Plan Documentation. The Optionee acknowledges receipt of a copy of the Plan, a copy of which is annexed hereto, and represents that the Optionee is familiar with the terms and provisions thereof, and hereby accepts this Option subject to all of the terms and provisions set forth in this Agreement. The Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Board upon any questions arising under the Plan.
Plan Documentation. Correct and complete copies of the following documents with respect to each Company Benefit Plan have been delivered or made available by the Company to Parent, to the extent applicable: (i) all Company Benefit Plan documents, together with all amendments and attachments thereto (including, in the case of any material Company Benefit Plan not set forth in writing, a written description thereof); (ii) all trust documents, declarations of trust and other documents establishing other funding arrangements, and all amendments thereto and the latest financial statements thereof; (iii) the annual report on IRS Form 5500 for the past year and all schedules thereto; (iv) the most recent IRS determination letter or opinion letter; (v) all summary plan descriptions and summaries of material modifications; and (vi) the most recent actuarial valuation report.
Plan Documentation. The Board shall be responsible for creating, adopting and/or executing any documents necessary to set forth the Plan’s governing terms, and shall be responsible for communicating the terms of the Plan to the Eligible Retiree Members and Eligible Dependents in accordance with applicable law.
Plan Documentation. Sellers have furnished to Buyer correct and complete copies of the plan documents and summary plan descriptions, the most recent determination letter received from the Internal Revenue Service, the most recent Form 5500 Annual Report, and all related trust agreements, insurance contracts, and other funding agreements which implement each such employee benefit plan.
Plan Documentation. Plan Sponsor shall establish the Plan(s) and Trust(s), all Plan and Trust documentation, including, but not limited to, Plan Documents, Trust Documents, Summary Plan Descriptions, Plan and Trust amendments, Summary of Material Modifications and the application for tax-exempt status, including IRS Form 1024, Application for Recognition of Exemption Under Section 501(a), for the Trust(s).
Plan Documentation. With respect to each Company Plan, the Company has made available to Buyer true, accurate and complete copies of: (i) the current plan documents and all amendments thereto; (ii) a written description of any Company Plan that is not in writing; (iii) trust agreements, insurance and group annuity contracts, and other funding vehicles; (iv) any award certificates or agreements issued under the Company Plan; (v) the current summary plan descriptions and summary of material modifications or other plan descriptions; (vi) the most recent determination or opinion letter from the IRS; (vii) the charter or by-laws for any fiduciary committee of the Company Plan; (viii) the investment policy statement; (ix) the most recent annual notices provided to employees (including without limitation the participant fee disclosure issued to comply with the regulations under ERISA Section 404, automatic enrollment notices, qualified default investment fund notices, and safe harbor 401(k) plan notices, and Women’s Health and Cancer Rights notice); (x) the HIPAA privacy and security policies and procedures; (xi) the most recent annual filings made with the IRS (other than Form 5500); and (xii) any other Company Plan-related document requested in writing by Buyer.
Plan Documentation. The transactions contemplated by the Plan Documentation shall have been consummated substantially contemporaneously with the effectiveness and initial funding of the Loans on the Closing Date.
Plan Documentation. The Administrative Agent shall have received a substantially final draft of the Plan Documents, the terms and conditions affecting or pertaining to the Administrative Agent or the Lenders of which shall be reasonably acceptable to the Administrative Agent and the Lenders (it being acknowledged that the form of Reorganization Plan attached as Exhibit C to the Commitment Letter, with the additions and notations set forth to such Reorganization Plan, is acceptable to the Administrative Agent and the Lenders).
Plan Documentation. The plan shall provide documentation that attempts were made to resolve the reason for the transfer request through contact with the client or his/her legal representative, the PCP, or other appropriate sources. The plan shall document that accommodating the needs of the client would create an undue burden on the PCP/plan. Such documentation shall include, but is not limited to, the following:
(a) The plan does not have any PCPs in its network with special qualifications, as demonstrated by objective credentialling standards and standards for the care and management, to treat a particular condition;
(b) The plan has made reasonable efforts to locate another PCP within its network;
(c) The PCP has demonstrated that s/he does not have the requisite skills and training to furnish the care and that s/he has made reasonable efforts to attempt to enlist additional consultation; and
(d) The PCP is unable, based on objective evidence, to establish a relationship with a client.
Plan Documentation. Employer shall provide Plan Supervisor with an executed copy of the Trust Instrument, if applicable, and properly adopted Plan Document and Summary Plan Description.
