Common use of Qualification of Certain Plans Clause in Contracts

Qualification of Certain Plans. 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 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 to the best knowledge of MS 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 MS or any MS 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 to the best knowledge of MS 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 (Aetna Industries Inc), Stock Purchase Agreement (MS Acquisition)

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Qualification of Certain Plans. 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 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, and no fact or event has occurred to the best knowledge of MS since the date of such determination letter from the IRS that could reasonably be expected 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 MS the Company or any MS 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, and no fact or event has occurred to the best knowledge of MS since the date of such determination by the IRS that could reasonably be expected to adversely affect such qualified or exempt status.

Appears in 1 contract

Samples: Merger Agreement (Zila Inc)

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Qualification of Certain Plans. 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 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 knowledge of each Acquired Entity, no fact or event has occurred to the best knowledge of MS 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 MS or any MS Subsidiary Acquired Entity 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 to the best knowledge of MS since the date of such determination by the IRS to adversely affect such qualified or exempt status.

Appears in 1 contract

Samples: Stock Acquisition Agreement (Nu Skin Asia Pacific Inc)

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