Common use of Qualification of Certain Plans Clause in Contracts

Qualification of Certain Plans. Except as otherwise provided in Section 3.22(d) of the Disclosure Schedule, each Plan 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, and, to Sellers' knowledge, no material 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.

Appears in 1 contract

Samples: Stock and Asset Purchase Agreement (Century Aluminum Co)

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Qualification of Certain Plans. Except as otherwise provided set forth in Section 3.22(d3.18(d) of the Disclosure Schedule, each Plan which 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 after 1985 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 after 1985 that it is so exempt, and, to Sellers' knowledge, and no material 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.

Appears in 1 contract

Samples: Asset Purchase Agreement (Polarityte, Inc.)

Qualification of Certain Plans. Except as otherwise provided disclosed in Section 3.22(d3.16(d) of the Sellers' Disclosure Schedule, each Plan 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, and, to Sellers' knowledge, and no material 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.

Appears in 1 contract

Samples: General Partnership Interest Purchase Agreement (Galileo International Inc)

Qualification of Certain Plans. Except as otherwise provided disclosed in Section 3.22(d3.24(d) of the Disclosure Schedule, each Plan 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, and, to Sellers' knowledge, and no material fact or event has occurred since the date of such determination letter from the IRS which could reasonably be expected to materially adversely affect the qualified status of any such Plan or the exempt status of any such trust.

Appears in 1 contract

Samples: Stock Purchase Agreement (United Companies Financial Corp)

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Qualification of Certain Plans. Except as otherwise provided completely and accurately disclosed in Section 3.22(d3.24(d) of the Disclosure Schedule, each Plan 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, and, to Sellers' knowledge, and no material fact or event has occurred since the date of such determination letter from the IRS which could reasonably be expected to adversely affect the qualified status of any such Plan or the exempt status of any such trust.

Appears in 1 contract

Samples: Plan and Agreement (Shaw Group Inc)

Qualification of Certain Plans. Except as otherwise provided completely and accurately disclosed in Section 3.22(d3.24(d) of the Disclosure Schedule, each Plan 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, and, to Sellers' knowledge, no material . No fact or event has occurred since the date of such determination letter from the IRS to which could adversely affect the qualified status of any such Plan or the exempt status of any such trust.

Appears in 1 contract

Samples: Stock Purchase Agreement (First Wave Marine Inc)

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