Common use of Seller's Retirement and Savings Plans Clause in Contracts

Seller's Retirement and Savings Plans. (i) All Hired Active Employees who are participants in Seller's retirement plans shall retain their accrued benefits under Seller's retirement plans as of the Closing Date, and Seller (or Seller's retirement plans) shall retain sole liability for the payment of such benefits as and when such Hired Active Employees become eligible therefor under such plans. All Hired Active Employees shall become fully vested in their accrued benefits under Seller's retirement plans as of the Closing Date, and Seller will so amend such plans if necessary to achieve this result. Seller shall cause the assets of each Employee Plan to equal or exceed the benefit liabilities of such Employee Plan on a plan-termination basis as of the Effective Time.

Appears in 12 contracts

Samples: Asset Purchase Agreement (Age Research Inc), Asset Purchase Agreement (Aberdeen Idaho Mining Co), Asset Purchase Agreement (Aberdeen Idaho Mining Co)

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Seller's Retirement and Savings Plans. (i) All Hired Active Employees who are participants in Seller's ’s retirement plans shall retain their accrued benefits under Seller's ’s retirement plans as of the Closing Date, and Seller (or Seller's ’s retirement plans) shall retain sole liability for the payment of such benefits as and when such Hired Active Employees become eligible therefor under such plans. All Hired Active Employees shall become fully vested in their accrued benefits under Seller's ’s retirement plans as of the Closing Date, and Seller will so amend such plans if necessary to achieve this result. Seller shall cause the assets of each Employee Plan to equal or exceed the benefit liabilities of such Employee Plan on a plan-termination basis as of the Effective Time.

Appears in 3 contracts

Samples: Asset Purchase Agreement (LOCAL.COM), Asset Purchase Agreement (DigitalPost Interactive, Inc.), Asset Purchase Agreement (MBI Financial, Inc.)

Seller's Retirement and Savings Plans. (i) All Hired Active Employees who are participants in Seller's Sellers’ retirement plans shall retain their accrued benefits under Seller's Sellers’ retirement plans as of the Closing Date, and Seller Sellers (or Seller's Sellers’ retirement plans) shall retain sole liability for the payment of such benefits as and when such Hired Active Employees become eligible therefor under such plans. All Hired Active Employees shall become fully vested in their accrued benefits under Seller's Sellers’ retirement plans as of the Closing Date, and Seller Sellers will so amend such plans if necessary to achieve this result. Seller Sellers shall cause the assets of each Employee Plan to equal or exceed the benefit liabilities of such Employee Plan on a plan-termination basis as of the Effective Time.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Schawk Inc), Asset Purchase Agreement (Joy Global Inc)

Seller's Retirement and Savings Plans. (i) All Hired Active Employees who are participants in Seller's retirement plans shall retain their accrued benefits under SellerXxxxxx's retirement plans as of the Closing Date, and Seller (or Seller's retirement plans) shall retain sole liability for the payment of such benefits as and when such Hired Active Employees become eligible therefor under such plans. All Hired Active Employees shall become fully vested in their accrued benefits under SellerXxxxxx's retirement plans as of the Closing Date, and Seller will so amend such plans if necessary to achieve this result. Seller shall cause the assets of each Employee Plan to equal or exceed the benefit liabilities of such Employee Plan on a plan-termination basis as of the Effective Time.

Appears in 1 contract

Samples: Asset Purchase Agreement

Seller's Retirement and Savings Plans. (i) All Hired Active Employees who are participants in Seller's ’s retirement plans shall retain their accrued benefits under Seller's ’s retirement plans as of the Closing DateBuyer’s hiring date, and Seller (or Seller's ’s retirement plans) shall retain sole liability for the payment of such benefits as and when such Hired Active Employees become eligible therefor under such plans. All Hired Active Employees shall become fully vested in their accrued benefits under Seller's ’s retirement plans as of the Closing Date, and Seller will so amend such plans if necessary to achieve this result. Seller shall cause the assets of each Employee Plan to equal or exceed the benefit liabilities of such Employee Plan on a plan-termination basis as of the Effective Time.

Appears in 1 contract

Samples: Asset Purchase Agreement (cbdMD, Inc.)

Seller's Retirement and Savings Plans. (i) All Hired Active Employees who are participants in Seller's either of Sellers retirement plans shall retain their accrued benefits under Seller's Sellers' retirement plans as of the Closing Date, and Seller Sellers (or Seller's Sellers' retirement plans) shall retain sole liability for the payment of such benefits as and when such Hired Active Employees become eligible therefor under such plans. All Hired Active Employees shall become fully vested in their accrued benefits under Seller's Sellers retirement plans as of the Closing Date, and Seller Sellers will so amend such plans if necessary to achieve this result. Seller Sellers shall cause the assets of each Employee Plan to equal or exceed the benefit liabilities of such Employee Plan on a plan-termination basis as of the Effective Time.

Appears in 1 contract

Samples: Asset Purchase Agreement (Radnor Holdings Corp)

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Seller's Retirement and Savings Plans. (i) All Hired Active Employees who are participants in Seller's retirement plans shall retain their accrued benefits under Seller's retirement plans as of the Closing Date, and Seller (or Seller's retirement plans) shall retain sole liability for the payment of such benefits as and when such Hired Active Employees become eligible therefor under such plans. All Hired Active Employees shall become fully vested in their accrued benefits under Seller's retirement plans as of the Closing Date, and Seller will so amend such plans if necessary to achieve this result. Seller shall cause the assets of each Employee Plan to equal or exceed the benefit liabilities of such Employee Plan on a plan-termination basis as of the Effective TimeClosing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (Tarpon Industries, Inc.)

Seller's Retirement and Savings Plans. (i) All Hired Active Employees who are participants in Seller's ’s retirement plans shall retain their accrued benefits under Seller's ’s retirement plans as of the Closing Date, and Seller (or Seller's ’s retirement plans) shall retain sole liability for the payment of such benefits as and when such Hired Active Employees become eligible therefor under such plans. All Hired Active Employees shall become fully vested in their accrued benefits under Seller's ’s retirement plans as of the Closing Date, and Seller will so amend such plans if necessary to achieve this result. Seller shall cause the assets of each Employee Plan to equal or exceed the benefit liabilities of such Employee Plan on a plan-termination basis as of the Effective TimeClosing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (Franklin Covey Co)

Seller's Retirement and Savings Plans. (i) All Hired Active Employees who are participants in Seller's ’s retirement plans shall retain their accrued benefits under Seller's ’s retirement plans as of the Closing Date, and Seller (or Seller's ’s retirement plans) shall retain sole liability for the payment of such benefits as and when such Hired Active Employees become eligible therefor under such plans. All Hired Active Employees shall become fully vested in their accrued benefits under Seller's ’s retirement plans as of the Closing Date, and Seller will so amend such plans if necessary to achieve this result. Seller shall cause the assets of each Employee Plan to equal or exceed the benefit liabilities of such Employee Plan on a plan-termination basis as of the Effective Time.

Appears in 1 contract

Samples: Asset Purchase Agreement (Widepoint Corp)

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