Common use of Qualified Retirement Plan Compliance Clause in Contracts

Qualified Retirement Plan Compliance. With respect to each Benefit Plan which is an employee pension benefit plan (as defined in Section 3(2) of ERISA) which is intended to be qualified under Section 401 of the Code (a "Qualified Benefit Plan"): (a) the IRS has issued a determination letter which determined that such Qualified Benefit Plan (as amended by any and all amendments) satisfies the requirements of Section 401(a) of the Code, as amended by all of the laws referred to in Section 1 of Revenue Procedure 93-39, such determination letter has not been revoked or threatened to be revoked by the IRS, and the scope of such determination letter is complete and does not exclude, to the best knowledge of CNB Bancshares, consideration of any of the requirements or matters referred to in Sections 4.02 through 4.04 of Revenue Procedure 93-39; (b) except as listed in the Disclosure Schedule, such Qualified Benefit Plan has been maintained in accordance with and continues to be in material compliance with all qualification requirements of Section 401(a) of the Code; (c) such Qualified Benefit Plan has been maintained in accordance with and continues to be in substantial compliance with all notice, reporting and disclosure requirements of ERISA and the Code; (d) any Qualified Benefit Plan which is an ESOP as defined in Section 4975(e)(7) of the Code (an "ESOP Qualified Benefit Plan") is in material compliance with the applicable qualification requirements of Section 409 of the Code; (e) to the best knowledge of CNB Bancshares, any Qualified Benefit Plan terminated within the last five years was terminated in material compliance with the requirements of ERISA and the Code, has received a favorable determination letter therefor, and the liabilities of such Qualified Benefit Plan and the requirements of the Pension Benefit Guaranty Corporation ("PBGC") were fully satisfied; and (f) to the best knowledge of CNB Bancshares, any and all amendments to the Qualified Benefit Plans not covered by an IRS determination letter should not adversely affect the qualified and tax exempt status of such plans.

Qualified Retirement Plan Compliance. With respect to each Benefit Plan which is an employee pension benefit plan (as defined in Section section 3(2) of ERISA) which is intended to be qualified other than any such plan that meets the "top-hat" exception under Section 401 section 201(1) of the Code ERISA (a "Qualified Benefit Plan"): ), except as disclosed on Schedule 1: (a) the IRS has issued a determination letter which determined that such Qualified Benefit Plan (as amended by any and all amendments) satisfies satisfied the requirements of Section section 401(a) of the Internal Revenue Code of 1986, as amended through the date hereof (the "Code"), as amended by all of the laws referred to in Section 1 of Revenue Procedure 93-39, such determination letter has not been revoked or threatened to be revoked by the IRS, and the scope of such determination letter is complete and does not exclude, to the best knowledge of CNB Bancshares, exclude consideration of any of the requirements or matters referred to in Sections sections 4.02 through 4.04 of Revenue Procedure 93-39; (b) except as listed in to the Disclosure Schedulebest knowledge of Suburban Bancorp, such Qualified Benefit Plan has been maintained in accordance with and continues to be is in material compliance with all qualification requirements of Section 401(a) of the Code; (c) to the best knowledge of Suburban Bancorp, such Qualified Benefit Plan has been maintained in accordance with and continues to be is in substantial compliance with all notice, reporting and disclosure requirements of ERISA and the Code; (d) any Qualified Benefit Plan which is an ESOP as defined in Section 4975(e)(7) of the Code (an "ESOP Qualified Benefit Plan") is in material compliance with the applicable qualification requirements of Section 409 of the Code; and (e) to the best knowledge of CNB Bancshares, any previously terminated Qualified Benefit Plan terminated within the last five years was terminated in material compliance with the requirements of ERISA and the Code, has received a favorable determination letter therefor, and the liabilities of such Qualified Benefit Plan and the requirements of the Pension Benefit Guaranty Corporation ("PBGC") were fully satisfied; and (f) to the best knowledge of CNB Bancshares, any and all amendments to the Qualified Benefit Plans not covered by an IRS determination letter should not adversely affect the qualified and tax exempt status of such plans.

