Common use of Termination of Certain Company Plans Clause in Contracts

Termination of Certain Company Plans. At the request of Parent and prior to the Acceptance Time, the Company will take all necessary corporate actions to approve and effect the termination of any and all Company Plans intended to qualify as a qualified cash or deferred arrangement under Section 401(k) of the Code effective immediately preceding the Acceptance Time (provided that such termination shall not cause the Continuing Employees to fail to be covered by a qualified cash or deferred arrangement under Section 401(k) of the Code). Following the Effective Time, Parent shall use commercially reasonable efforts to cause the Company to continue in effect the Company’s Nonqualified Deferred Compensation Plan, 409A Nonqualified Deferred Compensation Plan, Director Fee Deferral Program under the Amended and Restated 1996 Stock Incentive Plan, provided that, Parent may elect to cause the Company to terminate participant’s ability to make future contributions under such plans. At the request of Parent and prior to the Acceptance Time, the Company shall take all necessary corporate action to approve and effect the termination of any substantially similar deferred compensation arrangements within the meaning of Section 409A of the Code effective immediately preceding the Acceptance Time, and the payment of all amounts deferred under such plans (including payment in respect of any stock units granted under the Amended and Restated 1996 Stock Incentive Plan) as soon as practicable following the Effective Time and in any event within 12 months of the Acceptance Time. The Company will provide Parent with evidence that any such plans terminated pursuant to this Section 5.15 have been so terminated pursuant to resolutions duly adopted by the Company Board or other duly-designated authority.

Termination of Certain Company Plans. At the request of Parent and prior to the Acceptance Time, the Company will take all necessary corporate actions to approve and effect the termination of any and all Company Plans intended to qualify as a qualified cash or deferred arrangement under Section 401(k) of the Code effective immediately preceding the Acceptance Time (provided that such termination shall not cause the Continuing Employees to fail to be covered by a qualified cash or deferred arrangement under Section 401(k) of the Code). Following the Effective Time, Parent shall use commercially reasonable efforts to cause the Company to continue in effect the Company’s 's Nonqualified Deferred Compensation Plan, 409A Nonqualified Deferred Compensation Plan, Director Fee Deferral Program under the Amended and Restated 1996 Stock Incentive Plan, provided that, Parent may elect to cause the Company to terminate participant’s 's ability to make future contributions under such plans. At the request of Parent and prior to the Acceptance Time, the Company shall take all necessary corporate action to approve and effect the termination of any substantially similar deferred compensation arrangements within the meaning of Section 409A of the Code effective immediately preceding the Acceptance Time, and the payment of all amounts deferred under such plans (including payment in respect of any stock units granted under the Amended and Restated 1996 Stock Incentive Plan) as soon as practicable following the Effective Time and in any event within 12 months of the Acceptance Time. The Company will provide Parent with evidence that any such plans terminated pursuant to this Section 5.15 have been so terminated pursuant to resolutions duly adopted by the Company Board or other duly-designated authority.

Termination of Certain Company Plans. At the request of Parent and prior to the Acceptance Effective Time, the Company will take all necessary corporate actions to approve and effect the termination of any and all Company Plans intended to qualify as a qualified cash or deferred arrangement under Section 401(k) of the Code effective immediately preceding the Acceptance Effective Time (provided that such termination shall not cause the Continuing Employees to fail to be covered by a qualified cash or deferred arrangement under Section 401(k) of the Code). Following the Effective Time, Parent shall use commercially reasonable efforts to cause the Company to continue in effect the Company’s 's Nonqualified Deferred Compensation Plan, 409A Nonqualified Deferred Compensation Plan, Director Fee Deferral Program under the Amended and Restated 1996 Stock Incentive Plan, provided that, Parent may elect to cause the Company to terminate participant’s 's ability to make future contributions under such plans. At the request of Parent and prior to the Acceptance Effective Time, the Company shall take all necessary corporate action to approve and effect the termination of any substantially similar deferred compensation arrangements within the meaning of Section 409A of the Code effective immediately preceding the Acceptance Effective Time, and the payment of all amounts deferred under such plans (including payment in respect of any stock units granted under the Amended and Restated 1996 Stock Incentive Plan) as soon as practicable following the Effective Time and in any event within 12 months of the Acceptance Effective Time. The Company will provide Parent with evidence that any such plans terminated pursuant to this Section 5.15 5.13 have been so terminated pursuant to resolutions duly adopted by the Company Board or other duly-designated authority.