EMPLOYER PLAN Sample Clauses

EMPLOYER PLAN. The term "Employer Plan" means a defined contribution plan adopted by the Employer that is intended to meet the requirements for qualification under Section 401 (a) of the Code and that participates in this Contract pursuant to the Master Trust or the Pooled Trust.
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EMPLOYER PLAN. With respect to the Pension Plans, Seller agrees to cause the Company to make to such Pension Plans all contributions required to be made with respect to the time period prior to the Closing in accordance with the terms of the Collective Bargaining Agreement. Buyer agrees to cause to be made to such Pension Plans all contributions required to be made with respect to the time period beginning on the Closing in accordance with the terms of the Collective Bargaining Agreement as long as such agreement remains in force. Subject to Article VIII hereof, Buyer shall cause the Company to indemnify Seller against all contributions required and liabilities assessed under such Pension Plans after the Closing.
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EMPLOYER PLAN. In the event contributions are being made to a Custodial Account pursuant to any retirement plan or program sponsored by an Employer, it is recognized that such retirement plan or program may contain specific provisions, restrictions or limitations on participation, vesting, contributions, distributions, investments or other aspects of the Custodial Account. To the extent that any provisions of the Agreement are inconsistent with such retirement plan or program, the provisions of the retirement plan or program shall be controlling, unless such provisions impose duties or responsibilities upon the Company or the Custodian which differ from those set forth in this Agreement, in which event such provisions shall be binding upon the Custodian and Company only if consented to by the Custodian and Company. The Employer shall be responsible for notifying the Company and Custodian of any provisions of the Employer's retirement plan or program that differ from the provisions of this Agreement and for obtaining the written consent of the Custodian and Company to any such provisions which impose additional duties on the Custodian or Company. Absent such notification and consent, as required above, neither the Company nor the Custodian shall be responsible for any action or inaction consistent with this Agreement which may conflict with the provisions of an Employer's retirement plan or program.
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EMPLOYER PLAN. All contributions made to the Account shall be made pursuant to the Plan. If the terms of the Plan are inconsistent with the provisions of this Agreement, the provisions of the Plan shall control, except with respect to Articles IV, VI, VII, VIII, and IX. The Custodian’s responsibilities or duties under this Agreement cannot be modified by the terms of the Plan without the Custodian’s prior written consent.
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EMPLOYER PLAN. (a) Employer Plan Defined. The Account may operate as part of a deferred compen- sation arrangement maintained by the Employee’s Employer and which consti- tutes an employee pension benefit plan within the meaning of Section 3(2) of ERISA and regulations thereunder (or that would be described in such section except for the fact that such arrangement is not subject to ERISA — for example, governmental plans). Any such arrangement is defined as an “Employer Plan” for purposes of this Agreement. (b) If there is an inconsistency between the provisions of the Employer Plan and the provisions of this Agreement, the provisions of the Employer Plan shall govern, provided that: (i) the Employer has provided the Custodian with a copy of the Plan, (including all amendments); (ii) the Employer Plan does not impose any duties, obligations or responsibilities on the Custodian in addition to or inconsistent with the duties, obligations and responsibilities of the Custodian under this Agreement, and does not limit or diminish the rights and protections of the Custodian under this Agreement, and no provision of the Employer Plan may deprive the Custodian of the benefits of Section 6.3(j), except as expressly provided in a separate written agreement between the Custodian and the Employer.
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Related to EMPLOYER PLAN

  • Multiemployer Plan “Multiemployer Plan” shall mean any “multiemployer plan,” as defined in Section 3(37) or 4001(a)(3) of ERISA, which any Seller or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or maintained, administered, contributed to or was required to contribute to, or under which any Seller or any ERISA Affiliate has or may have any Liability.

  • Multiemployer Plan Notices Promptly and in any event within five Business Days after receipt thereof by any Loan Party or any ERISA Affiliate from the sponsor of a Multiemployer Plan, copies of each notice concerning (A) the imposition of Withdrawal Liability by any such Multiemployer Plan, (B) the reorganization or termination, within the meaning of Title IV of ERISA, of any such Multiemployer Plan or (C) the amount of liability incurred, or that may be incurred, by such Loan Party or any ERISA Affiliate in connection with any event described in clause (A) or (B).

  • Multiemployer Plans Neither the Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 of ERISA or as a result of a sale of assets described in §4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 or §4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A of ERISA.

  • ERISA Plan The Buyer is an employee benefit plan within the meaning of Title I of the Employee Retirement Income Security Act of 1974.

