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

Termination of 401(k) Plan. The Company’s board of directors shall adopt resolutions terminating, effective as of one day prior to the Closing, any Company plan qualified under Section 401(a) of the Code and containing a Code Section 401(k) cash or deferred arrangement.

Termination of 401(k) Plan. The Company’s board of directors Company shall adopt resolutions terminatingterminate, effective as of one (1) day prior to the Closing, any Company plan qualified Plan that contains a cash or deferred arrangement intended to qualify under Section 401(a401(k) of the Code and containing a Code Section (the “401(k) cash Plans”). On or deferred arrangementbefore the Closing Date, the Company shall provide Parent with evidence that the Company Board has adopted resolutions to terminate the 401(k) Plans.

Termination of 401(k) Plan. The Company’s If requested by Acquirer, the Company shall have provided to Acquirer (i) executed resolutions of the board of directors shall adopt resolutions terminating, effective as of one day the Company terminating any 401(b) Plan prior to the Closing, Effective Time; and (ii) an executed amendment to any Company plan qualified under Section 401(a401(k) Plan prior to termination sufficient to maintain the qualification of the 401(k) Plan in form with the applicable requirements of the Code and containing a Code Section 401(k) cash or deferred arrangementregulations thereunder.

Termination of 401(k) Plan. The Company’s board of directors Company shall adopt resolutions terminating, effective as of one day prior terminate any and all Company Employee Plans intended to the Closing, any Company plan qualified under Section 401(a) of the Code and containing include a Code Section 401(k) cash or deferred arrangementarrangement (a “Company 401(k) Plan”). The Company shall provide Parent with evidence that such Company 401(k) Plan(s) have been terminated (effective no later than the day immediately preceding the Closing Date) pursuant to resolutions of the Company’s Board of Directors. The form and substance of such resolutions shall be subject to reasonable review and approval of Parent.

Termination of 401(k) Plan. The Company’s board of directors shall adopt resolutions terminating, effective Effective as of one no later than the day prior immediately preceding the Closing Date, the Company shall terminate any and all Company Employee Plans intended to the Closing, any Company plan qualified under Section 401(a) of the Code and containing include a Code Section 401(k) cash or deferred arrangementarrangement (each, a “401(k) Plan”) pursuant to resolutions of the Board of Directors of the Company. The form and substance of such resolutions shall be subject to review and approval of Parent. The Company shall also take such other actions in furtherance of terminating the 401(k) Plans as Parent may reasonably require.

Termination of 401(k) Plan. The Company’s board of directors of the Company shall adopt resolutions terminating, have adopted a resolution terminating the Company’s existing 401(k) plan contingent upon the Closing and effective as of one the day immediately prior to the Closing, any Company plan qualified under Section 401(a) of the Code and containing a Code Section 401(k) cash or deferred arrangementClosing Date.

Termination of 401(k) Plan. The Company’s Company shall have provided to Parent (i) executed resolutions of the board of directors shall adopt resolutions terminating, effective as of one day the Company authorizing the termination prior to Closing of any 401(k) Plan maintained by the Closing, Company and (ii) an executed amendment to any Company plan qualified under Section 401(asuch 401(k) Plan sufficient to assure compliance with all applicable requirements of the Code and containing a Code Section regulations thereunder so that the tax-qualified status of any such 401(k) cash or deferred arrangementPlan will be maintained at the time of termination of such Plan.

Termination of 401(k) Plan. The Company’s board of directors Company shall adopt resolutions terminatingtake (or cause to be taken) all actions necessary or appropriate to terminate, effective as of one (1) day prior to the Closing, any Company plan qualified Plan that contains a cash or deferred arrangement intended to qualify under Section 401(a401(k) of the Code and containing a Code Section (the “401(k) cash or deferred arrangement.Plans”). Parent has received from the Company evidence that the Company Board has adopted resolutions to terminate the 401(k)

Termination of 401(k) Plan. The Company’s board Company shall have adopted resolutions to effect the termination of directors shall adopt resolutions terminatingthe Company 401(k) Plan, with such termination effective as of one on the day immediately prior to the Closing Date but contingent on the Closing, any Company plan qualified under Section 401(a) of the Code and containing a Code Section 401(k) cash or deferred arrangement.

Termination of 401(k) Plan. The Board of Directors of the Company shall have adopted resolutions terminating the Company’s board of directors shall adopt resolutions terminating, effective as of one day 401(k) Plan no later than immediately prior to Closing and the Closing, any Company plan qualified under Section 401(a) shall have taken such action as is necessary to effect the termination of the Code and containing a Code Section Company’s 401(k) cash or deferred arrangementPlan in accordance therewith.