Common use of PROHIBITION OF DIVERSION Clause in Contracts

PROHIBITION OF DIVERSION. Section 4.1. Except as provided in Section 4.2 of this Article, at no time prior to the satisfaction of all liabilities with respect to Participants and their Beneficiaries under the Plan shall any part of the corpus or income of the Fund be used for, or diverted to, purposes other than for the exclusive benefit of Participants or their Beneficiaries, or for defraying reasonable expenses of administering the Plan. Section 4.2. The provisions of Section 4.1 notwithstanding, contributions made by the Employer under the Plan may be returned to the Employer under the following conditions: (a) If a contribution is made by mistake of fact, such contribution may be returned to the Employer within one year of the payment of such contribution; (b) Contributions to the Plan are specifically conditioned upon their deductibility under the Code. To the extent a deduction is disallowed for any such contribution, it may be returned to the Employer within one year after the disallowance of the deduction. Contributions which are not deductible in the taxable year in which made but are deductible in subsequent taxable years shall not be considered to be disallowed for purposes of this subsection; and (c) Contributions to the Plan are specifically conditioned on initial qualification of the Plan under the Code. If the Plan is determined to be disqualified, contributions made in respect of any period subsequent to the effective date of such disqualification may be returned to the Employer within one year after the date of denial of qualification.

PROHIBITION OF DIVERSION. Section 4.15.1. Except as provided in Section 4.2 5.2 of this Article, at no time prior to the satisfaction of all liabilities with respect to Participants and their Beneficiaries under the Plan shall any part of the corpus or income of the Fund be used for, or diverted to, purposes other than for the exclusive benefit of Participants or their Beneficiaries, or for defraying reasonable expenses of administering the Plan. Section 4.25.2. The provisions of Section 4.1 5.1 notwithstanding, contributions made by the Employer Company under the Plan may be returned to the Employer Company under the following conditions: (a) If a contribution is made by mistake of fact, such contribution may be returned to the Employer Company within one year of the payment of such contribution;; and (b) Contributions to the Plan are specifically conditioned upon their deductibility under the Code. To the extent a deduction is disallowed for any such contribution, it may be returned to the Employer Company within one year after the disallowance of the deduction. Contributions which are not deductible in the taxable year in which made but are deductible in subsequent taxable years shall not be considered to be disallowed for purposes of this subsection; and (c) Contributions to the Plan are specifically conditioned on initial qualification of the Plan under the Code. If the Plan is determined to be disqualified, contributions made in respect of any period subsequent to the effective date of such disqualification may be returned to the Employer within one year after the date of denial of qualification.

PROHIBITION OF DIVERSION. Section 4.16.1. Except as provided in Section 4.2 6.2 of this Article, at no time prior to the satisfaction of all liabilities with respect to Participants and their Beneficiaries under the Plan shall any part of the corpus or income of the Fund be used for, or diverted to, purposes other than for the exclusive benefit of Participants or their Beneficiaries, or for defraying reasonable expenses of administering the Plan.. Pg. 8 Section 4.26.2. The provisions of Section 4.1 6.1 notwithstanding, contributions made by the Employer Company under the Plan may be returned to the Employer Company under the following conditions: (a) If a contribution is made by mistake of fact, such contribution may be returned to the Employer Company within one year of the payment of such contribution; (b) Contributions to the Plan are specifically conditioned upon their deductibility under the Code. To the extent a deduction is disallowed for any such contribution, it may be returned to the Employer Company within one year after the disallowance of the deduction. Contributions which are not deductible in the taxable year in which made but are deductible in subsequent taxable years shall not be considered to be disallowed for purposes of this subsection; and (c) Contributions to the Plan are specifically conditioned on initial qualification of the Plan under the Code. If the Plan is determined to be disqualified, contributions made in respect of any period subsequent to the effective date of such disqualification may be returned to the Employer Company within one year after the date of denial of qualification.. Pg. 9

