Plan Qualification. The Sponsor shall be responsible for verifying that while any assets of a particular Plan are held in the Trust, the Plan (i) is qualified within the meaning of section 401(a) of the Code; (ii) is permitted by existing or future rulings of the United States Treasury Department to pool its funds in a group trust; and (iii) permits its assets to be commingled for investment purposes with the assets of other such plans by investing such assets in this Trust. If any Plan ceases to be qualified within the meaning of section 401(a) of the Code, the Sponsor shall notify the Trustee as promptly as is reasonable. Upon receipt of such notice, the Trustee shall promptly segregate and withdraw from the Trust, the assets which are allocable to such disqualified Plan, and shall dispose of such assets in the manner directed by the Sponsor.
Plan Qualification. The Plan is intended to be qualified under section 401(a) of the Code and the Trust established hereunder is intended to be tax-exempt under section 501(a) of the Code. The Sponsor represents that to the extent Participants are able to instruct the investment of their account, the Plan is intended to constitute a plan described in section 404(c) of ERISA and Title 29 of the Code of Federal Regulations Section 2550.404c-1. A confirmation of the Plan’s current qualified status is attached hereto as Schedule “D,” and the Sponsor shall provide proof of the Plan’s continued qualification upon request by the Trustee. The Sponsor has the sole responsibility for ensuring the Plan’s qualified status and full compliance with the applicable requirements of ERISA. The Sponsor hereby certifies that it has furnished to the Trustee a complete copy of the Plan and all amendments thereto in effect as of the date of this Agreement.
Plan Qualification. The Company shall be responsible for verifying that while any assets of a particular Plans are held in the Master Trust, the Plans (i) is qualified within the meaning of section 401(a) of the Code; (ii) is permitted by existing or future rulings of the United States Treasury Department to pool its funds in a group trust; and (iii) permits its assets to be commingled for investment purposes with the assets of other such plans by investing such assets in this Master Trust. If any Plan ceases to be qualified within the meaning of section 401(a) of the Code, the Company shall notify the Master Trustee as promptly as is reasonable. Upon receipt of such notice, the Master Trustee shall promptly segregate and withdraw from the Master Trust, the assets which are allocable to such disqualified Plans, and shall dispose of such assets in the manner directed by the Company.
Plan Qualification. Any plan of the Borrower or an ERISA Affiliate that is intended to have qualification under section 401(a) of the Code loses such qualification, if the loss of such qualification can reasonably be expected to impose on the Borrower or any ERISA Affiliate liabilities (for additional taxes, to plan participants or otherwise) in the aggregate amount of one million dollars ($1,000,000) or more.
Plan Qualification. The Company shall use its best efforts to cause the Plan and the Purchaser at all times to be operated and administered so as to be in compliance with the qualification and tax exemption requirements under Sections 401(a) and 501(a) of the Code, respectively, and to cause the Plan to qualify as an "employee stock ownership plan," within the meaning of 4975(e)(7) of the Code, and to be operated and administered in substantial compliance with all applicable requirements of ERISA and the Code. The Company shall amend the ESOP and the Trust Agreement in a timely manner as required in order to ensure that such qualification is maintained from and after the effective date of the ESOP and, following any such amendment of a material nature, to submit the ESOP and the Trust Agreement to the IRS for a Determination. The Company shall promptly provide the Trustee with copies of any amendments to the ESOP or the Purchaser and, upon request of the Trustee, with copies of any application for a Determination.
Plan Qualification. The Plan is intended to be qualified under section 401(a) of the Code and the Trust established hereunder is intended to be tax-exempt under section 501(a) of the Code. A confirmation of the Plan’s current qualified status is attached hereto as Schedule “F,” and the Sponsor shall provide a copy of any determination letter regarding the Plan’s qualification upon request by the Trustee. The Sponsor has the sole responsibility for ensuring the Plan’s qualified status and full compliance with the applicable requirements of ERISA. The Sponsor hereby certifies that it has furnished to the Trustee a complete copy of the Plan and all amendments thereto in effect as of the date of this Agreement.
Plan Qualification. The Employer shall furnish the Trustee with copies of all determination letters from the Internal Revenue Service relating to the qualification of the Plan under section 401 of the Code, and the Trustee may rely upon such letters.
Plan Qualification. Each Company Benefit Plan that is intended to be qualified under Section 401(a) of the Code is covered by a favorable determination or opinion letter from the IRS that it is so qualified and, to the Knowledge of the Company, no circumstances exist that could reasonably be expected to adversely affect the qualified status of any such Company Benefit Plan.
Plan Qualification. A "Qualified Plan" is a plan or agreement that meets the requirements for qualification under Section 401(a) of the Code. The Employer or Employer Plan Trustee is to provide evidence satisfactory to Equitable that the Employer Plan is a Qualified Plan and, if at any time the Employer Plan is no longer a Qualified Plan, the Employer or Employer Plan Trustee is to give Equitable prompt written notice thereof. If within (a) one year after the Funding Effective Date, or such longer period as may be agreed upon in writing between the Employer or Employer Plan Trustee and Equitable, the Employer or Employer Plan Trustee does not provide such evidence that the Employer Plan is a Qualified Plan, or (b) the Employer or Employer Plan Trustee gives notice that the Employer Plan is no longer a Qualified Plan, then upon at least thirty days advance written notice to the Employer or Employer Plan Trustee, Equitable may:
Plan Qualification. 41 MASTER TRUST AGREEMENT, dated as of the first day of October, 1999, between FORTUNE BRANDS, INC., a Delaware corporation, having an office at 1700 East Putnam Avenue, Old Greenwich, Connecticut 06870 ("Fortune"), xxx XXXXXXXX XXXXXXXXXX XXXXX COMPANY, a Massachusetts trust company, having an office at 82 Devonshire Street, Boston, Massachusetts 02109 (the "Trustee").
