Common use of PROHIBITION OF DIVERSION Clause in Contracts

PROHIBITION OF DIVERSION. Section 6.1. Except as provided in Section 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. Section 6.2. The provisions of Section 6.1 notwithstanding, contributions made by the Company under the Plan may be returned to the Company under the following conditions: (a) If a contribution is made by mistake of fact, such contributions may be returned to the 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 if disallowed for any such contribution, it may be returned to the Company within one year after the disallowance of the deduction.