Qualified Retirement Plan Compliance. With respect to each Benefit Plan which is an employee pension benefit plan (as defined in Section section 3(2) of ERISA) which is intended to be qualified other than any such plan that meets the "top-hat" exception under Section 401 section 201(1) of the Code ERISA (a "Qualified Benefit Plan"): ), except as disclosed on Schedule 1: (a) the IRS has issued a determination letter which determined that such Qualified Benefit Plan (as amended by any and all amendmentsamendments except for the First and Second Amendments to the ESOP and any amendments to the defined benefit plan) satisfies satisfied the requirements of Section section 401(a) of the Code, as amended by all of the laws referred to in Section 1 of Revenue Procedure 93-39, such determination letter has not been revoked or threatened to be revoked by the IRS, and the scope of such determination letter is complete and does not exclude, to the best knowledge of CNB Bancshares, exclude consideration of any of the requirements or matters referred to in Sections sections 4.02 through 4.04 of Revenue Procedure 93-39; (b) except as listed in to the Disclosure Schedulebest knowledge of Enterprise, such Qualified Benefit Plan has been maintained in accordance with and continues to be is in material compliance with all qualification requirements of Section 401(a) of the Code; (c) to the best knowledge of Enterprise, such Qualified Benefit Plan has been maintained in accordance with and continues to be is in substantial compliance with all notice, reporting and disclosure requirements of ERISA and the Code; (d) any Qualified Benefit Plan which is an ESOP as defined in Section 4975(e)(7) of the Code (an "ESOP Qualified Benefit Plan") is in material compliance with the applicable qualification requirements of Section 409 of the Code; (e) to the best knowledge of CNB Bancshares, any previously terminated Qualified Benefit Plan terminated within the last five years was terminated in material compliance with the requirements of ERISA and the Code, has received a favorable determination letter therefor, and the liabilities of such Qualified Benefit Plan and the requirements of the Pension Benefit Guaranty Corporation ("PBGC") were fully satisfied; and (f) to the best knowledge of CNB Bancshares, any and all amendments to the Qualified Benefit Plans not covered by an IRS determination letter should do not adversely affect the qualified and tax exempt status of such plans.

Qualified Retirement Plan Compliance. With respect to each Benefit Plan which is an employee pension benefit plan (as defined in Section section 3(2) of ERISA) which is intended to be qualified other than any such plan that meets the "top-hat" exception under section 201(2) of ERISA or the excess benefit plan exception under Section 401 201(7) of the Code ERISA (a "Qualified Benefit Plan"): ), except as disclosed on Schedule 1: (a) the IRS has issued a determination letter which determined that such Qualified Benefit Plan (as amended by any and all amendments) satisfies the requirements of Section section 401(a) of the Code, as amended by all of the laws referred to in Section 1 of Revenue Procedure 93-39, such determination letter has not been revoked or threatened to be revoked by the IRS, and the scope of such determination letter is complete and does not exclude, to the best knowledge of CNB Bancshares, exclude consideration of any of the requirements or matters referred to in Sections sections 4.02 through 4.04 of Revenue Procedure 93-39; (b) except as listed in the Disclosure Schedule, such Qualified Benefit Plan has been maintained in accordance with and continues to be in material compliance with all qualification requirements of Section 401(a) of the Code; (c) such Qualified Benefit Plan has been maintained in accordance with and continues to be in substantial compliance with all notice, reporting and disclosure requirements of ERISA and the Code; (d) any no Qualified Benefit Plan which is an ESOP as defined in Section 4975(e)(7) of the Code (an "ESOP Qualified Benefit Plan") is in material compliance with the applicable qualification requirements of Section 409 of the Code); (e) to the best knowledge of CNB Bancshares, any previously terminated Qualified Benefit Plan terminated within the last five years was terminated in material compliance with the requirements of ERISA and the Code, has received a favorable determination letter therefor, and the liabilities of such Qualified Benefit Plan and the requirements of the Pension Benefit Guaranty Corporation ("PBGC") were fully satisfied; and (f) to the best knowledge of CNB Bancshares, any and all amendments to the Qualified Benefit Plans not covered by an IRS determination letter should do not adversely affect the qualified and tax exempt status of such plans.