  • Employer Policies Employees shall be governed by written policies adopted by the Employer as publicized on bulletin boards, or by general distribution, provided such policies are not in conflict with the provisions of this Agreement.

  • Pension Plan Employers and/or individuals who manage, operate, assist or own, either partially or wholly, a company or companies working non-union in the construction industry on Mainland Nova Scotia within the craft jurisdiction of xxx Xxxxxxxxxx Local 83 shall not be eligible to be appointed to serve, or to continue to serve, as trustees on any trust fund referred to within this Collective Agreement. This provision shall apply to management trustees and union trustees alike. 29.01 It is agreed that the employer shall pay into the established Pension Fund an amount per hour for each hour paid as per the wage tables in Craft Schedule “A”, “B”, “S” and Appendix “MIP”. Pension contributions shall be calculated based on the base hourly rate and vacation pay, and no premium shall affect this. For the purposes of this Article, overtime rates payable in accordance with Article 16 are not premiums. Such contributions shall be paid to the Trustees of the Pension Fund on or before the fifteenth (15th) day of the month following the month such hours were worked and shall be accompanied by a remittance report form for each employee on a form prescribed by the Trustees of the Fund. Each monthly report and contributions shall include all obligations arising from hours worked up to the preceding calendar month. 29.02 It is agreed that provisions for an increase in the Pension Plan (other than those increases listed above) will be implemented if so desired by the Local, with the employer contribution to be deducted from the wages rates contained herein, provided the employer receives sixty (60) days notice of such change. 29.03 The Pension Plan shall be professionally administered. 29.04 Neither the United Brotherhood of Carpenters and Joiners of America, Local 83, nor the Nova Scotia Construction Labour Relations Association shall incur any legal liability with regard to claims arising from the Pension Plan. 29.05 Employers bound by, or subject to the Agreement, shall be required to maintain for a two (2) year period, a complete set of employment records including: • employee’s name, address, and S.I.N. • number of hours worked by the employee in each week • employee’s wage rate and gross earnings, amount(s) and description of deductions from the employee’s wages • particulars of pay allowances or other payments or benefits to which the employee is entitled.

  • Employer Property Employees must return to the Employer all Employer property in their possession at the time of termination of employment. The Employer shall take such action as required to recover the value of articles which are not returned.

  • ERISA Plans Any one or more of the following events occurs with respect to a Plan of the Borrower subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the Borrower: (a) A reportable event shall occur under Section 4043(c) of ERISA with respect to a Plan. (b) Any Plan termination (or commencement of proceedings to terminate a Plan) or the full or partial withdrawal from a Plan by the Borrower or any ERISA Affiliate.

  • Foreign Plans 24 8.2 EFFECT IF DISTRIBUTION DOES NOT OCCUR..................................................24 8.3

  • ERISA; Benefit Plans Schedule 5.13 sets forth a list of all material deferred compensation, profit-sharing, retirement and pension plans and all material bonus and other material employee benefit or fringe benefit plans maintained, or with respect to which contributions have been made, by Seller with respect to current or former employees employed in connection with the power generation operations of the Generating Plants and the Gas Turbines (collectively, "Benefit Plans"). Seller and each trade or business (whether or not incorporated) which are or have ever been under common control, or which are or have ever been treated as a single employer, with Seller under Section 414(b), (c), (m) or (o) of the Code (an "ERISA Affiliate") have fulfilled their respective obligations under the minimum funding requirements of Section 302 of ERISA, and Section 412 of the Code, with respect to each Benefit Plan which is an "employee pension benefit plan" as defined in Section 3(2) of ERISA and each such plan is in compliance in all material respects with the presently applicable provisions of ERISA and the Code, except for such failures to fulfill such obligations or comply with such provisions which would not, individually or in the aggregate, create a Material Adverse Effect. Neither Seller nor any ERISA Affiliate has incurred any liability under Section 4062(b) of ERISA, or any withdrawal liability under Section 4201 of ERISA, to the Pension Benefit Guaranty Corporation in connection with any Benefit Plan which is subject to Title IV of ERISA which liability remains outstanding, and there has not been any reportable event (as defined in Section 4043 of ERISA) with respect to any such Benefit Plan (other than a reportable event with respect to which the 30-day notice requirement has been waived by the PBGC). Neither Seller nor any ERISA Affiliate or parent corporation, within the meaning of Section 4069(b) or Section 4212(c) of ERISA, has engaged in any transaction, within the meaning of Section 4069(b) or Section 4212(c)

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