Establishment of Mirror Retirement Plan and Trust. Effective Immediately after the Distribution Date, Tronox shall establish, or cause to be established, a Retirement Plan and Pension Trust qualified in accordance with Code section 401(a), and exempt from taxation under Code section 501(a). Before the expiration of the applicable remedial amendment period under Code section 401(b), Tronox shall file, or shall cause to be filed, an application for a determination from the IRS that the Tronox Retirement Plan and the Tronox Pension Trust are qualified within the meaning of sections 401(a) and 501(a) of the Code, respectively. Tronox shall timely make, or cause to be made, any modifications to the Tronox Retirement Plan and the Tronox Pension Trust required by the IRS as a condition of issuing a favorable determination.
Appears in 4 contracts
Samples: Employee Benefits Agreement, Employee Benefits Agreement (Tronox Inc), Employee Benefits Agreement (Kerr McGee Corp /De)
