Termination of 401(k) Plan. If requested by Acquiror in writing at least five business days before the Closing Date, the Company shall terminate any and all 401(k) plans sponsored or maintained by the Company or any of its Subsidiaries, and prior to the Closing Date shall provide evidence to Acquiror of such termination pursuant to resolutions of its Board of Directors.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Affymetrix Inc), Merger Agreement (Affymetrix Inc)
Termination of 401(k) Plan. If requested by Acquiror in writing The Company shall have terminated the 401(k) Plan effective at least five business days before the Closing Date, the Company shall terminate any and all 401(k) plans sponsored or maintained by the Company or any of its Subsidiaries, and one day prior to the Closing Date and all contributions payable to the 401(k) Plan shall provide evidence have been made. The Company shall have provided to Acquiror of such termination pursuant to Parent executed resolutions of its the Board of DirectorsDirectors of the Company authorizing the termination of the 401(k) Plan.
Appears in 1 contract
Termination of 401(k) Plan. If requested by Acquiror in writing at least Upon the Buyer’s written request made not later than five business days before the Closing Date(5) Business Days prior to Closing, the Company shall adopt resolutions to terminate any and all Company Plans intended to qualify under Section 401(k) plans sponsored or maintained by of the Company Code, or any of its Subsidiariessuccessor statute, and prior to effective not later than the day immediately preceding the Closing Date shall provide evidence to Acquiror of such termination pursuant to resolutions of its Board of DirectorsDate.
Appears in 1 contract
Samples: Merger Agreement (Medicines Co /De)
Termination of 401(k) Plan. If requested by Acquiror in writing at least five business days The Company shall take all actions as are necessary to terminate the Company’s 401(k) Plan (the “Company 401(k) Plan”), effective as of the day before the Closing Date, the . The Company shall terminate any and all 401(k) plans sponsored or maintained by the Company or any of its Subsidiaries, and prior provide to the Closing Date shall provide evidence Purchaser copies of the corporate actions to Acquiror effect the termination of such termination pursuant to resolutions of its Board of Directorsplan at least three (3) Business Days before their adoption for the Purchaser’s reasonable review and comment.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Caci International Inc /De/)
Termination of 401(k) Plan. If requested by Acquiror in writing at least five business days before Prior to the Closing DateClosing, the Company shall terminate any and all Company Plans intended to qualify under Section 401(k) of the Code, or any successor statute, effective not later than the day immediately preceding the Closing Date. Upon the termination of such plans pursuant to this Section 5.13, the Company shall provide the Buyer with evidence that such 401(k) plans sponsored or maintained by have been terminated pursuant to resolution of the Company or any Company’s board of its Subsidiaries, and prior to directors not later than the day immediately preceding the Closing Date shall provide evidence to Acquiror of such termination pursuant to resolutions of its Board of DirectorsDate.
Appears in 1 contract
Samples: Stock Purchase Agreement (Casella Waste Systems Inc)
Termination of 401(k) Plan. If requested by Acquiror in writing at least five business days before Upon the Closing DateBuyer’s written request, prior to Closing, the Company shall terminate any and all Company Benefit Plans intended to qualify under Section 401(k) of the Code, or any successor statute, effective not later than the day immediately preceding the Closing Date. Upon the termination of such plans, the Company shall provide the Buyer with evidence that such 401(k) plans sponsored or maintained by have been terminated pursuant to resolution of the Company or any Company’s board of its Subsidiaries, and prior to directors not later than the day immediately preceding the Closing Date shall provide evidence to Acquiror of such termination pursuant to resolutions of its Board of DirectorsDate.
Appears in 1 contract
Termination of 401(k) Plan. If requested by Acquiror in writing at least five business days before Upon the Closing DateBuyer’s written request, prior to Closing, the Company shall terminate any and all Company Plans intended to qualify under Section 401(k) of the Code, or any successor statute, prospectively effective not later than the day immediately preceding the Closing Date. Upon the termination of such plans, the Company shall provide the Buyer with evidence that such 401(k) plans sponsored or maintained by have been terminated pursuant to resolution of the Company or any Company’s board of its Subsidiaries, and prior to directors not later than the day immediately preceding the Closing Date shall provide evidence to Acquiror of such termination pursuant to resolutions of its Board of DirectorsDate.
Appears in 1 contract
Samples: Merger Agreement (Demandware Inc)
Termination of 401(k) Plan. If requested by Acquiror in writing at least five business days before Upon the Closing DateBuyer’s written request, prior to Closing, the Company shall terminate any and all Company Plans intended to qualify under Section 401(k) of the Code, or any successor statute, effective not later than the day immediately preceding the Closing Date. Upon the termination of such plans, the Company shall provide the Buyer with evidence that such 401(k) plans sponsored or maintained by have been terminated pursuant to resolution of the Company or any Company’s board of its Subsidiaries, and prior to directors not later than the day immediately preceding the Closing Date shall provide evidence to Acquiror of such termination pursuant to resolutions of its Board of DirectorsDate.
Appears in 1 contract
Termination of 401(k) Plan. If requested by Acquiror in writing at least five business days before Upon the Closing DateBuyer’s written request, prior to Closing, the Company shall terminate any and all Company Plans intended to qualify under Section 401(k) of the Code, or any successor statute, effective not later than the day immediately preceding the Closing Date. Upon the termination of such plans, the Company shall provide the Parent and the Buyer with evidence that such 401(k) plans sponsored or maintained by have been terminated pursuant to resolution of the Company or any Company’s board of its Subsidiaries, and prior to directors not later than the day immediately preceding the Closing Date shall provide evidence to Acquiror of such termination pursuant to resolutions of its Board of DirectorsDate.
Appears in 1 contract