (including, without limitation, the method of allocating expenses and costs) in effect between the Parties on the date hereof, even if such policies, practices and arrangements would require payments or reimbursements to be made to Xxxx Foods by a WhiteWave Group member following the Distribution Date. Except as otherwise expressly provided herein, if the Distribution shall occur, on the Distribution Date, each WhiteWave Employee shall cease to participate in each such Xxxx Foods Plan.