PLAN MERGER OR CONSOLIDATION Sample Clauses

PLAN MERGER OR CONSOLIDATION. In the case of any merger or consolidation of the Plan with, or transfer of assets or liabilities of such Plan to, any other plan, each Participant shall be entitled to receive benefits immediately after the merger, consolidation, or transfer (if the Plan had then terminated) which are equal to or greater than the benefits he or she would have been entitled to receive immediately before the merger, consolidation, or transfer (if the Plan had then terminated). The Trustee (or Custodian) has the authority to enter into merger agreements or agreements to directly transfer the assets of this Plan but only if such agreements are made with trustees or custodians of other retirement plans described in Section 401(a) of the Code.
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PLAN MERGER OR CONSOLIDATION. 47 10.05 Standard Of Fiduciary Conduct...................................................47 10.06 General Undertaking Of All Parties..............................................47 10.07 Agreement Binds Heirs, Etc......................................................47 10.08 Determination Of Top-Heavy Status...............................................47 10.09 Special Limitations For Owner-Employees.........................................49 10.10
PLAN MERGER OR CONSOLIDATION. (a) If a Plan Sponsor wishes to merge the value of its Participant's Accounts with or into another Code §401(k) plan and remove them from this Plan, the Plan Sponsor must first terminate its participation under this Plan in accordance with Section 11.2. Upon the Plan Sponsor's compliance with the provisions of Section 11.2, the assets held under this Plan allocable to such Participants will be transferred to such other fund only if:
PLAN MERGER OR CONSOLIDATION. 57 10.05 STANDARD OF FIDUCIARY CONDUCT................................57 10.06 GENERAL UNDERTAKING OF ALL PARTIES...........................58 10.07 AGREEMENT BINDS HEIRS, ETC...................................58 10.08 DETERMINATION OF TOP-HEAVY STATUS............................58 10.09 SPECIAL LIMITATIONS FOR OWNER-EMPLOYEES......................60 10.10
PLAN MERGER OR CONSOLIDATION. 40 10.05 STANDARD OF FIDUCIARY CONDUCT....................................................40 10.06 GENERAL UNDERTAKING OF ALL PARTIES...............................................40 10.07 AGREEMENT BINDS HEIRS, ETC.......................................................40 10.08 DETERMINATION OF TOP-HEAVY STATUS................................................40 10.09 SPECIAL LIMITATIONS FOR OWNER-EMPLOYEES..........................................42 10.10 INALIENABILITY OF BENEFITS.......................................................42 10.11 CANNOT ELIMINATE PROTECTED BENEFITS..............................................42 SECTION ELEVEN 401(K) PROVISIONS.............................................................43 11.
PLAN MERGER OR CONSOLIDATION. In the event of a merger or consolidation with, or transfer of assets or liabilities to any other plan, each Participant will be entitled to receive a benefit immediately after such merger, etc. (determined as if the plan then terminated) which is at least equal to the benefit the Participant was entitled to receive immediately before such merger, etc. (determined as if the Plan had then terminated).

Related to PLAN MERGER OR CONSOLIDATION

  • Merger or Consolidation Section 8.11

  • Procedure for Merger or Consolidation Merger or consolidation of the Partnership pursuant to this Article XIV requires the prior approval of the General Partner. If the General Partner shall determine, in the exercise of its discretion, to consent to the merger or consolidation, the General Partner shall approve the Merger Agreement, which shall set forth:

  • Merger or Consolidation of Trustee Any corporation into which the Trustee may be merged or converted or with which it may be consolidated or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the business of the Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under the provisions of Section 8.06 hereof without the execution or filing of any paper or further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding.

  • Effect of Merger or Consolidation (a) At the effective time of the certificate of merger:

  • Merger or Consolidation of the Trustee Any corporation into which the Trustee may be merged or converted or with which it may be consolidated or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the business of the Trustee, shall be the successor of the Trustee hereunder; provided, that such corporation shall be eligible under Section 8.06 without the execution or filing of any paper or further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding.

  • Merger or Consolidation of the Company The Company shall keep in full effect its existence, rights and franchises as a corporation, and shall obtain and preserve its qualification to do business as a foreign corporation in each jurisdiction in which such qualification is or shall be necessary to protect the validity and enforceability of this Agreement or any of the Mortgage Loans and to perform its duties under this Agreement. Any person into which the Company may be merged or consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Company shall be a party, or any Person succeeding to the business of the Company, shall be the successor of the Company hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding, provided, however, that the successor or surviving Person shall be an institution (i) having a net worth of not less than $25,000,000, (ii) whose deposits are insured by the FDIC through the BIF or the SAIF, and (iii) which is a Xxxxxx Xxx and Xxxxxxx Mac-approved company in good standing.

  • Limitation on Consolidation, Merger, Sale or Conveyance (i) The Guarantor will not, in one or a series of transactions, consolidate or amalgamate with or merge into any corporation or convey, lease, spin-off or transfer substantially all of its properties, assets or revenues to any person or entity (other than a direct or indirect Subsidiary of the Guarantor) or permit any person or entity (other than a direct or indirect Subsidiary of the Guarantor) to merge with or into it, unless:

  • Merger or Consolidation of Custodian Any Person into which the Custodian may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Custodian shall be a party, or any Person succeeding to the business of the Custodian, shall be the successor of the Custodian hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding.

  • Merger or Consolidation of the Seller The Seller will keep in full effect its existence, rights and franchises as a corporation under the laws of the state of its incorporation except as permitted herein, and will obtain and preserve its qualification to do business as a foreign corporation in each jurisdiction in which such qualification is or shall be necessary to protect the validity and enforceability of this Agreement, or any of the Mortgage Loans and to perform its duties under this Agreement. Any Person into which the Seller may be merged or consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Seller shall be a party, or any Person succeeding to the business of the Seller, shall be the successor of the Seller hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; provided, however, that the successor or surviving Person shall have a net worth of at least $25,000,000.

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