Common use of No Expansion of Participation Clause in Contracts

No Expansion of Participation. Unless otherwise expressly provided in this Agreement, determined or agreed to by Parent and UpstreamCo, required by applicable Law, or explicitly set forth in an UpstreamCo Benefit Plan, an UpstreamCo Group Employee or a Former UpstreamCo Group Employee shall be entitled to participate in the UpstreamCo Benefit Plans at the Operational Separation Date only to the extent that such UpstreamCo Group Employee or a Former UpstreamCo Group Employee was entitled to participate in the corresponding Parent Benefit Plan as in effect immediately prior to the Operational Separation Date (to the extent that such UpstreamCo Group Employee or a Former UpstreamCo Group Employee does not participate in the respective UpstreamCo Benefit Plan immediately prior to the Operational Separation Date), it being understood that this Agreement does not expand (i) the number of UpstreamCo Group Employees or Former UpstreamCo Group Employees entitled to participate in any UpstreamCo Benefit Plan, or (ii) the participation rights of UpstreamCo Group Employees or Former UpstreamCo Group Employees in any UpstreamCo Benefit Plans beyond the rights of such UpstreamCo Group Employees or Former UpstreamCo Group Employees under the corresponding Parent Benefit Plans, in each case, after the Operational Separation Date.

No Expansion of Participation. Unless otherwise expressly provided in this Agreement, determined or agreed to by Parent and UpstreamCoSpinco, required by applicable Law, or explicitly set forth in an UpstreamCo a Spinco Benefit Plan, an UpstreamCo a Spinco Group Employee or a Former UpstreamCo Spinco Group Employee shall be entitled to participate in the UpstreamCo Spinco Benefit Plans at the Operational Separation Date only to the extent that such UpstreamCo Spinco Group Employee or a Former UpstreamCo Spinco Group Employee was entitled to participate in the corresponding Parent Benefit Plan as in effect immediately prior to the Operational Separation Date (to the extent that such UpstreamCo Spinco Group Employee or a Former UpstreamCo Spinco Group Employee does not participate in the respective UpstreamCo Spinco Benefit Plan immediately prior to the Operational Separation Date), it being understood that this Agreement does not expand (i) the number of UpstreamCo Spinco Group Employees or Former UpstreamCo Spinco Group Employees entitled to participate in any UpstreamCo Spinco Benefit Plan, or (ii) the participation rights of UpstreamCo Spinco Group Employees or Former UpstreamCo Spinco Group Employees in any UpstreamCo Spinco Benefit Plans beyond the rights of such UpstreamCo Spinco Group Employees or Former UpstreamCo Spinco Group Employees under the corresponding Parent Benefit Plans, in each case, after the Operational Separation Date.