Filing of Plan Sample Clauses

Filing of Plan. Upon approval of the Plan by the Superintendent and the Voting Policyholders, the Company shall, as soon as practicable thereafter, file a copy of the Plan certified by the Superintendent in the office of the Superintendent and the Clerk of New York County pursuant to Section 7312(l).
AutoNDA by SimpleDocs
Filing of Plan. 9 5.8 Tax Considerations.................................. 9 ARTICLE VI
Filing of Plan. The Plan shall have been filed with the Bankruptcy Court and not withdrawn or modified without the consent of the Lenders.
Filing of Plan. On or before the Effective Date, NPB and Panasia shall cause the Plan, after approval by the stockholders of Panasia in accordance with the applicable laws of the State of New Jersey, and accompanied by certification of the President of Panasia of such stockholder approval, to be filed in the NJDBI on the Closing Date.
Filing of Plan. Obligors shall file (as sole proponents or jointly with one or more Committees), on or before the termination of Obligors’ exclusivity under Section 1121 of the Bankruptcy Code and, in all events, within 120 days after the Petition Date, a Reorganization Plan which shall provide, among other things, for the Full Payment on the effective date of all Obligations and, to the extent not otherwise fully paid, the Pre-Petition Debt, including the Cash Collateralization of all of Obligors’ outstanding contingent obligations with respect to Pre-Petition LCs, Letters of Credit and Banking Relationship Debt (including repayment in the form of refinancing thereof pursuant to exit financing provided by Lender); for the allowance of the Pre-Petition Debt as a fully secured claim; for a and a full and complete release of any and all Claims that any Obligor or the Estate of any Obligor might have or assert against Lender, in its capacity as Pre-Petition Agent or Pre-Petition Lender or any “issuing bank” under the Pre-Petition Loan Agreement, that arise under any provision in Chapter 5 of the Bankruptcy Code and have not been asserted during the pendency of the Chapter 11 Cases; and which shall contain such other terms and conditions as are reasonably acceptable to Pre-Petition Agent and Lender.
Filing of Plan. Jxxxx agrees to file a copy of this Plan with the Secretary -------------- of Premier. Jxxxx further acknowledges and agrees that a copy of this Plan may be filed by Premier with the Securities and Exchange Commission ("SEC") and disclosed in reports filed by Premier with the SEC.
Filing of Plan. Old HomePlace will file a plan of reorganization with the Bankruptcy Court in the form attached hereto as Exhibit C (subject to amendment or supplement pursuant to and in accordance with this Section 5.12, the "Plan") and hereby agrees not to amend such Plan nor include or amend any supplement to such Plan: (a) in a manner that changes any cash distributions under the Plan or the capital structure of Old HomePlace or New HomePlace so as to adversely affect Waccamaw or the Government of Kuwait or in any other manner that has a material economic affect on any rights or interests of Waccamaw, the Surviving Corporation or the Government of Kuwait, without first obtaining the written consent of Waccamaw; or (b) in any other manner, without first obtaining the written consent of Waccamaw, which consent may not be unreasonably withheld. On the Plan Effective Date and immediately prior to the Effective Time, New HomePlace shall distribute shares of New HomePlace Common Stock in accordance with the Plan. The parties hereto stipulate and agree that Waccamaw may, in its discretion, refuse to consent to any amendment or supplement referred to clause (a) above for any reason whatsoever and that any such refusal shall not be construed as unreasonably withholding Waccamaw's consent.
AutoNDA by SimpleDocs
Filing of Plan. The approval of these Articles of Merger by the shareholders of Seller shall be certified in Articles of Merger which shall be signed and acknowledged by the President or Vice President of Seller. Thereafter, an original of the Articles of Merger, so certified, signed and acknowledged, shall be delivered to the MCB and GBCF for filing and recordation in the manner required by law.

