Purchaser Savings Plan. The Purchaser shall permit the plan(s) maintained by the Purchaser that is an eligible retirement plan, pursuant to Section 401(a)(31)(D) of the Code (the “Purchaser’s Savings Plan”) to accept an “eligible rollover contribution” (within the meaning of Section 401(a)(31) of the Code) in cash of all or a portion of the account balance distributed to an Employee under any defined contribution plan that is qualified under Section 401(a) of the Code (the “Seller’s Savings Plan”), subject to the Seller’s provision of evidence reasonably satisfactory to Purchaser’s Savings Plan that such Company Benefit Plan which eligible rollover contribution was transferred is qualified under Section 401(a) of the Code. To the extent not prohibited by applicable Law, effective as of the day immediately following the Closing Date, Purchaser shall make available to each Employee on a non-discriminatory basis and on commercially reasonable terms, a short-term loan in an amount equal to such Employee’s aggregate unpaid loan balance with respect to any outstanding loans under Seller’s Savings Plan.
Appears in 3 contracts
Samples: Transaction Agreement (Credit Suisse Group), Transaction Agreement (Credit Suisse First Boston Usa Inc), Transaction Agreement (Credit Suisse Group)
Purchaser Savings Plan. The Purchaser shall permit the plan(s) maintained by the Purchaser that is an eligible retirement plan, pursuant to Section 401(a)(31)(D) of the Code (the “"Purchaser’s 's Savings Plan”") to accept an “"eligible rollover contribution” " (within the meaning of Section 401(a)(31) of the Code) in cash of all or a portion of the account balance distributed to an Employee under any defined contribution plan that is qualified under Section 401(a) of the Code (the “"Seller’s 's Savings Plan”"), subject to the Seller’s 's provision of evidence reasonably satisfactory to Purchaser’s 's Savings Plan that such Company Benefit Plan which eligible rollover contribution was transferred is qualified under Section 401(a) of the Code. To the extent not prohibited by applicable Law, effective as of the day immediately following the Closing Date, Purchaser shall make available to each Employee on a non-discriminatory basis and on commercially reasonable terms, a short-term loan in an amount equal to such Employee’s 's aggregate unpaid loan balance with respect to any outstanding loans under Seller’s 's Savings Plan.
Appears in 3 contracts
Samples: Transaction Agreement (Credit Suisse Group), Transaction Agreement (Credit Suisse First Boston Usa Inc), Transaction Agreement (Bank of New York Co Inc)