Common use of Qualification of Certain Plans Clause in Contracts

Qualification of Certain Plans. Each Plan that is intended to be qualified under Section 401(a) of the Code or Section 401(k) of the Code has received a favorable determination letter from the IRS that it is so qualified and each trust established in connection with any Plan which is intended to be exempt from federal income taxation under Section 501(a) of the Code has received a determination letter from the IRS that it is so exempt and no fact or event has occurred since the date of such determination letter from the IRS to adversely affect the qualified status of any such Plan or the exempt status of any such trust. Each trust maintained or contributed to by the Company or any Subsidiary which is intended to be qualified as a voluntary employees' beneficiary association and which is intended to be exempt from federal income taxation under Section 501(c)(9) of the Code has received a favorable determination letter from the IRS that it is so qualified and so exempt and no fact or event has occurred since the date of such determination by the IRS to adversely affect such qualified or exempt status.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Oneida LTD), Stock Purchase Agreement (Oneida LTD), Stock Purchase Agreement (Oneida LTD)

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Qualification of Certain Plans. Each Plan that which is intended to be qualified under Section 401(a) of the Code or Section 401(k) of the Code has received a favorable determination letter from the IRS that it is so qualified and each trust established in connection with any Plan which is intended to be exempt from federal income taxation under Section 501(a) of the Code has received a determination letter from the IRS that it is so exempt exempt, and no fact or event has occurred since the date of such determination letter from the IRS to adversely affect the qualified status of any such Plan or the exempt status of any such trust. Each trust maintained or contributed to by the Company or any Subsidiary which is intended to be qualified as a voluntary employees' beneficiary association and which is intended to be exempt from federal income taxation under Section 501(c)(9) of the Code has received a favorable determination letter from the IRS that it is so qualified and so exempt exempt, and no fact or event has occurred since the date of such determination by the IRS to adversely affect such qualified or exempt status.

Appears in 2 contracts

Samples: Stock Purchase Agreement (United Capital Corp /De/), Stock Purchase Agreement (Consoltex Inc/ Ca)

Qualification of Certain Plans. Each Plan that is intended to be qualified under Section 401(a) of the Code or Section 401(k) of the Code has received a favorable determination letter from the IRS that it is so qualified qualified, and each trust established in connection with any Plan which that is intended to be exempt from federal income taxation under Section 501(a) of the Code has received a determination letter from the IRS that it is so exempt exempt, and no fact or event has occurred since the date of such determination letter from the IRS to adversely affect the qualified status of any such Plan or the exempt status of any such trust. Each trust maintained or contributed to by the Company Seller or any Subsidiary which of its ERISA Affiliates that is intended to be qualified as a voluntary employees' beneficiary association and which that is intended to be exempt from federal income taxation under Section 501(c)(9) of the Code has received a favorable determination letter from the IRS that it is so qualified and so exempt exempt, and no fact or event has occurred since the date of such determination by the IRS to adversely affect such qualified or exempt status.

Appears in 2 contracts

Samples: Asset Purchase Agreement (NewPage CORP), Asset Purchase Agreement (NewPage Holding CORP)

Qualification of Certain Plans. Each Plan that which is intended to be qualified under Section 401(a) of the Code or Section 401(k) of the Code has received a favorable determination letter from the IRS that it is so qualified and each trust established in connection with any Plan which is intended to be exempt from federal income taxation under Section 501(a) of the Code has received a determination letter from the IRS that it is so exempt exempt, and no fact or event has occurred since the date of such determination letter from the IRS to adversely affect the qualified status of any such Plan or the exempt status of any such trust. Each trust maintained or contributed to by the Company or any Subsidiary which is intended to be qualified as a voluntary employees' beneficiary association and which is intended to be exempt from federal income taxation under Section 501(c)(9) of the Code has received a favorable determination letter from the IRS that it is so qualified and so exempt exempt, and no fact or event has occurred since the date of such determination by the IRS to adversely affect such qualified or exempt status.

