Common use of PLAN MERGER OR TRANSFER OF ASSETS Clause in Contracts

PLAN MERGER OR TRANSFER OF ASSETS. 12.10.1 The merger or consolidation of the Employer with any other person, or the transfer of the assets of the Employer to any other person, or the merger of the Plan with any other plan shall not constitute a termination of the Plan if provision is made for the continuation of the Plan. 12.10.2 The Plan may not merge or consolidate with, or transfer any assets or liabilities to, any other plan, unless each Participant would (if the Plan had then terminated) receive a benefit immediately after the merger, consolidation or transfer which is equal to or greater than the benefit he or she would have been entitled to receive immediately before the merger, consolidation or transfer (if the Plan had then terminated). Any merger or consolidation shall not constitute a termination of a Plan or require the acceleration of vesting of Participants' Account Balances.

Appears in 7 contracts

Samples: Prototype Defined Contribution Plan Adoption Agreement (Tca Cable Tv Inc), 401(k) Plan Adoption Agreement (Gadzooks Inc), Prototype Defined Contribution Plan Adoption Agreement (MSC Industrial Direct Co Inc)

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PLAN MERGER OR TRANSFER OF ASSETS. 12.10.1 The merger or consolidation of the Employer with any other person, or the transfer of the assets of the Employer to any other person, or the merger of the Plan with any other plan shall not constitute a termination of the Plan if provision is made for the continuation of the Plan. 12.10.2 The Plan may not merge or consolidate with, or transfer any assets or liabilities to, any other plan, unless each Participant would (if the Plan had then terminated) receive a benefit immediately after the merger, consolidation or transfer which is equal to or greater than the benefit he or she would have been entitled to receive immediately before the merger, consolidation or transfer (if the Plan had then terminated). Any merger or consolidation shall not constitute a termination determination of a Plan or require the acceleration of vesting of Participants' Account Balances.

Appears in 1 contract

Samples: Prototype Defined Contribution Plan Adoption Agreement (Labor Ready Inc)

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PLAN MERGER OR TRANSFER OF ASSETS. 12.10.1 The merger or consolidation of the Employer with any other person, or the transfer of the assets of the Employer to any other person, or the merger of the Plan with any other plan shall not constitute a termination of the Plan if provision is made for the continuation of the Plan. 12.10.2 The Plan may not merge or consolidate with, or transfer any assets or liabilities to, any other plan, unless each Participant would (if the Plan had then terminated) receive a benefit immediately after the merger, consolidation or transfer which is equal to or greater than the benefit he or she would have been entitled to receive immediately before the merger, consolidation or transfer (if the Plan had then terminated). Any merger or consolidation shall not constitute a termination of a Plan or require the acceleration of vesting of Participants' Participant's Account Balances.

Appears in 1 contract

Samples: Defined Contribution Plan (White Mountains Insurance Group Inc)

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