Common use of Qualified Status Clause in Contracts

Qualified Status. Except as disclosed in Exhibit 3.14(g) hereto, each Benefit Plan (other than a rabbi trust) that is funded through a trust or insurance contract has at all times satisfied in all material respects, by its terms and in its operation, all applicable requirements for an exemption from federal income taxation under the Internal Revenue Code. Except as specifically identified in Exhibit 3.14(g) hereto, neither the Company nor any ERISA Affiliate maintains or previously maintained a Benefit Plan which meets or was intended to meet the requirements of Section 401(a) of the Internal Revenue Code (each, a "Qualified Plan"). The most recent determination letter issued by the IRS with respect to each Benefit Plan which is a Qualified Plan, to the effect that such Plan qualifies under Section 401(a) of the Internal Revenue Code and that the related trust is exempt from taxation under Section 501(a) of the Internal Revenue Code remains in effect and has not been revoked. All Benefit Plans that are Qualified Plan(s) currently comply in form with the requirements under Section 401(a) of the Internal Revenue Code, other than changes required by statutes, regulations and rulings for which amendments are not yet required. Such Qualified Plan(s) have, in all material respects, been administered according to their terms (except for those terms which are inconsistent with the changes required by statutes, regulations, and rulings for which changes are not yet required to be made, in which case such Qualified Plan(s) have been administered, in all material respects, in accordance with the provisions of those statutes, regulations and rulings) and in accordance with the requirements of Section 401(a) of the Internal Revenue Code. Each Qualified Plan containing a cash or deferred arrangement under Section 401(k) of the Internal Revenue Code has been tested for compliance with, and has satisfied the requirements of, Sections 401(k)(3) and 401(m)(2) of the Internal Revenue Code for each plan year ending prior to the Closing Date.

Appears in 1 contract

Samples: Acquisition Agreement (Netbank Inc)

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Qualified Status. Except as disclosed in Exhibit 3.14(g) hereto, each Each CIS Benefit Plan (other than a rabbi trust) that is funded through a trust or insurance contract has at all times satisfied in all material respects, by its terms and in its operation, all applicable requirements for an exemption from federal income taxation under Section 501(a) of the Internal Revenue Code. Except as specifically identified in Exhibit 3.14(g) hereto, neither the Company Neither CIS nor any CIS ERISA Affiliate maintains or previously maintained a CIS Benefit Plan which meets or was intended to meet the requirements of Section 401(a) of the Internal Revenue Code (each, each a "Qualified 401 Plan"). The most recent Any determination letter issued by the IRS with respect to each Benefit Plan which is a Qualified Plan, to the effect that any such 401 Plan qualifies under Section 401(a) of the Internal Revenue Code and that the related trust is exempt from taxation under Section 501(a) of the Internal Revenue Code remains in effect and has not been revoked. All Benefit Plans that are Qualified Plan(s) Each such 401 Plan, if any, currently comply complies in form with the requirements under Section 401(a) of the Internal Revenue Code, other than changes required by statutes, regulations and rulings for which amendments are not yet required. Such Qualified Plan(s) haveEach such 401 Plan, in all material respectsif any, has been administered according to their its terms (except for those terms which are inconsistent with the changes required by statutes, regulations, regulations and rulings ruling for which changes are not yet required to be made, in which case any such Qualified Plan(s) have 401 Plan has been administered, in all material respects, administered in accordance with the provisions of those statutes, regulations and rulings) and in accordance with the requirements of Section 401(a) of the Internal Revenue Code. Each Qualified Plan containing a cash or deferred arrangement under Section 401(k) of the Internal Revenue Code such 401 Plan, if any, has been tested for compliance with, and has satisfied the requirements of, Sections Section 401(k)(3) and 401(m)(2) of the Internal Revenue Code for each plan year ending prior to the Closing Effective Date.

Appears in 1 contract

Samples: Merger Agreement (World Access Inc)

Qualified Status. Except as disclosed in Exhibit 3.14(g(S) hereto3(w)(vii) of the Disclosure Schedule, each Company Benefit Plan (other than a rabbi trust) that is funded through a trust or insurance contract has at all times satisfied in all material respects, by its terms and in its operation, all applicable requirements for an exemption from federal income taxation under (S) 501(a) of the Internal Revenue Code. Except as specifically identified disclosed in Exhibit 3.14(g(S) hereto3(w)(vii) of the Disclosure Schedule, neither the Company Company, nor any Company Subsidiary, nor any Company ERISA Affiliate maintains or previously maintained a Company Benefit Plan which meets or was intended to meet the requirements of Section (S) 401(a) of the Internal Revenue Code (eachcollectively, a "Company Qualified PlanPlans"). The most recent Each determination letter issued by the IRS with respect to each Benefit Plan which is a Qualified Plan, to the effect that such a Company Qualified Plan qualifies under Section (S) 401(a) of the Internal Revenue Code and that the related trust is exempt from taxation under Section (S) 501(a) of the Internal Revenue Code remains in effect and has not been revoked. All Benefit Plans that are Each Company Qualified Plan(s) Plan currently comply complies in form with the requirements under Section (S) 401(a) of the Internal Revenue Code, other than changes required by statutes, regulations and rulings for which amendments are not yet required. Such Each Company Qualified Plan(s) have, in all material respects, Plan has been administered according to their its terms (except for those terms which are inconsistent with the changes required by statutes, regulations, and rulings for which changes are not yet required to be made, in which case such the Company Qualified Plan(s) have Plan has been administered, in all material respects, administered in accordance with the provisions of those statutes, regulations and rulings) and in accordance with the requirements of Section (S) 401(a) of the Internal Revenue Code. Each Company Qualified Plan containing a cash or deferred arrangement under Section (S) 401(k) of the Internal Revenue Code or pursuant to which matching or employee contributions are permissible has been tested for compliance with, and has satisfied the requirements of, Sections (S)(S) 401(k)(3) and 401(m)(2) of the Internal Revenue Code for each plan year ending prior to the Closing Date.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Roper Industries Inc /De/)