Appears in 2 contracts

Samples: Employment Agreement (Dycom Industries Inc), Registration Rights Agreement (Dycom Industries Inc)

Qualification of Certain Plans. Each Plan that which is intended required to be qualified under Section 401(a) of the Code or Section 401(k) of the Code has received a favorable determination letter from the IRS after 1985 that it is so qualified and each trust established in connection with any Plan which is intended to be exempt from federal income taxation under Section 501(a) of the Code has received a determination letter from the IRS after 1985 that it is so exempt exempt, and no fact or event has occurred since the date of such determination letter from the IRS to adversely affect the qualified status of any such Plan or the exempt status of any such trust. Each trust maintained or contributed to by the Seller, the Company or any Subsidiary which is intended to be qualified as a voluntary employees' beneficiary association and which is intended to be exempt from federal income taxation under Section 501(c)(9) of the Code has received a favorable determination letter from the IRS that it is so qualified and so exempt exempt, and no fact or event has occurred since the date of such determination by the IRS to adversely affect such qualified or exempt status.

Appears in 1 contract

Samples: Stock Purchase Agreement (Sylvan Learning Systems Inc)

Qualification of Certain Plans. Each Plan that which is intended to be qualified under Section 401(a) of the Code or Section 401(k) of the Code has received a favorable determination letter from the IRS that it is so qualified and each trust established in connection with any Plan which is intended to be exempt from federal income taxation under Section 501(a) of the Code has received a determination letter from the IRS that it is so exempt exempt, and no fact or event has occurred since the date of such determination letter from the IRS to adversely affect the qualified status of any such Plan or the exempt status of any such trust. Each trust maintained or contributed to by the Company or any Subsidiary which is intended to be qualified as a voluntary employees' beneficiary association and which is intended to be exempt from federal income taxation under Section 501(c)(9) of the Code has received a favorable determination letter from the IRS that it is so qualified and so exempt exempt, and no fact or event has occurred since the date of such determination by the IRS to adversely affect such qualified or exempt status.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Silicon Graphics Inc /Ca/)

Qualification of Certain Plans. Each Plan that which is intended to be qualified under Section 401(a) of the Code or Section 401(k) of the Code has received a favorable determination letter from the IRS that it is so qualified and each trust established in connection with any Plan which is intended to be exempt from federal income taxation under Section 501(a) of the Code has received a determination letter from the IRS that it is so exempt and and, to the Stockholders' knowledge, no fact or event has occurred since the date of such determination letter from the IRS to adversely affect the qualified status of any such Plan or the exempt status of any such trust. Each trust maintained or contributed to by the Company or any Subsidiary Seller which is intended to be qualified as a voluntary employees' beneficiary association and which is intended to be exempt from federal income taxation under Section 501(c)(9) of the Code has received a favorable determination letter from the IRS that it is so qualified and so exempt and exempt, and, to the Stockholders' knowledge, no fact or event has occurred since the date of such determination by the IRS to adversely affect such qualified or exempt status.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Daisytek International Corporation /De/)

Qualification of Certain Plans. Each Plan that is intended to be qualified under Section 401(a) of the Code or Section 401(k) of the Code has received a favorable determination letter from the IRS that it is so qualified and each trust established in connection with any Plan which is intended to be exempt from federal income taxation under Section 501(a) of the Code has received a determination or opinion letter from the IRS that to the effect that, with respect to the form of such plan, it is so exempt qualified, and no fact or event has occurred since the date of such determination letter from the IRS or opinion letter that could reasonably be expected to adversely affect the qualified status of any such Plan or the exempt status of any such trusttrust or result in a filing under Rev. Proc. 2003-44 or any predecessor or successor thereto. Each trust maintained or contributed to by the Company or any Subsidiary which that is intended to be qualified as a voluntary employees' beneficiary association and which that is intended to be exempt from federal income taxation under Section 501(c)(9) of the Code has received a favorable determination letter from the IRS that it is so qualified and so exempt exempt, and no fact or event has occurred since the date of such determination by the IRS to adversely affect such qualified or exempt status.

Appears in 1 contract

Samples: Securities Purchase Agreement (Digital Realty Trust, Inc.)

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Qualification of Certain Plans. Each Plan that is intended to be qualified under Section 401(a) of the Code or Section 401(k) of the Code has received a favorable determination letter from the IRS that it is so qualified qualified, and each trust established in connection with any Plan which that is intended to be exempt from federal income taxation under Section 501(a) of the Code has received a determination letter from the IRS that it is so exempt exempt, and no fact or event has occurred since the date of such determination letter from the IRS to affect adversely affect the qualified status of any such Plan or the exempt status of any such trust. Each trust maintained or contributed to by the Company or any Subsidiary which that is intended to be qualified as a voluntary employees' beneficiary association and which that is intended to be exempt from federal income taxation under Section 501(c)(9) of the Code has received a favorable determination letter from the IRS that it is so qualified and so exempt exempt, and no fact or event has occurred since the date of such determination by the IRS to adversely affect such qualified or exempt status.

