Common use of Termination of 401(k) Plan Clause in Contracts

Termination of 401(k) Plan. The Company agrees to terminate its 401(k) plan immediately prior to the Closing, unless Parent, in its sole and absolute discretion, agrees to sponsor and maintain such plan by providing the Company with notice of such election at least five days before the Effective Time.

Termination of 401(k) Plan. The To the extent requested by Parent, the Company agrees to terminate shall ensure that its Profit Sharing/401(k) Plan (the "401(k) plan Plan") shall be terminated immediately prior to the Closing, unless Parent, in its sole and absolute discretion, agrees to sponsor and maintain such plan by providing the Company with notice of such election at least five days before the Effective Time. The parties agree that a determination letter shall be filed with the Internal Revenue Service with respect to the termination of the 401(k) Plan after the Closing Date.

Termination of 401(k) Plan. The Company agrees to terminate shall have terminated its 401(k) plan (the “401(k) Plan”) by proper Company action and in a form approved by Parent, effective no later than the day immediately prior preceding the Closing Date. Notwithstanding anything in this Agreement or the 401(k) Plan to the Closingcontrary, unless Parenton or before the Closing Date, in its sole and absolute discretion, agrees to sponsor and maintain such plan by providing the Company with notice of such election at least five days before shall contribute all employer contributions (including matching contributions) payable under the Effective Time401(k) Plan.

Termination of 401(k) Plan. The Upon the written request by Parent to the Company agrees to terminate its 401(k) plan immediately at least three days prior to the Closing, unless Parent, in its sole and absolute discretion, agrees to sponsor and maintain such plan by providing (i) the Company shall terminate, effective prior to the Closing, the “401(k)” retirement plan sponsored by the Company (“401(k) Plan”), and (ii) the Company shall provide Parent with notice of evidence reasonably acceptable to Parent that the Company has taken all actions necessary and appropriate to terminate such election at least five days before 401(k) Plan effective prior to the Effective TimeClosing.

Termination of 401(k) Plan. The Company agrees to terminate its 401(k) plan immediately Unless Parent shall designate otherwise prior to the Closing, unless Parent, in its sole and absolute discretion, agrees to sponsor and maintain such plan by providing the Company shall terminate its existing 401(k) plan prior to the Closing in accordance with notice of such election at least five days before the Effective Timeits terms and applicable law.

Termination of 401(k) Plan. The If so requested by Parent, the Company agrees to shall terminate its any Company 401(k) plan immediately Plan effective as of the day prior to the Closing, unless Parent, in its sole and absolute discretion, agrees to sponsor and maintain such plan by providing the Company with notice of such election at least five days before the Effective Time.

Termination of 401(k) Plan. The Company agrees to terminate cause its 401(k) plan immediately prior to terminate as of two days preceding the Closing Date. Parent shall, consistent with the terms of its 401(k) plan, use commercially reasonable efforts to allow employees of the Company to participate in its 401(k) plan and to transfer funds (to the Closing, unless extent requested by employees) held in employee's accounts in the Company's 401(k) plan to Parent, in its sole and absolute discretion, agrees to sponsor and maintain such plan by providing the Company with notice of such election at least five days before the Effective Time's 401(k) plan.

Termination of 401(k) Plan. The Company agrees to will terminate its 401(k) plan immediately prior to plan, effective as of the ClosingEffective Time and contingent upon the consummation of the Merger, unless Parent, in its sole and absolute discretion, agrees to sponsor and maintain such plan as reasonably directed by providing the Company with notice of such election Parent upon at least five days before the Effective Time5 Business Days’ notice.

Termination of 401(k) Plan. The Company agrees to terminate its 401(k) plan immediately prior to the Closing, unless Parent, in its sole and absolute discretion, discretion agrees to sponsor and maintain such plan by providing the Company with notice of such election at as least five ten (10) days before the Effective Time.