PROHIBITION OF DIVERSION. Section 4.16.1. Except as provided in Section 4.2 6.2 of this Article, at no time prior to the satisfaction of all liabilities with respect to Participants and their Beneficiaries beneficiaries under the Plan shall any part of the corpus or income of the Fund be used for, or diverted to, purposes other than for the exclusive benefit of Participants or their Beneficiariesbeneficiaries, or for defraying reasonable expenses of administering the Plan.. Pg.11 Section 4.26.2. The provisions of Section 4.1 6.1 notwithstanding, contributions made by the Employer Company under the Plan may be returned to the Employer Company under the following conditions: (a) If a contribution is made by mistake of fact, such contribution may be returned to the Employer Company within one year of the payment of such contribution; (b) Contributions to the Plan are specifically conditioned upon their deductibility under the Code. To the extent a deduction is disallowed for any such contribution, it may be returned to the Employer Company within one year after the disallowance of the deduction. Contributions which are not deductible in the taxable year in which made but are deductible in subsequent taxable years shall not be considered to be disallowed for purposes of this subsection; and (c) Contributions to the Plan are specifically conditioned on initial qualification of the Plan under the Code. If the Plan is determined to be disqualified, contributions made in respect of any period subsequent to the effective date of such disqualification may be returned to the Employer Company within one year after the date of denial of qualification.

PROHIBITION OF DIVERSION. Section 4.16.1. Except as provided in Section 4.2 6.2 of this Article, at no time prior to the satisfaction of all liabilities with respect to Participants and their Beneficiaries beneficiaries under the Plan shall any part of the corpus or income of the Fund be used for, or diverted to, purposes other Pg.11 than for the exclusive benefit of Participants or their Beneficiariesbeneficiaries, or for defraying reasonable expenses of administering the Plan. Section 4.26.2. The provisions of Section 4.1 6.1 notwithstanding, contributions made by the Employer Company under the Plan may be returned to the Employer Company under the following conditions: (a) If a contribution is made by mistake of fact, such contribution may be returned to the Employer Company within one year of the payment of such contribution; (b) Contributions to the Plan are specifically conditioned upon their deductibility under the Code. To the extent a deduction is disallowed for any such contribution, it may be returned to the Employer Company within one year after the disallowance of the deduction. Contributions which are not deductible in the taxable year in which made but are deductible in subsequent taxable years shall not be considered to be disallowed for purposes of this subsection; and (c) Contributions to the Plan are specifically conditioned on initial qualification of the Plan under the Code. If the Plan is determined to be disqualified, contributions made in respect of any period subsequent to the effective date of such disqualification may be returned to the Employer Company within one year after the date of denial of qualification.

PROHIBITION OF DIVERSION. Section 4.16.1. Except as provided in Section 4.2 6.2 of this Article, at no time prior to the satisfaction of all liabilities with respect to Participants and their Beneficiaries beneficiaries under the Plan shall any part of the corpus or income of the Fund be used for, or diverted to, purposes other Pg. 11 than for the exclusive benefit of Participants or their Beneficiariesbeneficiaries, or for defraying reasonable expenses of administering the Plan. Section 4.26.2. The provisions of Section 4.1 6.1 notwithstanding, contributions made by the Employer Company under the Plan may be returned to the Employer Company under the following conditions: (a) If a contribution is made by mistake of fact, such contribution may be returned to the Employer Company within one year of the payment of such contribution; (b) Contributions to the Plan are specifically conditioned upon their deductibility under the Code. To the extent a deduction is disallowed for any such contribution, it may be returned to the Employer Company within one year after the disallowance of the deduction. Contributions which are not deductible in the taxable year in which made but are deductible in subsequent taxable years shall not be considered to be disallowed for purposes of this subsection; and (c) Contributions to the Plan are specifically conditioned on initial qualification of the Plan under the Code. If the Plan is determined to be disqualified, contributions made in respect of any period subsequent to the effective date of such disqualification may be returned to the Employer Company within one year after the date of denial of qualification.

