Nonqualified Plans. Excess Cash Balance Pension Plan 13 Section 5.2 Excess Retirement Plan. 14 Section 5.3 Excess 401(k) Savings Plan 14 Section 5.4 Transferred Employees 15 Section 5.5 No Separation from Service 15
Nonqualified Plans. If the Officer participated in any nonqualified retirement and/or deferred compensation plan(s) of the Company immediately prior to the time of such termination, the Company shall not cause or allow the termination of, reduction of benefits under, or termination or impairment of any arrangement established to secure payment of benefits under, any such plan with respect to the Officer. Further, the Company or subsidiaries will provide the Officer with service credit for benefits under any nonqualified retirement or deferred compensation plan(s) of the Company, if the Officer participated in such plan(s) immediately prior to the time of such termination, equal to two additional years' service accruals upon such termination of the Officer's employment; and
Nonqualified Plans. Buyer shall assume all liabilities and obligations of Seller and its Affiliates with respect to each Transferred Employee under or in connection with the Seller Benefit Plans that are excess benefit plans or nonqualified defined benefit pension plans. Seller shall retain all liabilities and obligations with respect to the Transferred Employees under or in connection with any Seller Benefit Plan that is a nonqualified defined contribution benefit plan.
Nonqualified Plans. Notwithstanding the first two sentences of Section 2.03(b) of the Employee Matters Agreement, ILG shall amend its existing nonqualified deferred compensation plan (the “ILG Deferred Compensation Plan”) as of the Closing Date to provide for participation in the ILG Deferred Compensation Plan by Vistana Employees who were participants in the Starwood Deferred Compensation Plan immediately prior to the Closing Date on terms and conditions (other than with respect to investment options) that are substantially similar to what was provided to them under the Starwood Deferred Compensation Plan and pursuant to the remainder of Section 2.03 of the Employee Matters Agreement. Notwithstanding the foregoing, neither ILG nor Vistana shall be under any obligation to offer any employees the opportunity to make future deferral elections under the ILG Deferred Compensation Plan, and if any future deferral elections are offered under the ILG Deferred Compensation Plan, neither ILG nor Vistana shall be under any obligation to make deferral elections available under the same terms as applied under the Starwood Deferred Compensation Plan. References in the Employee Matters Agreement to the “Vistana Deferred Compensation Plan” shall be deemed to be references to the “ILG Deferred Compensation Plan,” as amended. References to the actions to be taken “prior to the Closing Date” in the first sentence of each of Sections 2.03(c)(A) and 2.03(c)(B) of the Employee Matters Agreement shall be deemed to mean “as of the Closing Date.”
Nonqualified Plans. (i) As of the day after the Closing Date, ------------------ Affected Employees shall be eligible to participate in Buyer's Stock Unit Retirement Plan and Deferred Compensation Plan in accordance with their terms and consistently with employees of Buyer in comparable employment positions.
(ii) After the Closing Date, but not later than March 15, 2002, Parent shall, on behalf of the Companies, credit an employer contribution under Parent's Deferred Compensation Plan for the 2001 plan year to the account of each Affected Employee who participated in such plan for the 2001 plan year, without regard to whether the Closing occurs on, prior to or after December 31, 2001. Such employer contribution shall be credited at the rate generally applicable to other participants who are eligible for employer contributions under Parent's Deferred Compensation Plan, and shall take into account elective deferral contributions of Affected Employees for 2001 prior to the Closing Date. On or prior to the Closing Date, Parent shall take all actions necessary to ensure that Affected Employees' accounts under Parent's Deferred Compensation Plan are fully vested as of the Closing Date. The Closing Date Balance Sheet shall not reflect any amounts accrued for amounts credited under Parent's Deferred Compensation Plan as provided herein.
Nonqualified Plans. Effective as of the Closing Date, the U.S. Purchaser shall assume sponsorship of and all rights, powers, duties, liabilities and obligations of MCI and its Affiliates under and with respect to each of the Reliance Comm/Tec Corporation Supplemental Retirement Plan for Key Employees and the Reliance Comm/Tec Corporation Special Retirement Program for Elected Officers (collectively, the “Supplemental Plans”). The aggregate amount of such assumed liabilities and obligations under the Supplemental Plans have been valued using reasonable actuarial assumptions consistent with U.S. GAAP and the FAS 87 assumptions set forth in the March 31, 2004 footnote disclosure previously provided to the U.S. Purchaser. For periods after the Closing Date, none of MCI or any of its Affiliates shall have any liability under or with respect to either of the Supplemental Plans. Nothing in this Section 11.16 shall relieve MCI or any of its affiliates for breaches of Section 4.17. The Sellers have provided the Purchasers with a copy of the most recent actuarial report for the Supplemental Plans.
Nonqualified Plans. Excess Cash Balance Pension Plan 14 Section 5.2 Transfer of Assets and Liabilities 15 Section 5.3 Excess Savings Plan 15 Section 5.4 Transferred Employees 16
Nonqualified Plans. The Pluto Group shall retain, and no member of the Spinco Group shall assume or retain sponsorship of, or any Assets or Liabilities with respect to, the Pluto Nonqualified Plans.
Nonqualified Plans. Effective as of the Closing Date, Buyer shall cause ASFC to continue to maintain the ASFC Executives' Excess Compensation Pension Benefit Plan (or Benefit Plans of Buyer or ASFC that either are substantially equivalent or are at least as favorable in the aggregate to the ASFC Executives) and the ASFC Employees' Supplemental Pension Benefit Plan until at least the last day of the month that is 12 months after the month in which the Closing Date falls (the "Benefits Continuation Date"). Buyer shall cause ASFC to continue to be responsible for any liabilities to Transferred Employees, and any former employees of ASFC or any of ASFC's Subsidiaries, under the LNC Executive Deferred Compensation Plan for Employees as of the Closing Date and shall either (i) provide for the payment of such liabilities under a deferred compensation plan maintained by Buyer for Buyer's employees or (ii) cause ASFC to establish a deferred compensation plan on terms substantially similar to a plan maintained by Buyer for Buyer's employees or the LNC Executive Deferred Compensation Plan for Employees and continue to maintain such plan until at least the Benefits Continuation Date.
Nonqualified Plans. Obligations with respect to the Applicable Employees who participate in the following nonqualified plans shall remain with the Seller: (A) the American Water Works Company, Inc. and its Designated Subsidiaries Nonqualified Employee Stock Purchase Plan, (B) the American Water Works Company, Inc. Executive Retirement Plan, (C) the American Water Works Company, Inc. 2007 Omnibus Equity Compensation Plan, (D) the Annual Incentive Plan, and (E) the Nonqualified Savings and Deferred Compensation Plan for Employees of American Water Works Company, Inc. and its Designated Subsidiaries (collectively the “Nonqualified Plans”). Benefits under the Nonqualified Plans shall be determined in accordance with the terms of the Plans and, to the extent applicable, under the terms of any stock option grant, restricted stock unit grant, performance stock unit grant or other equity award or deferral agreement made to or with such employee prior to the Closing Date.
