Common use of Standard Procedure Clause in Contracts

Standard Procedure. With respect to Transferred Employees eligible to receive a Form W-2 and pursuant to the “Standard Procedure” provided in Section 4 of Revenue Procedure 2004-53, 2004-2 C.B. 320, (a) the Buyer and the Seller shall report, or cause to be reported, on a predecessor/successor basis as set forth therein; (b) the Seller will not be relieved from filing a Form W-2 with respect to any Transferred Employees; and (c) the Buyer will undertake to file (or cause to be filed) a Form W-2 for each such Transferred Employee with respect to the portion of the year during which such Transferred Employee is employed by the Buyer or an Affiliate of the Buyer, excluding the portion of such year that such Transferred Employee was employed by the Seller.

Appears in 2 contracts

Samples: Asset Purchase Agreement (MACOM Technology Solutions Holdings, Inc.), Asset Purchase Agreement (Wolfspeed, Inc.)

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Standard Procedure. With respect to Transferred Employees eligible to receive a Form W-2 and pursuant to the “Standard Procedure” provided in Section 4 of Revenue Procedure 2004-532004‑53, 2004-2 2004‑2 C.B. 320, (a) the Buyer and the Seller shall report, or cause to be reported, report on a predecessor/successor basis as set forth therein; , (b) the Seller will not be relieved from filing a Form W-2 W‑2 with respect to any Transferred Employees; Employees and (c) the Buyer will undertake to file (or cause to be filed) a Form W-2 W‑2 for each such Transferred Employee with respect to the portion of the year during which such Transferred Employee is employed by the Buyer or an Affiliate of the Buyer, excluding the portion of such year that such Transferred Employee was employed by the Seller.

Appears in 2 contracts

Samples: Purchase Agreement (Cree Inc), Purchase Agreement (Cree Inc)

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Standard Procedure. With respect to Transferred Employees eligible to receive a Form W-2 and pursuant Pursuant to the “Standard Procedure” provided in Section 4 section 5 of Revenue Procedure 2004-53, 2004-2 C.B. 34 I.R.B. 320, (ai) the Buyer and the Seller shall report, or cause to be reported, report on a predecessor/successor basis as set forth therein; , (bii) the Seller will shall not be relieved from filing a Form W-2 with respect to any Transferred Employees; Employee employed by Seller prior to the Closing Date (but only with respect to sums earned prior to the Closing Date), and (ciii) the Buyer will undertake to file (or cause to be filed) a Form W-2 for each such Transferred Employee only with respect to the portion of the year during which such Transferred Employee is employed by Buyer that includes the Buyer or an Affiliate of the BuyerClosing Date, excluding the portion of such year that such Transferred Employee was employed by the Seller.

Appears in 1 contract

Samples: Asset Purchase Agreement (Northwest Pipe Co)

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