Plan Qualification; Plan Administration. (i) Each Company Plan that is intended to be qualified under Section 401(a) of the Code is the subject of a favorable determination or opinion letter to the effect that the form of such plan is so qualified, and nothing has occurred that would be reasonably expected to adversely affect the qualified status of any such Company Plan in such a manner that would result in a Material Adverse Effect; and (ii) each Company Plan has been established, administered and maintained in compliance (both in form and operation) in all material respects in accordance with its terms and all Applicable Law.
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement (Muscle Maker, Inc.), Membership Interest Exchange Agreement (Muscle Maker, Inc.)
Plan Qualification; Plan Administration. Except as set forth on Schedule 3.11.2, (ia) Each each Company Plan that is intended to be qualified under Section 401(a) of the Code is the subject of either has received a favorable determination or opinion letter or filed for a determination or opinion letter to the effect that the form of such plan is so qualified, and nothing qualified or the applicable period for requesting such determination or opinion has occurred that would be reasonably expected to adversely affect the qualified status of any such Company Plan in such a manner that would result in a Material Adverse Effectnot yet expired; and (iib) each Company Plan has been established, administered and maintained in compliance (both in form and operation) in all material respects in accordance with its terms and all Applicable Lawapplicable Legal Requirements.
Appears in 2 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement (IES Holdings, Inc.)
Plan Qualification; Plan Administration. (i) Each Company Plan that is intended to be qualified under Section 401(a) of the Code is the subject of has received or filed for a favorable determination or opinion letter to the effect that the form of such plan is so qualifiedqualified or the applicable period for requesting such determination or opinion has not yet expired, and nothing has occurred to the Company’s Knowledge, the Acquired Companies have not taken, or failed to take, any action that would be reasonably expected to adversely affect the qualified status of any such Company Plan in such a manner that would result in a Material Adverse Effect; and (ii) each Company Plan has been established, administered and maintained in compliance (both in form and operation) in all material respects in accordance with its terms and all Applicable Law.reasonably
Appears in 1 contract
Samples: Agreement and Plan of Merger (U.S. Silica Holdings, Inc.)
