Common use of PLAN TERMINATION OR SUSPENSION Clause in Contracts

PLAN TERMINATION OR SUSPENSION. The Employer subject to Section 13.02(B) and by proper Employer action has the right, at any time, to suspend or discontinue its contributions under the Plan and thereafter to continue to maintain the Plan (subject to such suspension or discontinuance) until the Employer terminates the Plan. The Employer subject to Section 13.02(B) and by proper Employer action has the right, at any time, to terminate this Plan and the Trust created and maintained under the Plan. The Plan will terminate upon the first to occur of the following: (a) The date terminated by proper action of the Employer; or (b) The dissolution or merger of the Employer, unless a successor makes provision to continue the Plan, in which event the successor must substitute itself as the Employer under this Plan. Any termination of the Plan resulting from this Paragraph (b) is not effective until compliance with any applicable notice requirements under ERISA.

Appears in 4 contracts

Samples: 401(k) Plan Adoption Agreement (Petco Animal Supplies Inc), Defined Contribution Prototype Plan (MSC Software Corp), Adoption Agreement (Bank of Granite Corp)

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PLAN TERMINATION OR SUSPENSION. The Employer subject to Section 13.02(B) and by proper Employer action has the right, at any time, to suspend or discontinue its contributions under the Plan and thereafter to continue to maintain the Plan (subject to such suspension or discontinuance) until the Employer terminates the Plan. The Employer subject to Section 13.02(B) and by proper Employer action has the right, at any time, to terminate this Table of Contents Plan and the Trust created and maintained under the Plan. The Plan will terminate upon the first to occur of the following: (a) The date terminated by proper action of the Employer; : or (b) The dissolution or merger of the Employer, unless a successor makes provision to continue the Plan, in which event the successor must substitute itself as the Employer under this Plan. Any termination of the Plan resulting from this Paragraph (b) is not effective until compliance with any applicable notice requirements under ERISA.

Appears in 1 contract

Samples: Defined Contribution Prototype Plan (Trimeris Inc)

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