Common use of PLAN MERGER OR CONSOLIDATION Clause in Contracts

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.

Appears in 10 contracts

Samples: Basic Plan Document (Tri Continental Corp), 401(k) Savings Plan (Alaska Pacific Bancshares Inc), Adoption Agreement (Bradford Funds Inc)

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PLAN MERGER OR CONSOLIDATION. In the case of any merger or consolidation of the Plan with, or transfer of assets asset 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(a401 (a) of the Code.

Appears in 2 contracts

Samples: Basic Plan Document (Nabi /De/), Basic Plan Document (Nabi /De/)

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, if applicable) 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.

Appears in 2 contracts

Samples: Qualified Retirement Plan and Trust (Bradford Funds Inc), Tax Sheltered Custodial Account Agreement (New England Funds Trust I)

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(a401 (a) of the Code.

Appears in 2 contracts

Samples: Prototype Defined Contribution Plan and Trust/Custodial Account (Connecticut Water Service Inc / Ct), Comprehensive Nonstandardized Safe Harbor 401(k) Profit Sharing Plan Adoption Agreement (Cornell Corrections Inc)

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 they would have been entitled to receive immediately before the merger, consolidation, or transfer (if the Plan had then terminated). The Trustee (or Custodian, if applicable) has the authority to enter into merger agreements or agreements to directly transfer the assets of this Plan Plan, but only if such agreements are made with trustees or custodians of other retirement plans described in Code Section 401(a) of the Codeor such other plans permitted by laws or regulations.

Appears in 1 contract

Samples: Comprehensive 401(k) Profit Sharing Plan Nonstandardized Adoption Agreement (Kimball Electronics, Inc.)

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, 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.

Appears in 1 contract

Samples: 401(k) Profit Sharing Plan Adoption Agreement (Antigenics Inc /De/)

PLAN MERGER OR CONSOLIDATION. In the case of any If there is a merger or consolidation of the Plan with, or transfer of assets or liabilities of such the Plan to, any other plan, each Participant shall must be entitled to receive benefits from the resulting plan immediately after the merger, consolidation, or transfer (as if the Plan resulting plan had then terminated) which are equal to or greater than the benefits he or she would have been entitled to receive under this Plan immediately before the merger, consolidation, or transfer (if the this Plan had then terminated). The Trustee (or Custodian) has the authority to enter into merger agreements or agreements to transfer directly transfer the assets of this Plan but only if such those agreements are in accordance with the terms and provisions of this Plan and made with trustees or custodians of other retirement plans described in Section 401(a) of the Code.

Appears in 1 contract

Samples: Plan Document and Trust Agreement (Stonepath Group Inc)

PLAN MERGER OR CONSOLIDATION. In the case of any merger or consolidation of the Plan with, or transfer traisfer 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.

Appears in 1 contract

Samples: Basic Plan Document (Weststar Financial Services Corp)

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PLAN MERGER OR CONSOLIDATION. In the case of any If there is a merger or consolidation of the Plan with, or transfer of assets or liabilities of such the Plan to, any other plan, each Participant shall must be entitled to receive benefits immediately after the merger, consolidation, or transfer (as 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 transfer directly transfer the assets of this Plan but only if such those agreements are in accordance with the terms and provisions of this Plan and made with trustees or custodians of other retirement plans described in Section 401(a) of the Code.

Appears in 1 contract

Samples: 401(k) Profit Sharing Adoption Agreement (Kevco Inc)

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 benefit 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.

Appears in 1 contract

Samples: Qualified Retirement Plan and Trust (Bradford Funds Inc)

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.

Appears in 1 contract

Samples: Defined Contribution Plan Document (Janus Investment Fund)

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, if applicable) 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(a401 (a) of the CodeCode or such other plans permitted by laws or regulations.

Appears in 1 contract

Samples: Retirement Plan Document (Merchants & Manufacturers Bancorporation Inc)

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