Excess Benefit Plans. (a) Ralcorp shall continue to sponsor the Ralcorp Excess Benefit Plan after the Distribution Date, for such period of time as Ralcorp shall determine in its sole discretion. Ralcorp shall take all necessary steps for the Ralcorp Excess Benefit Plan to accept Liabilities from the Post Excess Benefit Plan representing any benefits accrued by Delayed Transfer Employees who transfer from the Post Group to the Ralcorp Group and have accrued benefits in the Post Excess Benefit Plan as of the Transfer Date. (b) Post (acting directly or through a member of the Post Group) shall continue to sponsor the Post Excess Benefit Plan after the Distribution Date, which shall be created on or prior to the Distribution Date with terms substantially similar to those under the Ralcorp Excess Benefit Plan, for such period of time as Post shall determine in its sole discretion. Post (acting directly or through a member of the Post Group) shall take all necessary steps for the Post Excess Benefit Plan to accept Liabilities from the Ralcorp Excess Benefit Plan representing any benefits accrued by individuals who are either (i) Post Employees and former Post Employees, or (ii) Delayed Transfer Employees who transfer from the Ralcorp Group to the Post Group and, in either case, have accrued benefits in the Ralcorp Excess Benefit Plan as of the Distribution Date or Transfer Date, as applicable.
Appears in 4 contracts
Samples: Employee Matters Agreement (Post Holdings, Inc.), Employee Matters Agreement (Post Holdings, Inc.), Employee Matters Agreement (Post Holdings, Inc.)
