Common use of Participation; Distributions Clause in Contracts

Participation; Distributions. The Parties acknowledge that none of the transactions contemplated by this Agreement, the Separation and Distribution Agreement or any Ancillary Agreement will trigger a payment or distribution of compensation under any of the Parent Divided Nonqualified Plans or UpstreamCo Nonqualified Plans for any participant and, consequently, that the payment or distribution of any compensation to which such participant is entitled under any of the Parent Divided Nonqualified Plans or UpstreamCo Nonqualified Plans will occur upon such participant’s separation from service from the UpstreamCo Group or at such other time as provided in the applicable UpstreamCo Nonqualified Plan or participant’s deferral election.

Participation; Distributions. The Parties acknowledge that none of the transactions contemplated by this Agreement, the Separation and Distribution Agreement or any Ancillary Agreement will trigger a payment or distribution of compensation under any of the Parent Divided Nonqualified Plans or UpstreamCo CoalCo Nonqualified Plans for any participant and, consequently, that the payment or distribution of any compensation to which such participant is entitled under any of the Parent Divided Nonqualified Plans or UpstreamCo CoalCo Nonqualified Plans will occur upon such participant’s separation from service from the UpstreamCo CoalCo Group or at such other time as provided in the applicable UpstreamCo CoalCo Nonqualified Plan or participant’s deferral electionelection (if any).