Common use of Flexible Spending Plan Treatment Clause in Contracts

Flexible Spending Plan Treatment. Prior to the Distribution Effective Time, LogMeIn shall establish or designate a dependent care spending account and a medical care spending account (the “LogMeIn FSAs”). The Parties shall take all steps reasonably necessary or appropriate so that the account balances (positive or negative) under the Citrix FSAs of each SpinCo Employee who has elected to participate therein in the year in which the Distribution Effective Time occurs shall be transferred on, or as soon as practicable after, the Distribution Effective Time from the Citrix FSAs to the corresponding LogMeIn FSAs. The LogMeIn FSAs shall assume responsibility as of the Distribution Effective Time for all outstanding dependent care and medical care claims under the Citrix FSAs of each SpinCo Employee for the year in which the Distribution Effective Time occurs and shall assume the rights of and agree to perform the obligations of the analogous Citrix FSA from and after the day following the date of the Distribution Effective Time. The Parties shall cooperate to provide that the contribution elections of each such SpinCo Employee as in effect immediately before the Distribution Effective Time remain in effect under the LogMeIn FSAs following the Distribution Effective Time. As soon as practicable after the Distribution Effective Time, Citrix shall transfer to SpinCo an amount equal to the total contributions made to the Citrix FSAs by SpinCo Employees in respect of the plan year in which the Distribution Effective Time occurs, reduced by an amount equal to the total claims already paid to SpinCo in respect of such plan year. From and after the Distribution Effective Time, Citrix shall (subject to applicable Law) provide SpinCo with such information such entity may reasonably request to enable it to verify any claims information pertaining to a Citrix FSA.

Appears in 3 contracts

Samples: Employee Matters Agreement (LogMeIn, Inc.), Separation and Distribution Agreement (LogMeIn, Inc.), Separation and Distribution Agreement (Citrix Systems Inc)

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Flexible Spending Plan Treatment. Prior to the Distribution Effective Time, LogMeIn GLPI shall establish or designate a dependent care spending account and a medical care spending account (the “LogMeIn GLPI FSAs”)) effective as of the Effective Time, which GLPI FSAs shall have terms that are substantially identical to the analogous Penn dependent care and medical care flexible spending accounts (the “Penn FSAs”) as in effect immediately prior to the Effective Time. The Parties GLPI and Penn shall take all steps reasonably necessary or appropriate so that the account balances (positive or negativeif any) under the Citrix Penn FSAs of each SpinCo GLPI Employee who has elected to participate therein in the year in which the Distribution Effective Time occurs shall be transferred ontransferred, or as soon as practicable after, after the Distribution Effective Time from the Citrix Penn FSAs to the corresponding LogMeIn GLPI FSAs. The LogMeIn GLPI FSAs shall assume responsibility as of the Distribution Effective Time for all outstanding dependent care and medical care claims under the Citrix Penn FSAs of each SpinCo GLPI Employee for the year in which the Distribution Effective Time occurs and shall assume the rights of and agree to perform the obligations of the analogous Citrix Penn FSA from and after the day following the date of the Distribution Effective Time. The Parties GLPI shall cooperate to provide take all steps necessary or appropriate so that the contribution elections of each such SpinCo GLPI Employee as in effect immediately before the Distribution Effective Time remain in effect under the LogMeIn GLPI FSAs following the Distribution Effective Time. As soon as practicable practicable, after the Distribution Effective Time, Citrix Penn shall transfer to SpinCo GLPI an amount equal to the total contributions made to the Citrix Penn FSAs by SpinCo GLPI Employees in respect of the plan year in which the Distribution Effective Time occurs, reduced by an amount equal to the total claims already paid to SpinCo GLPI in respect of such plan year. From and after the Distribution Effective Time, Citrix Penn shall (subject to applicable Law) provide SpinCo GLPI with such information such entity may reasonably request to enable it to verify any claims information pertaining to a Citrix Penn FSA.

Appears in 2 contracts

Samples: Employee Matters Agreement (Gaming & Leisure Properties, Inc.), Employee Matters Agreement (Gaming & Leisure Properties, Inc.)

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