Establishment of Plan and Trust. Newco or one of its Affiliates shall adopt or otherwise make available a retirement plan and related trust that are qualified and tax-exempt pursuant to Code Sections 401(a) and 501(a), respectively, and that is intended to meet the requirements of Code Section 401(k) (the “Newco 401(k) Plan”), and any trust agreement or other plan documents reasonably necessary in connection therewith, and shall cause a trustee to be appointed for the Newco 401(k) Plan. Vornado and Newco acknowledge and agree that the JBG Properties, Inc. Employee 401(k) Savings Plan may serve as the Newco 401(k) Plan.
Establishment of Plan and Trust. Prior to the Plan Separation Date, Dover and Xxxxxxx shall have adopted, or caused to have been adopted, the Xxxxxxx 401(k) Plan and any trust agreements or other plan documents reasonably necessary and shall have caused trustees to be appointed for such plan.
Establishment of Plan and Trust. Prior to the Distribution Effective Time, Ironwood shall cause Cyclerion or a Cyclerion Group member to adopt the Cyclerion 401(k) Plan, which shall be substantially similar in all material respects to the Ironwood 401(k) Plan, and any trust agreements, other plan documents, summary plan descriptions, notices and enrollment materials reasonably necessary to implement the Cyclerion 401(k) Plan, and shall cause trustees to be appointed for such plan. Each Cyclerion Employee who was eligible to participate in the Ironwood 401(k) Plan immediately prior to the effective date of the Cyclerion 401(k) Plan (or prior to the Distribution Effective Time, if later) shall be eligible to participate in the Cyclerion 401(k) Plan as of its effective date, and the participation of each Cyclerion Employee in the Ironwood 401(k) Plan shall cease as of such date. All other Cyclerion Employees shall become eligible to participate in the Cyclerion 401(k) Plan as provided under the terms of such plan.
Establishment of Plan and Trust. SpinCo or one of its Affiliates shall adopt a retirement plan and related trust which are qualified and tax-exempt pursuant to Code Sections 401(a) and 501(a), respectively, and which are intended to meet the requirements of Code Section 401(k) (the “SpinCo 401(k) Plan”), and any trust agreement or other plan documents reasonably necessary in connection therewith, and shall cause a trustee to be appointed for the SpinCo 401(k) Plan. Such actions shall be completed prior to, or as soon as reasonably practicable following, the Effective Time.
Establishment of Plan and Trust. Ensign and CareTrust shall adopt or cause to be adopted the CareTrust 401(k) Plan and any trust agreements or other plan documents reasonably necessary and shall cause trustees to be appointed for such plan. Such actions shall be completed as soon as practicable following the Effective Time. Such plan shall accept rollovers from the Ensign Defined Contribution Plan in accordance with its terms and applicable Law.
Establishment of Plan and Trust. Effective October 1, 2023, Alkermes shall cause Mural or a Mural Group member to adopt the Mural 401(k) Plan, which shall be substantially similar in all material respects to the Alkermes 401(k) Plan, and any trust agreements, other plan documents, summary plan descriptions, notices and enrollment materials reasonably necessary to implement the Mural 401(k) Plan, and shall cause trustees to be appointed for such plan. Each Mural Employee who was eligible to participate in the Alkermes 401(k) Plan immediately prior to the effective date of the Mural 401(k) Plan (or prior to the Distribution Effective Time, if later) shall be eligible to participate in the Mural 401(k) Plan as of its effective date, and the participation of each Mural Employee in the Alkermes 401(k) Plan shall cease as of such date. All other Mural Employees shall become eligible to participate in the Mural 401(k) Plan as provided under the terms of such plan.
Establishment of Plan and Trust. Effective November 1, 2021, bluebird shall cause 2seventy or a 2seventy Group member to adopt the 2seventy 401(k) Plan, which shall be substantially similar in all material respects to the bluebird 401(k) Plan, and any trust agreements, other plan documents, summary plan descriptions, notices and enrollment materials reasonably necessary to implement the 2seventy 401(k) Plan, and shall cause trustees to be appointed for such plan. Each 2seventy Employee who was eligible to participate in the bluebird 401(k) Plan immediately prior to the effective date of the 2seventy 401(k) Plan (or prior to the Distribution Effective Time, if later) shall be eligible to participate in the 2seventy 401(k) Plan as of its effective date, and the participation of each 2seventy Employee in the bluebird 401(k) Plan shall cease as of such date. All other 2seventy Employees shall become eligible to participate in the 2seventy 401(k) Plan as provided under the terms of such plan.
Establishment of Plan and Trust. Prior to the Distribution Effective Time, Biogen shall cause Bioverativ or a Bioverativ Group Member to adopt the Bioverativ 401(k) Plan, which shall be substantially similar in all material respects to the Biogen Defined Contribution Plan, and any trust agreements, other plan documents, summary plan descriptions, notices and enrollment materials reasonably necessary to implement the Bioverativ 401(k) Plan, and shall cause trustees to be appointed for such plan. Each Bioverativ Employee who was eligible to participate in the Biogen Defined Contribution Plan immediately prior to the effective date of the Bioverativ 401(k) Plan (or prior to the Distribution Effective Time, if later) shall be eligible to participate in the Bioverativ 401(k) Plan as of its effective date, and the participation of each Bioverativ Employee in the Biogen Defined Contribution Plan shall cease as of such date. All other Bioverativ Employees shall become eligible to participate in the Bioverativ 401(k) Plan as provided under the terms of such plan.
Establishment of Plan and Trust. ASD and WABCO shall adopt or cause to be adopted the WABCO 401(k) Plan and any trust agreements or other plan documents reasonably necessary and shall cause trustees to be appointed for such plan. Such actions shall be completed prior to the Effective Time.
Establishment of Plan and Trust. UE or one of its Affiliates shall adopt a retirement plan and related trust that are qualified and tax-exempt pursuant to Code Sections 401(a) and 501(a), respectively, and that is intended to meet the requirements of Code Section 401(k) (the “UE 401(k) Plan”), and any trust agreement or other plan documents reasonably necessary in connection therewith, and shall cause a trustee to be appointed for the UE 401(k) Plan. Such actions shall be completed prior to, or as soon as reasonably practicable following, the Effective Time. Subject to the written consent of VNO, UE may satisfy its obligations under this Section 3.1 by establishing or adopting a multiple employer 401(k) plan of which VNO or an Affiliate of VNO is the primary sponsoring employer. If such a multiple employer 401(k) plan is established, it shall be deemed, for purposes of this Section 3.1, to be the UE 401(k) Plan referenced herein.
