PLAN TRUST. 1. CenturyTel of Central Wisconsin, LLC and Telephone USA of Wisconsin, LLC will make the CenturyLink 401(k) Savings Plan (the “401(k) Plan”) available to the regular full or part-time hourly employees of the Company who are covered by the Collective Bargaining Agreement between the parties to this Memorandum of Agreement.
PLAN TRUST. Immediately after the Distribution Date or prior to that time, Leap shall establish, or cause to be established, a trust qualified under Code Section 401(a), exempt from taxation under Code Section 501(a)(1), and forming part of the Leap 401(k) Plan.
PLAN TRUST. Immediately after the Distribution Date or prior to that time, Leap shall establish, or cause to be established, a trust or separate trusts for the deposit of assets forming part of the Leap Executive Retirement Plans.
PLAN TRUST. Effective as of the Distribution Date (or such other date as Adaptec and Roxio may mutually agree), Roxio shall establish, or cause to be established, a separate trust, which is intended to be tax-qualified under Code Section 401(a), to be exempt from taxation under Code Section 501(a)(1), and to form the Roxio 401(k) Plan.
PLAN TRUST. Effective Immediately after the Disposition Date, the trust established and forming part of the Wireless 401(k) Plan shall cease to be a participating trust in the AT&T Savings Plan Group Trust. AT&T and Wireless Services shall adopt or cause to be adopted any amendments to any trust agreements or plan documents reasonably necessary to transfer settlor responsibility and control of such trust from AT&T to Wireless Services.
PLAN TRUST. Effective as of the Independence Date (or such other date as Cadence, the Partnership and Tality may mutually agree), the Partnership shall establish, or cause to be established, a separate plan, which is intended to be tax-qualified under Code Section 401(a), and a separate trust to be exempt from taxation under Code Section 501(a)(1), and to form the Tality 401(k) Plan.
PLAN TRUST. Immediately as of August 1, 2002 or prior to that time, SUREBEAM shall establish, or cause to be established, a trust qualified under Code Section 401(a), exempt from taxation under Code Section 501(a)(1), and forming part of the SUREBEAM 401(k) Plan. The TITAN 401(k) Plan and the SUREBEAM 401(k) Plan shall provide that no distribution of account balances shall be made on account of SUREBEAM ceasing to be an Affiliate of TITAN as of the Distribution Date.
PLAN TRUST. If the Supplemental 401(k) Plan Trust delivers written instruments of transfer to the CVR Registrar in accordance with Section 3.4(c) in connection with Supplemental 401(k) Plan Distributions to a participant, the CVR Registrar shall take all actions necessary to transfer to such Supplemental 401(k) Plan participant Contingent Value Rights in accordance with such direction from the Supplemental 401(k)
PLAN TRUST. Prior to the IPO Closing Date, Cal Dive shall establish its own trust intended to be exempt from tax under section 501(a) of the Code (the “Cal Dive 401(k) Plan Trust”) and Helix and Cal Dive shall take such actions as may be necessary to effect the transfer of assets relating to the Helix 401(k) Plan from the trust for the Helix 401(k) Plan to the Cal Dive 401(k) Plan Trust. Cal Dive shall then assume and thereafter be solely responsible for all liabilities relating to the participation of Transferred Employees under the Helix 401(k) Plan.
PLAN TRUST to-Trust Transfer. Seller shall cause a spin-off and transfer in compliance with Section 414(1) of the Code from the trust for the $uper $aver 401(k) Capital Accumulation Plan for Employees of Participating AMR Corporation Subsidiaries (the "SELLER'S PARENT'S 401(k) PLAN") to a trust established by and for a defined contribution savings plan qualified under Sections 401(a) and 401(k) of the Code maintained or established by the Acquired Companies ("BUYER'S 401(k) PLAN") of an amount in cash equal to the aggregate account balances, as of the date of such transfer, of the employees who are
