Participation and Service Credit. (i) Except as otherwise expressly provided in this Agreement, effective as of the Transition Date, Buyer or a Division Entity, as applicable, shall give Transferred Employees service credit for purposes of eligibility and vesting under any Applicable Buyer Plan to the extent such service was recognized under the corresponding Benefit Plan of Seller.
(ii) Any Applicable Buyer Plan providing health benefits shall provide that each Transferred Employee who, on the Transition Date, is participating under a Welfare Plan of Seller providing health benefits, shall be immediately eligible to participate in and receive coverage under the Applicable Buyer Plan as of the Transition Date. Buyer shall waive any restrictions on coverage for pre-existing conditions or requirements for evidence of insurability under the Applicable Buyer Plan for Transferred Employees to the extent such restrictions have been or would have been satisfied under Seller Welfare Plans. Transferred Employees shall receive credit under each Applicable Buyer Plan for co-payments and payments under a deductible limit made by them and for out-of-pocket maximums and similar limits applicable to them during the plan year of Seller Welfare Plan in which the Transition Date occurs in accordance with the corresponding Seller Welfare Plan.
Participation and Service Credit. (i) On and after the Closing Date, Buyer and the Transferred Business Companies shall give Transferred Employees service credit for purposes of eligibility, vesting, determination of the level of benefits and benefit accrual under any Applicable Buyer Plan, except to the extent that such recognition would result in a duplication of benefits, for service prior to the Closing Date, to the extent such service was recognized under the corresponding employee benefit plans of the Transferred Business Company immediately prior to the Closing Date.
(ii) Buyer shall cause any pre-existing conditions, restrictions or waiting periods under Applicable Buyer Plans to be waived to the extent necessary to provide immediate coverage to each Transferred Employee who was an eligible participant in the comparable Transferred Business Plan as of the Closing Date. Any Applicable Buyer Plan which is a medical plan shall apply any amounts paid under the medical plan of the applicable Transferred Business Company by a Transferred Employee as deductibles and co-payments during the year in which the Closing Date falls toward deductible and out-of-pocket limits of the Applicable Buyer Plan which is a medical plan for the plan year in which the Closing Date occurs.
Participation and Service Credit. (i) Effective as of the Closing, Buyer or a Division Entity, as applicable, shall give Transferred Employees service credit for purposes of eligibility and vesting under any Applicable Buyer Plan (other than any equity based plan) to the extent such service was recognized under the corresponding Benefit Plan of Seller immediately prior to the Closing.
(ii) Any Applicable Buyer Plan providing health benefits shall in the plan year in which the Closing Date occurs provide that each Transferred Employee shall be immediately eligible to participate in and receive coverage under the Applicable Buyer Plan as of the Closing if such Transferred Employee was eligible to participate in the corresponding Benefit Plan of Seller immediately prior to the Closing. In the plan year in which the Closing Date occurs, Buyer shall waive any restrictions on coverage for pre-existing conditions or requirements for evidence of insurability under the Applicable Buyer Plan for Transferred Employees to the extent such restrictions have been or would have been satisfied under Seller Welfare Plans as of the Closing Date. In the plan year in which the Closing Date occurs, Transferred Employees shall receive credit under each Applicable Buyer Plan for co-payments and payments under a deductible limit made by them and for out-of-pocket maximums and similar limits applicable to them during the plan year of Seller Welfare Plan in which the Closing Date occurs in accordance with the corresponding Seller Welfare Plan.
Participation and Service Credit. (i) Except as otherwise expressly provided in this Agreement, effective as of the Closing, Buyer or a Division Entity, as applicable, shall give Transferred Employees service credit for purposes of eligibility and vesting under any Applicable Buyer Plan to the extent such service was recognized under the corresponding Benefit Plan of Seller.
(ii) Any Applicable Buyer Plan providing health benefits shall provide that each Transferred Employee shall be immediately eligible to participate in and receive coverage under the Applicable Buyer Plan as of the Closing. Buyer shall use commercially reasonable efforts to waive any restrictions on coverage for pre-existing conditions or requirements for evidence of insurability under the Applicable Buyer Plan for Transferred Employees to the extent such restrictions have been or would have been satisfied under Seller Welfare Plans. Buyer shall use commercially reasonable efforts to provide Transferred Employees credit under each Applicable Buyer Plan for co-payments and payments under a deductible limit made by them and for out-of-pocket maximums and similar limits applicable to them during the plan year of Seller Welfare Plan in which the Closing Date occurs in accordance with the corresponding Seller Welfare Plan.
Participation and Service Credit. (i) On and after the applicable Transfer Date, Du Pont and Protein Subsidiaries shall give Protein Em-ploy-ees service credit for pur-pos-es of eligi-bili-ty, vest-ing, deter-mi-na-tion of the level of benefits and benefit accru-al under any Appli-ca-ble Du Pont Plan, for service with any Protein Sub-sidiary prior to the appli-ca-ble Transfer Date, to the extent such ser-vice was recog-nized under the corre-spond-ing employee benefit plans of Xxxxxxx, any Xxxxxxx Subsidiary or Protein Subsidiary.
