Existing Plans. “Frankfort First Existing Plans” shall mean all Employee Benefit Plans of Frankfort First and the Frankfort First Subsidiaries and any Employee Benefit Plans of such entities that have been terminated since July 1, 2001, all of which are listed on the Frankfort First Disclosure Schedule.
Existing Plans. Neither the Company nor any Company ERISA Affiliate maintains or contributes to, nor is any such party bound by or liable with respect to, any Employee Benefit Plan. All of the Company's Employee Benefit Plans are in compliance in all material respects with all applicable Laws, including ERISA and the Code. To the Knowledge of the Company, there are no facts which would adversely affect the tax qualified status of any of the Company's Existing Plans which are intended to meet the requirements of Section 401(a) of the Code.
Existing Plans. Except for Plans as set forth on Schedule 7.16., neither the Borrower nor any Guarantor maintains, nor has the Borrower or any Guarantor at any time maintained, any Plan subject to the provisions of ERISA. Neither the Borrower nor any Guarantor is, nor has at any time been, a member of any ERISA Group with any Person that has at any time maintained any such Plan.
Existing Plans. Existing Plans" shall mean the Benefit Plans listed and described on Schedule 1.1 attached hereto which provide benefits to current Business Employees.
Existing Plans. Existing Plans" shall mean all material Employee Benefit Plans of the Company.
Existing Plans. Except for the Employee Benefit Plans of the ZERO Companies identified as the "Existing Plans" on the Disclosure Schedule, none of the ZERO Companies maintain, nor is bound by, any Employee Benefit Plan. All of the Existing Plans are, to the extent applicable, in compliance in all material respects with ERISA, the Code and all other applicable Laws. All of the Existing Plans which are intended to meet the requirements of Section 401(a) or 403(a) of the Code have been determined to be "qualified" within the meaning of the Code, and, to the Knowledge of ZERO, there are no facts which would adversely affect the qualified status of any of such Existing Plans. Each Existing Plan has been administered in all material respects in accordance with its terms and is in compliance in all material respects with all applicable Laws. Any Employee Benefit Plan that is not an Existing Plan that has been terminated was done so in compliance in all material respects with all applicable Laws, and, to the Knowledge of ZERO, there is no basis for further liability or obligation of any ZERO Company pursuant to any past Employee Benefit Plan.
Existing Plans. Except as previously delivered to Parent, neither the Company nor any Company ERISA Affiliate (defined below) maintains
Existing Plans. 18 3.16 Conduct of Business of API...................................... 18 3.17 Section 280G of the Code........................................ 19
Existing Plans. API understands and agrees that: (a) except as described in Sections 3.15(b) and 3.15(c) of this Agreement, all Existing Plans or plans substantially comparable in the aggregate shall be maintained for individuals who are employees and former employees of ZERO as of the Closing Date for a period of at least one year from the Closing Date on terms at least as favorable (in the aggregate) as those in effect on the Closing Date; (b) ZERO's Deferred Compensation Plan of 1994 including any related funding arrangements (including without limitation any rabbi trusts and any amounts credited to such plan pursuant to ZERO's pension and stock restoration plans) shall actually be maintained and administered in accordance with their terms from and after the Closing Date and the affected participants and beneficiaries shall be considered third party beneficiaries of this Section 3.15(b); and (c) ZERO's Joint Life Insurance Plan of 1989 and Joint Life Insurance Plan of 1994 and any and all related funding arrangements including but not limited to rabbi trusts shall remain in effect upon and after the Closing Date and shall be administered in accordance with their respective terms and shall not be terminated or modified in any way without the consent of affected participants or beneficiaries and such participants and beneficiaries shall be considered third party beneficiaries of this Section 3.15(c).
Existing Plans. The Company agrees that, in view of the fact that some existing plans provide benefits which are different the above, the following exceptions will apply: For the rate credited for employee and employer contributions made prior to July will be in accordance with the terms of the current Great-West Life contract. For vesting of benefits in respect of service prior to July will be after one year of service and the termination benefit in respect of that period of service will, subject to legislation which may limit his ability to withdraw cash, be in accordance with the terms of the current Great-West Life contract. United Grain Growers employees who were members of the plan prior to July will have a seven year guarantee. For the death benefit for service June will be as above. For service prior to that date, it will be a return of employee and employer contributions made in that period of service, with interest. For the death benefit for service after June will be as above. For service prior to that date, it will be the greater of;