Qualified Status. Except as disclosed in Exhibit 3.14(g) hereto, each ---------------- --------------- Benefit Plan (other than a rabbi trust) that is funded through a trust or insurance contract has at all times satisfied in all material respects, by its terms and in its operation, all applicable requirements for an exemption from federal income taxation under the Internal Revenue Code. Except as specifically identified in Exhibit 3.14(g) hereto, neither the Company nor any ERISA --------------- Affiliate maintains or previously maintained a Benefit Plan which meets or was intended to meet the requirements of Section 401(a) of the Internal Revenue Code (each, a "Qualified Plan"). The most recent determination letter issued by the IRS with respect to each Benefit Plan which is a Qualified Plan, to the effect that such Plan qualifies under Section 401(a) of the Internal Revenue Code and that the related trust is exempt from taxation under Section 501(a) of the Internal Revenue Code remains in effect and has not been revoked. All Benefit Plans that are Qualified Plan(s) currently comply in form with the requirements under Section 401(a) of the Internal Revenue Code, other than changes required by statutes, regulations and rulings for which amendments are not yet required. Such Qualified Plan(s) have, in all material respects, been administered according to their terms (except for those terms which are inconsistent with the changes required by statutes, regulations, and rulings for which changes are not yet required to be made, in which case such Qualified Plan(s) have been administered, in all material respects, in accordance with the provisions of those statutes, regulations and rulings) and in accordance with the requirements of Section 401(a) of the Internal Revenue Code. Each Qualified Plan containing a cash or deferred arrangement under Section 401(k) of the Internal Revenue Code has been tested for compliance with, and has satisfied the requirements of, Sections 401(k)(3) and 401(m)(2) of the Internal Revenue Code for each plan year ending prior to the Closing Date.

Appears in 1 contract

Samples: Acquisition Agreement (Republic Bancorp Inc)

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Qualified Status. Except as disclosed in Exhibit 3.14(g) hereto, each Each Supply Tech Benefit Plan (other than a rabbi trust) that is funded through a trust or insurance contract has at all times satisfied in all material respects, by its terms and in its operation, all applicable requirements for an exemption from federal income taxation under Section 501(a) of the Internal Revenue Code. Except for the plans identified as specifically identified qualified plans in Exhibit 3.14(gthe Supply Tech Disclosure Letter (the "Qualified Plans") hereto, neither the Company Supply Tech nor any Supply Tech ERISA Affiliate maintains or previously maintained a Supply Tech Benefit Plan which meets or was intended to meet the requirements of Section 401(a) of the Internal Revenue Code (eachCode. Except as would not have a Supply Tech Material Adverse Effect, a "Qualified Plan"). The most recent determination any determination, opinion or notification letter issued by the IRS with respect to each Benefit Plan which is a Qualified Plan, to the effect that such Plan qualifies the Qualified Plans qualify under Section 401(a) of the Internal Revenue Code and that the related trust is exempt from taxation under Section 501(a) of the Internal Revenue Code remains in effect and has not been revoked. All Benefit Each of the Qualified Plans that are Qualified Plan(s) currently comply complies in form in all material respects with the requirements under Section 401(a) of the Internal Revenue Code, other than changes required by statutes, regulations and rulings for which amendments are not yet required. Such Each of the Qualified Plan(s) have, in all material respects, Plans has been administered according to their its terms (except for those terms which are inconsistent with the changes required by statutes, regulations, and rulings for which changes are not yet required to be made, in which case such the Qualified Plan(s) Plans have been administered, in all material respects, administered in accordance with the provisions of those statutes, regulations and rulings) and in accordance with the requirements of Section 401(a) of the Internal Revenue Code. Each The Qualified Plan containing a cash or deferred arrangement under Section 401(k) of the Internal Revenue Code has Plans have been tested for compliance with, and has in all material respects have satisfied the requirements of, Sections Section 401(k)(3) and 401(m)(2) of the Internal Revenue Code Code, if applicable, for each plan year ending prior to within the Closing Datetime periods permitted by law.

Appears in 1 contract

Samples: Merger Agreement (Harbinger Corp)

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