Common use of Termination of Benefit Plans Clause in Contracts

Termination of Benefit Plans. Unless otherwise notified in writing by Parent no later than ten Business Days prior to the Closing Date, Company shall take (or cause to be taken) all actions necessary or appropriate to terminate, effective no later than the date immediately preceding the Closing Date, any Company Plan that contains a cash or deferred arrangement intended to qualify under Section 401(k) of the Code (the “Company 401(k) Plans”) in accordance with the provisions of the Company 401(k) Plans a(which shall be subject to Parent’s reasonable review and approval) and applicable Law. In furtherance of the foregoing, the Company’s Board of Directors shall adopt resolutions authorizing the termination of the Company 401(k) Plans effective no later than the day immediately preceding the Closing Date and the Company shall provide Parent with evidence that such Company 401(k) Plans have been terminated in accordance with such resolutions.

Appears in 3 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Google Inc.), Agreement and Plan of Merger (Google Inc.)

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Termination of Benefit Plans. Unless otherwise notified To the extent requested in writing by Parent no later than ten Business Days business days prior to the Closing Date, Company shall take (or cause to be taken) all actions necessary or appropriate to terminate, effective no later than the date immediately preceding the Closing Date, any Company Plan Benefit Arrangement that contains a cash or deferred arrangement intended to qualify under Section 401(k) of the Code (the “Company 401(k"COMPANY 401(K) Plans”PLANS") in accordance with the provisions of the Company 401(k) Plans a(which shall be subject to Parent’s reasonable review and approval) and applicable Applicable Law. In furtherance of If Parent requests that the foregoingCompany 401(k) Plans be terminated, the Company’s 's Board of Directors shall adopt resolutions authorizing the termination of the Company 401(k) Plans effective no later than the day immediately preceding the Closing Date and the Company shall provide Parent with evidence that such Company 401(k) Plans have been terminated in accordance with such resolutionsDate.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Lau Acquisition Corp), Agreement and Plan (Viisage Technology Inc)

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Termination of Benefit Plans. Unless otherwise notified To the extent requested in writing by Parent no later than ten Business Days business days prior to the Closing Date, Company shall take (or cause to be taken) all actions necessary or appropriate to terminate, effective no later than the date immediately preceding the Closing Date, any Company Plan Benefit Arrangement that contains a cash or deferred arrangement intended to qualify under Section 401(k) of the Code (the “Company 401(kCOMPANY 401(K) PlansPLANS”) in accordance with the provisions of the Company 401(k) Plans a(which shall be subject to Parent’s reasonable review and approval) and applicable Applicable Law. In furtherance of If Parent requests that the foregoingCompany 401(k) Plans be terminated, the Company’s Board of Directors shall adopt resolutions authorizing the termination of the Company 401(k) Plans effective no later than the day immediately preceding the Closing Date and the Company shall provide Parent with evidence that such Company 401(k) Plans have been terminated in accordance with such resolutionsDate.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Identix Inc)

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