Common use of Lumentum 401(k) Plan Clause in Contracts

Lumentum 401(k) Plan. (a) Establishment of Plan. Effective as of the Distribution Date, Lumentum shall establish the Lumentum 401(k) Plan and a related trust (the “Lumentum 401(k) Trust”) which shall be intended to meet the Qualification Requirements (including under sections 401(k) and (m) of the Code). Prior to the transfer of Lumentum Group Employee’s assets in the JDSU 401(k) Plan to the Lumentum 401(k) plan, Lumentum shall provide JDSU with (i) a copy of the Lumentum 401(k) Plan and Lumentum 401(k) Trust; and (ii) a copy of certified resolutions of the Lumentum Board (or its authorized committee or other delegate) evidencing adoption of the Lumentum 401(k) Plan and Lumentum 401(k) Trust and the assumption by the Lumentum 401(k) Plan of the JDSU 401(k) Plan assets being transferred.