Common use of Mergers and Consolidations Clause in Contracts

Mergers and Consolidations. (a) In the case of any merger or consolidation of the Employer's Plan with, or transfer of assets or liabilities of the Employer's Plan to any other plan, Participants in the Employer's Plan shall be entitled to receive benefits immediately after the merger, consolidation, or transfer which are equal to or greater than the benefits they would have been entitled to receive immediately before the merger, consolidation, or transfer if the Plan had then terminated. (b) Any corporation into which the Trustee, Custodian or any successor thereto may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Trustee, Custodian or any successor thereto may be a party, or any corporation to which all or substantially all the business of the Trustee, Custodian or any successor thereto may be transferred, shall automatically be the successor without the filing of any instrument or performance of any further act, before any court.

Appears in 6 contracts

Samples: 401(k) Defined Contribution Plan (Measurement Specialties Inc), Nonstandardized Adoption Agreement (Banctrust Financial Group Inc), Defined Contribution Plan (Spheris Leasing LLC)

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Mergers and Consolidations. (a) In the case of any merger or consolidation of the Employer's ’s Plan with, or transfer of assets or liabilities of the Employer's ’s Plan to any other plan, Participants in the Employer's ’s Plan shall be entitled to receive benefits immediately after the merger, consolidation, or transfer which are equal to or greater than the benefits they would have been entitled to receive immediately before the merger, consolidation, or transfer if the Plan had then terminated. (b) Any corporation into which the Trustee, Custodian or any successor thereto may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Trustee, Custodian or any successor thereto may be a party, or any corporation to which all or substantially all the business of the Trustee, Custodian or any successor thereto may be transferred, shall automatically be the successor without the filing of any instrument or performance of any further act, before any court.

Appears in 5 contracts

Samples: Defined Contribution Plan (Chicopee Bancorp, Inc.), Defined Contribution Plan (Idt Corp), Defined Contribution Plan (Georgetown Bancorp, Inc.)

Mergers and Consolidations. (a) In the case of any merger or consolidation of the Employer's Plan with, or transfer of assets or liabilities of the Employer's Plan to to, any other plan, Participants in the Employer's Plan shall be entitled to receive benefits immediately after the merger, consolidation, or transfer which are equal to or greater than the benefits they would have been entitled to receive immediately before the merger, consolidation, or transfer if the Plan had then terminated. (b) Any In the event that the Trustee is an institution, that corporation into which the Trustee, Custodian Trustee or any successor thereto trustee may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Trustee, Custodian Trustee or any successor thereto trustee may be a party, or any corporation to which all or substantially all the trust business of the Trustee, Custodian Trustee or any successor thereto trustee may be transferred, shall automatically be the successor of such Trustee without the filing of any instrument or performance of any further act, before any court.

Appears in 5 contracts

Samples: Profit Sharing Plan (First Keystone Corp), Cash or Deferred Profit Sharing Plan (Port Financial Corp), 401(k) Plan Document (Berkshire Hills Bancorp Inc)

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Mergers and Consolidations. (a) In the case of any merger or consolidation of the Employer's Plan with, or transfer of assets or liabilities of the Employer's Plan to to, any other plan, Participants in the Employer's Plan shall be entitled to receive benefits immediately after the merger, consolidation, or transfer which are equal to or greater than the benefits they would have been entitled to receive immediately before the merger, consolidation, or transfer if the Plan had then terminated. (b) Any corporation into which the Trustee, Custodian Trustee or any successor thereto trustee may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Trustee, Custodian Trustee or any successor thereto trustee may be a party, or any corporation to which all or substantially all the trust business of the Trustee, Custodian Trustee or any successor thereto trustee may be transferred, shall automatically be the successor of such Trustee without the filing of any instrument or performance of any further act, before any court.

Appears in 2 contracts

Samples: Non Standardized Adoption Agreement (Princeton Review Inc), Adoption Agreement (Shared Technologies Cellular Inc)

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