PROHIBITION OF DIVERSION. Section 4.16.1. Except as provided in Section 4.2 6.2 of this Article, at no time prior to the satisfaction of all liabilities with respect to Participants and their Beneficiaries beneficiaries under the Plan shall any part of the corpus or income of the Fund be used for, or diverted to, purposes other than for the exclusive benefit of Participants or their Beneficiariesbeneficiaries, or for defraying reasonable expenses of administering the Plan. Section 4.26.2. The provisions of Section 4.1 6.1 notwithstanding, contributions made by the Employer Company under the Plan may be returned to the Employer Company under the following conditions: (a) If a contribution is made by mistake of fact, such contribution may be returned to the Employer Company within one year of the payment of such contribution; (b) Contributions to the Plan are specifically conditioned upon their deductibility under the Code. To the extent a deduction is disallowed for any such contribution, it may be returned to the Employer Company within one year after the disallowance of the deduction. Contributions which are not deductible in the taxable year in which made but are deductible in subsequent taxable years shall not be considered to be disallowed for purposes of this subsection; and (c) Contributions to the Plan are specifically conditioned on initial qualification of the Plan under the Code. If the Plan is determined to be disqualified, contributions made in respect of any period subsequent to the effective date of such disqualification may be returned to the Employer Company within one year after the date of denial of qualification.

PROHIBITION OF DIVERSION. Section 4.15.1. Except as provided in Section 4.2 5.2 of this Article, at no time prior to the satisfaction of all liabilities with respect to Participants and their Beneficiaries under the Plan shall any part of the corpus or income of the Fund be used for, or diverted to, purposes other than for the exclusive benefit of Participants or their Beneficiaries, or for defraying reasonable expenses of administering the Plan. Section 4.25.2. The provisions of Section 4.1 5.1 notwithstanding, contributions made by the Employer Company under the Plan may be returned to the Employer Company under the following conditions: : (a) If a contribution is made by mistake of fact, such contribution may be returned to the Employer Company within one year of the payment of such contribution; ; and (b) Contributions to the Plan are specifically conditioned upon their deductibility under the Code. To the extent a deduction is disallowed for any such contribution, it may be returned to the Employer Company within one year after the disallowance of the deduction. Contributions which are not deductible in the taxable year in which made but are deductible in subsequent taxable years shall not be considered to be disallowed for purposes of this subsection; and (c) Contributions to the Plan are specifically conditioned on initial qualification of the Plan under the Code. If the Plan is determined to be disqualified, contributions made in respect of any period subsequent to the effective date of such disqualification may be returned to the Employer within one year after the date of denial of qualification.

PROHIBITION OF DIVERSION. Section 4.1. Except as provided in Section 4.2 of this Article, at no time prior to the satisfaction of all liabilities with respect to Participants and their Beneficiaries under the Plan shall any part of the corpus or income of the Fund be used for, or diverted to, purposes other than for the exclusive benefit of Participants or their Beneficiaries, or for defraying reasonable expenses of administering the Plan. Section 4.2. The provisions provision of Section 4.1 notwithstanding, contributions made by the Employer under the Plan may be returned to the Employer under the following conditions: (a) If a contribution is made by mistake of fact, such contribution may be returned to the Employer within one year of the payment of such contribution; (b) Contributions to the Plan are specifically conditioned upon their deductibility under the Code. To the extent a deduction is disallowed for any such contribution, it may be returned to the Employer within one year after the disallowance of the deduction. Pg. 7 58 Contributions which are not deductible in the taxable year in which made but are deductible in subsequent taxable years shall not be considered to be disallowed for purposes of this subsection; and (c) Contributions to the Plan are specifically conditioned on initial qualification of the Plan under the Code. If the Plan is determined to be disqualified, contributions made in respect of any period subsequent to the effective date of such disqualification may be returned to the Employer within one year after the date of denial of qualification.