Qualification of Certain Plans. Each Company Plan that is intended to be qualified under Section 401(a) of the Code has received a favorable determination letter from the IRS with respect to the most recent applicable determination letter filing period or has timely applied to the IRS for such a letter, and no event has occurred since the date of the most recent determination letter or application therefor relating to any such Company Plan that would reasonably be expected to adversely affect the qualification of such Company Plan.
Appears in 5 contracts
Samples: Purchase Agreement (Oncobiologics, Inc.), Exchange Agreement (Oncobiologics, Inc.), Purchase Agreement (Oncobiologics, Inc.)
Qualification of Certain Plans. Each Company 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 with respect that it is so qualified and, to the most recent applicable determination letter filing period Knowledge of the Company, no fact or has timely applied to the IRS for such a letter, and no event has occurred since the date of the most recent such determination letter or application therefor relating to any such Company Plan that from the IRS which would reasonably be expected to adversely affect the qualification qualified status of any such Company PlanPlan or the exempt status of any trust established in connection with any Company Plan that is intended to be exempt from federal income taxation under Section 501(a) of the Code.
Appears in 3 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Evercore Partners Inc.), Purchase and Sale Agreement (Evercore Partners Inc.)
Qualification of Certain Plans. Each Seller Plan or Company Plan that is intended to be qualified under Section 401(a) of the Code has received a favorable determination letter from the IRS with respect to the most recent applicable determination letter filing period or has timely applied to the IRS for such a letter, and and, to the Seller’s Knowledge, no event has occurred since the date of the most recent determination letter or application therefor relating to any such Company Plan condition exists that would reasonably be expected to will materially adversely affect the qualification of such Seller Plan or Company Plan.
Appears in 1 contract
Samples: Stock and Asset Purchase Agreement (S&P Global Inc.)