Common use of Retirement Savings Plans Clause in Contracts

Retirement Savings Plans. (1)(i) Midas shall, as of a date which is on or prior to the Distribution Date ("RSP EFFECTIVE DATE"), establish two defined contribution plans and related trust(s) with a trustee designated by Midas (respectively referred to below as the "MIDAS RSP PLANS" and "MIDAS RSP TRUST") substantially similar to the Xxxxxxx Corporation Retirement Savings Plan and the Xxxxxxx Corporation Master Retirement Savings Plan (with the exception that on and after the Distribution Date instead of a Xxxxxxx Common Stock fund in both there will be offered a Midas Common Stock fund) and the Xxxxxxx Corporation Defined Contribution Master Trust (respectively referred to below as the "XXXXXXX RSP PLANS" and the "XXXXXXX RSP TRUST") covering, among others, each and every Midas Separated Employee or beneficiary thereof who, on or prior to the RSP Effective Date, is either a participant or a beneficiary, respectively, in either of the Xxxxxxx RSP Plans who has or has accrued a right to an account balance in either of the Xxxxxxx RSP Plans (such persons are referred to as "MIDAS PARTICIPANTS"). Each of the Midas RSP Plans and the Midas RSP Trust shall, effective as of the RSP Effective Date, assume all Liabilities whatsoever arising (before, on or after the RSP Effective Date) under each of the respective Xxxxxxx RSP Plans and the respective portion of the Xxxxxxx RSP Trust with respect to Midas Participants.

Retirement Savings Plans. (1)(i) Midas shall, as of a date which is on or prior to the Distribution Date ("RSP EFFECTIVE DATEEffective Date"), establish two defined contribution plans and related trust(s) with a trustee designated by Midas (respectively referred to below as the "MIDAS Midas RSP PLANSPlans" and "MIDAS Midas RSP TRUSTTrust") substantially similar to the Xxxxxxx Corporation Retirement Savings Plan and the Xxxxxxx Corporation Master Retirement Savings Plan (with the exception that on and after the Distribution Date instead of a Xxxxxxx Common Stock fund in both there will be offered a Midas Common Stock fund) and the Xxxxxxx Corporation Defined Contribution Master Trust (respectively referred to below as the "XXXXXXX Xxxxxxx RSP PLANSPlans" and the "XXXXXXX Xxxxxxx RSP TRUSTTrust") covering, among others, each and every Midas Separated Employee or beneficiary thereof who, on or prior to the RSP Effective Date, is either a participant or a beneficiary, respectively, in either of the Xxxxxxx RSP Plans who has or has accrued a right to an account balance in either of the Xxxxxxx RSP Plans (such persons are referred to as "MIDAS PARTICIPANTSMidas Participants"). Each of the Midas RSP Plans and the Midas RSP Trust shall, effective as of the RSP Effective Date, assume all Liabilities whatsoever arising (before, on or after the RSP Effective Date) under each of the respective Xxxxxxx RSP Plans and the respective portion of the Xxxxxxx RSP Trust with respect to Midas Participants.

Retirement Savings Plans. (1)(i) Midas Hussmann shall, as of a date which is on or prior to the Distribution Date ("RSP EFFECTIVE DATE"), establish two defined contribution plans and related trust(s) with a trustee designated by Midas Hussmann (respectively referred to below as the "MIDAS HUSSMANN RSP PLANS" and "MIDAS HUSSMANN RSP TRUST") substantially similar to the Xxxxxxx Corporation Retirement Savings Plan and the Xxxxxxx Corporation Master Retirement Savings Plan (with the exception that on and after the Distribution Date instead of a Xxxxxxx Common Stock fund in both there will be offered a Midas Hussmann Common Stock fund) and the Xxxxxxx Corporation Defined Contribution Master Trust (respectively referred to below as the "XXXXXXX RSP PLANS" and the "XXXXXXX RSP TRUST") covering, among others, each and every Midas Hussmann Separated Employee or beneficiary thereof who, on or prior to the RSP Effective Date, is either a participant or a beneficiary, respectively, in either of the Xxxxxxx RSP Plans who has or has accrued a right to an account balance in either of the Xxxxxxx RSP Plans (such persons are referred to as "MIDAS HUSSMANN PARTICIPANTS"). Each of the Midas Hussmann RSP Plans and the Midas Hussmann RSP Trust shall, effective as of the RSP Effective Date, assume all Liabilities whatsoever arising (before, on or after the RSP Effective Date) under each of the respective Xxxxxxx RSP Plans and the respective portion of the Xxxxxxx RSP Trust with respect to Midas Hussmann Participants.

Retirement Savings Plans. (1)(i) Midas Hussmann shall, as of a date which is on or prior to the Distribution Date ("RSP EFFECTIVE DATEEffective Date"), establish two defined contribution plans and related trust(s) with a trustee designated by Midas Hussmann (respectively referred to below as the "MIDAS Hussmann RSP PLANSPlans" and "MIDAS Hussmann RSP TRUSTTrust") substantially similar to the Xxxxxxx Corporation Retirement Savings Plan and the Xxxxxxx Corporation Master Retirement Savings Plan (with the exception that on and after the Distribution Date instead of a Xxxxxxx Common Stock fund in both there will be offered a Midas Hussmann Common Stock fund) and the Xxxxxxx Corporation Defined Contribution Master Trust (respectively referred to below as the "XXXXXXX Xxxxxxx RSP PLANSPlans" and the "XXXXXXX Xxxxxxx RSP TRUSTTrust") covering, among others, each and every Midas Hussmann Separated Employee or beneficiary thereof who, on or prior to the RSP Effective Date, is either a participant or a beneficiary, respectively, in either of the Xxxxxxx RSP Plans who has or has accrued a right to an account balance in either of the Xxxxxxx RSP Plans (such persons are referred to as "MIDAS PARTICIPANTSHussmann Participants"). Each of the Midas Hussmann RSP Plans and the Midas Hussmann RSP Trust shall, effective as of the RSP Effective Date, assume all Liabilities whatsoever arising (before, on or after the RSP Effective Date) under each of the respective Xxxxxxx RSP Plans and the respective portion of the Xxxxxxx RSP Trust with respect to Midas Hussmann Participants.