Common use of Termination of All Plans Clause in Contracts

Termination of All Plans. The Plan may be terminated and liquidated at any time provided that: (i) The termination and liquidation does not occur proximate to a downturn in the financial health of the Company or applicable Participating Employer. (ii) All agreements, methods, programs, and other arrangements sponsored by the Company that would be aggregated with any terminated and liquidated agreements, methods, programs, and other arrangement under Treasury Regulation §1.409A-1(c) if the same Participant had deferrals of compensation under all of the agreements, methods, programs, and other arrangements that are terminated and liquidated; (iii) No payments are made other than payments that would be payable under the terms of the plans if the termination and liquidation had not occurred are made within 12 months of the termination date; (iv) All payments are made within 24 months of the date the Company takes all necessary action to irrevocably terminate and liquidate the plan; and (v) The Company does not adopt a new arrangement that would be aggregated with the plan under Treasury Regulation §1.409A-1(c) provision for the deferral of compensation at any time within 3 years following the date of termination of the Plan.

Appears in 3 contracts

Samples: Adoption Agreement (AVITA Medical, Inc.), Deferred Compensation Plan (Beacon Roofing Supply Inc), Adoption Agreement (Royal Gold Inc)

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Termination of All Plans. The Plan may be terminated and liquidated at any time provided that: (i) The termination and liquidation does not occur proximate to a downturn in the financial health of the Company or applicable Participating Employer.; (ii) All agreements, methods, programs, and other arrangements sponsored by the Company that would be aggregated with any terminated and liquidated agreements, methods, programs, and other arrangement under Treasury Regulation §Treas. Reg. section 1.409A-1(c) if the same Participant had deferrals of compensation under all of the agreements, methods, programs, and other arrangements that are terminated and liquidated; (iii) No payments are made other than payments that would be payable under the terms of the plans if the termination and liquidation had not occurred are made within 12 months of the termination date; (iv) All payments are made within 24 months of the date the Company takes all necessary action to irrevocably terminate and liquidate the plan; and (v) The Company does not adopt a new arrangement that would be aggregated with the plan under Treasury Regulation §Section 1.409A-1(c) of the Treasury Regulations provision for the deferral of compensation at any time within 3 years following the date of termination of the Plan.

Appears in 1 contract

Samples: Adoption Agreement (Innovative Industrial Properties Inc)

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