Appears in 1 contract

Samples: Stock Purchase Agreement (Lincoln Educational Services Corp)

Qualification of Certain Plans. Each Plan that is intended to be qualified under Section 401(a) of the Code or Section 401(k) of the Code has received a favorable determination letter from the IRS that it is so qualified qualified, and each trust established in connection with any Plan which that is intended to be exempt from federal income taxation under Section 501(a) of the Code has received a determination letter from the IRS that it is so exempt exempt, and no fact or event has occurred since the date of such determination letter from the IRS to adversely affect the qualified status of any such Plan or the exempt status of any such trust. Each trust maintained or contributed to by the Company or any Subsidiary which that is intended to be qualified as a voluntary employees' beneficiary association and which that is intended to be exempt from federal income taxation under Section 501(c)(9) of the Code has received a favorable determination letter from the IRS that it is so qualified and so exempt exempt, and no fact or event has occurred since the date of such determination by the IRS to adversely affect such qualified or exempt status.

Appears in 1 contract

Samples: Stock Purchase Agreement (Lincoln Educational Services Corp)

Qualification of Certain Plans. Each Plan that which is intended to be qualified under Section 401(a) of the Code or Section 401(k) of the Code has received a favorable determination letter from the IRS after 1985 that it is so qualified and each trust established in connection with any Plan which is intended to be exempt from federal income taxation under Section 501(a) of the Code has received a determination letter from the IRS after 1985 that it is so exempt exempt, and no fact or event has occurred since the date of such determination letter from the IRS to adversely affect the qualified status of any such Plan or the exempt status of any such trust. Each trust maintained or contributed to by the Company or any Subsidiary Cars which is intended to be qualified as a voluntary employees' beneficiary association and which is intended to be exempt from federal Federal income taxation under Section 501(c)(9) of the Code has received a favorable determination letter from the IRS that it is so qualified and so exempt exempt, and no fact or event has occurred since the date of such determination by the IRS to adversely affect such qualified or exempt status.

Appears in 1 contract

Samples: Merger Agreement (Fidelity Holdings Inc)

Qualification of Certain Plans. Each Plan that is intended to be qualified under Section 401(a) of the Code or Section 401(k) of the Code has received a favorable determination letter from the IRS that it is so qualified qualified, and each trust established in connection with any Plan which that is intended to be exempt from federal income taxation under Section 501(a) of the Code has received a determination letter from the IRS that it is so exempt exempt, and no fact or event has occurred since the date of such determination letter from the IRS to affect adversely affect the qualified status of any such Plan or the exempt status of any such trust. Each trust maintained or contributed to by the any Company or any Subsidiary which that is intended to be qualified as a voluntary employees' beneficiary association and which that is intended to be exempt from federal income taxation under Section 501(c)(9) of the Code has received a favorable determination letter from the IRS that it is so qualified and so exempt exempt, and no fact or event has occurred since the date of such determination by the IRS to adversely affect such qualified or exempt status.

Appears in 1 contract

Samples: Stock Purchase Agreement (Lincoln Educational Services Corp)

Qualification of Certain Plans. Each Plan that is intended to be qualified under Section 401(a) of the Code or Section 401(k) of the Code has received a favorable determination letter from the IRS that it is so qualified qualified, and each trust established in connection with any Plan which that is intended to be exempt from federal income taxation under Section 501(a) of the Code has received a determination letter from the IRS that it is so exempt exempt, and no fact or event has occurred since the date of such determination letter from the IRS to adversely affect the qualified status of any such Plan or the exempt status of any such trust. Each trust maintained or contributed to by the Company Seller or any Subsidiary which of its ERISA Affiliates that is intended to be qualified as a voluntary employees' beneficiary association and which that is intended to be exempt from federal income taxation under Section 501(c)(9) of the Code has received a favorable determination letter from the IRS that it is so qualified and so exempt exempt, and no fact or event has occurred since the date of such determination by the IRS to adversely affect such qualified or exempt status.

Appears in 1 contract

Samples: Asset Purchase Agreement (Glatfelter P H Co)

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