Related to Filing of Plan

  • Amendment of Plan The Board of Directors may amend the Plan with respect to all Participating Companies or with respect to a particular Participating Company at any time, and from time to time, pursuant to written resolutions adopted by the Board of Directors (and all Employees and persons claiming any interest hereunder shall be bound thereby); provided, however, that no such amendment shall: (a) Alter the rights, duties or responsibilities of the Named Fiduciary or Trustees without their written consent; (b) Permit any portion of the Trust Fund to inure to the benefit of the Company or permit any portion of the Trust Fund to be held or used other than for the exclusive purpose of providing benefits to Participants and their Beneficiaries and defraying reasonable costs of administering the Plan; or (c) Have the effect of decreasing the “accrued benefit” of any Participant as proscribed in Section 411(d)(6) of the Code; (d) Have the effect of reducing any then vested percentage of benefits of any Participant as computed in accordance with the vesting schedule under Article VII of the Plan. If the vesting schedule under Article VII of the Plan shall be amended and such an amendment would, at any time, decrease the percentage of vested benefits which any Participant would have been entitled to receive had the vesting schedule not been so amended, then each Participant who is an Employee on the date such amendment is adopted, or the date such amendment is effective, whichever is later, and who has three (3) or more Periods of Service as of the end of the period within which such Participant may make the election provided for herein, shall be permitted, beginning on the date such amendment is adopted, to irrevocably elect to have the Participant’s vested interest computed without regard to such amendment. Written notice of such amendment and the availability of such election must be given to each such Participant, and each such Participant shall be granted a period of sixty (60) days after the later of: (1) The Participant’s receipt of such notice; or (2) The effective date of such amendment within which to make such election. Such election shall be exercised by the Participant by delivering or sending written notice thereof to the Named Fiduciary prior to the expiration of such sixty (60) day period.

  • Approval of Plan Approval of the Plan by the Commissioner of Internal Revenue as referred to in 17.1 means a continuing approval sufficient to establish that the Plan and related trust(s) are at all times qualified and exempt from income tax under Section 401(a) and other applicable provisions of the Internal Revenue Code of 1986, and that contributions made by the Company under the Plan are deductible for income tax purposes in accordance with law. The cognizant governmental authorities referred to in 17.1 include, without limitation, the Department of Labor, the Pension Benefit Guaranty Corporation and the Securities and Exchange Commission, and their approval means their confirmation with respect to any matter within their regulatory authority that the Plan does not conflict with applicable law.

  • Termination of Plan The Sponsor may terminate the Plan and the Trust with respect to all Employers by executing and delivering to the Committee and the Trustee, a notice of termination, specifying the date of termination.

  • Term of Plan This Plan shall remain in effect until the earlier of (i) termination by the Board, (ii) the distribution of all assets of the Trust, or (iii) 21 years from the Effective Date. Termination of the Plan shall not effect any Plan Share Awards previously granted, and such Plan Share Awards shall remain valid and in effect until they have been earned and paid, or by their terms expire or are forfeited.

  • Administration of Plan The Plan is administered by the Committee appointed by the Company’s Board of Directors. The Committee has the authority to construe and interpret the Plan, to make rules of general application relating to the Plan, to amend outstanding awards pursuant to the Plan, and to require of any person receiving an award, at the time of such receipt or lapse of restrictions, the execution of any paper or the making of any representation or the giving of any commitment that the Committee shall, in its discretion, deem necessary or advisable by reason of the securities laws of the United States or any State, or the execution of any paper or the payment of any sum of money in respect of taxes or the undertaking to pay or have paid any such sum that the Committee shall in its discretion, deem necessary by reason of the Internal Revenue Code or any rule or regulation thereunder, or by reason of the tax laws of any State.

  • Termination of Plans Promptly and in any event within two Business Days after receipt thereof by the Borrower or any member of the Controlled Group from the PBGC, copies of each notice received by the Borrower or any such member of the Controlled Group of the PBGC’s intention to terminate any Plan or to have a trustee appointed to administer any Plan;

  • Terms of Plan This Agreement is entered into pursuant to the Plan (a copy of which has been delivered to the Grantee). This Agreement is subject to all of the terms and provisions of the Plan, which are incorporated into this Agreement by reference, and the actions taken by the Committee pursuant to the Plan. In the event of a conflict between this Agreement and the Plan, the provisions of the Plan shall govern. All determinations by the Committee shall be in its sole discretion and shall be binding on the Company and the Grantee.

  • Approval of Plans Landlord will not check Tenant drawings for building code compliance. Approval of the Final Plans by Landlord is not a representation that the drawings are in compliance with the requirements of governing authorities, and it shall be Tenant’s responsibility to meet and comply with all federal, state, and local code requirements. Approval of the Final Plans does not constitute assumption of responsibility by Landlord or its architect for their accuracy, sufficiency or efficiency, and Tenant shall be solely responsible for such matters.

  • Incorporation of Plan Notwithstanding anything herein to the contrary, this Agreement shall be subject to and governed by all the terms and conditions of the Plan, including the powers of the Administrator set forth in Section 2(b) of the Plan. Capitalized terms in this Agreement shall have the meaning specified in the Plan, unless a different meaning is specified herein.

  • Amendment and Termination of Plan Notwithstanding any provision in this Adoption Agreement or the Plan to the contrary, Section of the Plan shall be amended to read as provided in attached Exhibit . XX There are no amendments to the Plan.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!