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

Termination of 401(k) Plans. Unless Parent has explicitly instructed otherwise pursuant to Section 5.7 hereof, Parent shall have received from the Company evidence satisfactory to Parent that all 401(k) Plans have been terminated pursuant to resolution of the Board of Directors of the Company or the ERISA Affiliate, as the case may be, (the form and substance of which shall have been subject to review and approval of Parent), effective as of no later than the day immediately preceding the Closing Date, and Parent shall have received from the Company evidence of the taking of any and all further actions as provided in Section 5.7 hereof.

Termination of 401(k) Plans. Unless Parent has explicitly instructed otherwise pursuant to Section 5.7 hereofotherwise, Parent shall have received from the Company shall deliver evidence reasonably satisfactory to Parent that all 401(k) Plans have been terminated pursuant to resolution of the Board of Directors of the Company or the ERISA Affiliate, as the case may be, (the form and substance of which shall have been subject to review and approval of Parent), effective as of no later than the day immediately preceding the Closing Date, and Parent shall have received from the Company evidence of the taking of any and all further actions as provided in Section 5.7 hereof.

Termination of 401(k) Plans. Unless Parent has explicitly instructed otherwise pursuant to Section 5.7 hereof4.6 of this Agreement, Parent shall have received from the Company evidence reasonably satisfactory to Parent that all 401(k) Plans have been terminated pursuant to resolution of the Board of Directors of the Company or the ERISA Affiliate, as the case may be, be (the form and substance of which shall have been subject to the reasonable review and approval of Parent), effective as of no later than the day immediately preceding the Closing Date, and Parent shall have received from the Company evidence of the taking of any and all further actions as provided in Section 5.7 hereof.

Termination of 401(k) Plans. Unless Parent has explicitly otherwise instructed otherwise the Company pursuant to Section 5.7 5.18 hereof, Parent shall have received from the Company evidence satisfactory reasonably acceptable to Parent that all 401(k) Plans have been terminated pursuant to resolution of the Board of Directors of the Company Company, each of its Subsidiaries or the ERISA Affiliate, as the case may be, be (the form and substance of which shall have been subject to review and approval of Parent), effective as of no later than the day immediately preceding the Closing Date, and Parent shall have received from the Company evidence of the taking of any and all further actions as provided in Section 5.7 hereof.

Termination of 401(k) Plans. Unless Parent has explicitly otherwise instructed otherwise the Company pursuant to Section 5.7 5.20 hereof, Parent shall have received from the Company evidence satisfactory reasonably acceptable to Parent that all 401(k) Plans have been terminated pursuant to resolution of the Board of Directors of the Company Company, each of its Subsidiaries or the ERISA Affiliate, as the case may be, be (the form and substance of which shall have been subject to review and approval of Parent), effective as of no later than the day immediately preceding the Closing Date, and Parent shall have received from the Company evidence of the taking of any and all further actions as provided in Section 5.7 hereof.

Termination of 401(k) Plans. Unless Parent has explicitly instructed otherwise pursuant to Section 5.7 hereofIf so requested by Parent, Parent shall have received from the Company evidence reasonably satisfactory to Parent that all 401(k) Plans have been terminated pursuant to resolution of the Board of Directors of the Company or the ERISA Affiliate, as the case may be, (the form and substance of which shall have been subject to review and approval of Parent), effective as of no later than the day immediately preceding the Closing Date, and Parent shall have received from the Company evidence of the taking of any and all further actions as provided in Section 5.7 hereof.

Termination of 401(k) Plans. Unless Parent has explicitly instructed otherwise pursuant to Section 5.7 hereof4.6 of this Agreement, Parent shall have received from the Company evidence reasonably satisfactory to Parent that all 401(k) Plans have been terminated pursuant to resolution of the Board of Directors of the Company or the ERISA Affiliate, as the case may be, (the form and substance of which shall have been subject to review and approval of Parent), effective as of no later than the day immediately preceding the Closing Date, and Parent shall have received from the Company evidence of the taking of any and all further actions as provided in Section 5.7 hereof4.6 of this Agreement.

Termination of 401(k) Plans. Unless Parent has explicitly instructed otherwise pursuant to Section 5.7 hereof, Parent shall have received from Resolutions approved by the Company evidence satisfactory to Parent that all 401(k) Plans have been terminated pursuant to resolution Board (and of the Board of Directors any necessary applicable committee of the Company or the ERISA AffiliateBoard), as the case may be, (the in form and substance of which shall have been subject reasonably satisfactory to review and approval of Parent), terminating any 401(k) Plan sponsored or maintained by the Company effective as of no later than the day immediately preceding before the Closing Date, and Parent shall have received from without any continuing rights of any current or former employee of the Company evidence of the taking of any and all further actions as provided in Section 5.7 hereof.thereunder;

Termination of 401(k) Plans. Unless Parent has explicitly otherwise instructed otherwise the Company pursuant to Section 5.7 6.17 hereof, Parent shall have received from the Company evidence satisfactory reasonably acceptable to Parent that all 401(k) Plans have been terminated pursuant to resolution of the Board of Directors of the Company or the ERISA Affiliate, as the case may be, be (the form and substance of which shall have been subject to review and approval of Parent), effective as of no later than the day Business Day immediately preceding the Closing Date, and Parent shall have received from the Company evidence of the taking of any and all further actions as provided in Section 5.7 hereof.

Termination of 401(k) Plans. Unless Parent has explicitly instructed otherwise pursuant to Section 5.7 hereof, Parent shall have received from the Company evidence reasonably satisfactory to Parent that all 401(k) Plans have been terminated pursuant to resolution of the Board of Directors of the Company or the ERISA Affiliate, as the case may be, (the form and substance of which shall have been subject to review and approval of Parent), effective as of no later than the day immediately preceding the Closing Date, and Parent shall have received from the Company evidence of the taking of any and all further actions as provided in Section 5.7 hereof.

Termination of 401(k) Plans. Unless Parent has explicitly instructed otherwise pursuant to Section 5.7 5.12 hereof, Parent shall have received from the Company evidence reasonably satisfactory to Parent that all 401(k) Plans have been terminated pursuant to resolution of the Board of Directors of the Company or the ERISA AffiliateCompany Subsidiary, as the case may be, (the form and substance of which shall have been subject to review and approval of Parent), effective as of no later than the day immediately preceding the Closing Date, and Parent shall have received from the Company evidence of the taking of any and all further actions as provided in Section 5.7 5.12 hereof.

Termination of 401(k) Plans. Unless Parent has explicitly instructed otherwise pursuant to Section 5.7 hereof5.5 of this Agreement, Parent shall have received from the Company evidence reasonably satisfactory to Parent that all 401(k) Plans have been terminated pursuant to resolution of the Board of Directors of the Company or the ERISA Affiliate, as the case may be, (the form and substance of which shall have been subject to review and approval of Parent), effective as of no later than the day immediately preceding the Closing Date, and Parent shall have received from the Company evidence of the taking of any and all further actions as provided in Section 5.7 hereof5.5 of this Agreement.

Termination of 401(k) Plans. Unless Parent has explicitly instructed otherwise pursuant to Section 5.7 hereofIf so requested by Parent, Parent shall have received from the Company evidence reasonably satisfactory to Parent that all 401(k) Plans have been terminated pursuant to resolution of the Board of Directors of the Company or the ERISA 63 Affiliate, as the case may be, (the form and substance of which shall have been subject to review and approval of Parent), effective as of no later than the day immediately preceding the Closing Date, and Parent shall have received from the Company evidence of the taking of any and all further actions as provided in Section 5.7 hereof.