(ii) Du Pont shall cause any pre-existing condi-tion restric-tions or wait-ing periods under Appli-ca-ble Du Pont Plans to be waived to the extent neces-sary to pro-vide immedi-ate cover-age to each Protein Employ-ee as of the appli-ca-ble Transfer Date. Du Pont's medi-cal plan will apply any amounts paid under Xxxxxxx'x medical plan by a Protein Em-ployee or deduct-ibles and copayments during the year in which such Transfer Date falls toward deduct-ible, out-of-pocket limits and the orthodontia bene-fits of Du Pont's medi-cal plan for the plan year in which the Initial Comple-tion Date occurs, unless the cover-age option selected by the Protein Em-ployee does not have deductibles or out-of-pocket or similar lim-its.
(iii) An Applicable Du Pont Plan which pro-vides health and depen-dent care reimbursement accounts estab-lished under Code section 125 ("Du Pont's --------- Xxxx-bursement Plan") will credit the account of each Trans-ferred Em-ployee ------------------ cur-rently participating in Xxxxxxx'x comparable xxxx-xxxxx-ment plan ("Xxxxxxx'x Reimbursement Plan") with an amount equal to the aggregate pre-tax ---------------------- contribu-tions made to such Trans-ferred Employee's account in Xxxxxxx'x Reimbursement Plan during the 1997 calendar year through the applicable Transfer Date, reduced by any reimbursements during such period to the Trans-ferred Employee by Xxxxxxx'x Xxxx-bursement Plan. Such resulting account shall be applied to any health bene-fit and dependent care claims incurred by the Trans-ferred Employee, or his or her covered depen-dents, through December 31, 1997 in accor-dance with the terms of the Du Pont Reimbursement Plan.
Participation and Service Credit. (i) Except as otherwise expressly provided in this Agreement, effective on the Closing Date, Buyer and the Transferred Business Companies shall give Continuing Business Employees service credit for purposes of eligibility and vesting under any Applicable Buyer Plan to the extent such service was recognized under the corresponding Benefit Plan of Seller for the plan or benefit year which includes the Closing Date.
(ii) Any Applicable Buyer Plan providing health benefits shall provide that each Continuing Business Employee shall be immediately eligible to participate in and receive coverage under the Applicable Buyer Plan immediately after the Closing Date. Seller shall submit, to the extent allowable by law, to Buyer within 30 days after the Closing Date a list of each of the Continuing Business Employees' copayment amounts, deductibles and out-of-pocket maximums and indicating whether or not each has satisfied any pre-existing condition limitation periods or evidence of insurability requirements under the Seller Welfare Plans in order for Buyer to waive any restrictions on coverage for pre-existing conditions or requirements for evidence of insurability under the Applicable Buyer Plan for Continuing Business Employees to the extent such restrictions have been or would have been satisfied under the Seller Welfare Plans. Continuing Business Employees shall receive credit, based on the information provided by Seller, under each Applicable Buyer Plan for co-payments and payments under a deductible limit made by them and for out-of-pocket maximums and similar limits applicable to them during the plan year of the Seller Welfare Plan in which the Closing Date occurs in accordance with the corresponding Seller Welfare Plan. If Seller does not provided the list, Buyer is only obligated under this section to provide immediate coverage and eligibility under the Applicable Buyer Plan to Continuing Business Employees.
Participation and Service Credit. (i) On and after the Closing Date, Buyer, the DTI Companies and their Affiliates shall give DTI Transferred Employees service credit for purposes of eligibility, vesting and determination of the level of benefits and benefit accrual under any Applicable Buyer Plan, except to the extent that such recognition would result in a duplication of benefits for service with DuPont or any of its Affiliates prior to the Closing Date to the extent such service was 158 recognized under a comparable DTI Benefit Plan immediately prior to the Closing Date.
(ii) Buyer shall cause any preexisting condition restrictions, other restrictions or waiting periods under Applicable Buyer Plans to be waived to the extent necessary to provide immediate coverage to each DTI Transferred Employee who was covered as of the Closing Date under DTI Benefit Plans that provide medical or dental benefits. Buyer shall cause any Applicable Buyer Plan which is a welfare benefit plan to apply any amounts paid under a welfare benefit plan of DuPont or any of its Affiliates by a DTI Transferred Employee as deductibles and coinsurance during the plan year in which the Closing Date occurs toward deductible, coinsurance and out-of-pocket limits under such Applicable Buyer Plan for the plan year in which the Closing Date occurs (with appropriate adjustments for differences in plan years), but only to the extent that DuPont provides Buyer with appropriate evidence of the proper incurrence of such deductible, coinsurance and out-of-pocket expenses, incurred under a DTI Benefit Plan within the three (3) month period following the Closing Date. Such evidence shall be in the form of electronic files submitted within ten (10) business days of the Closing Date and monthly thereafter for the remainder of such three (3) month period.
