Common use of Termination of Company Benefit Arrangements Clause in Contracts

Termination of Company Benefit Arrangements. The Company shall have delivered (a) a true, correct and complete copy of resolutions adopted by the Board of Directors of the Company, certified by the Secretary of the Company, authorizing the termination of the Company's 401(k) Plan, and (b) an amendment to the 401(k) Plan, executed by the Company, that is sufficient to assure compliance with all applicable requirements of the Code and regulations thereunder so that the tax-qualified status of the 401(k) Plan shall be maintained at the time of its termination.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Covad Communications Group Inc), Agreement and Plan of Merger (Symantec Corp)

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Termination of Company Benefit Arrangements. The Company shall have delivered (a) a true, correct and complete copy of resolutions adopted by the Board of Directors of the Company, certified by the Secretary of the Company, authorizing the termination of the Company's ’s 401(k) Plan, and (b) an amendment any other Company Benefit Arrangement requested in writing by Acquirer to be terminated at least five Business Days prior to the 401(k) Plan, executed by the Company, that is sufficient to assure compliance with all applicable requirements of the Code and regulations thereunder so that the tax-qualified status of the 401(k) Plan shall be maintained at the time of its terminationClosing Date.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Harte Hanks Inc)

Termination of Company Benefit Arrangements. The Company shall have delivered (a) a true, correct and complete copy of resolutions adopted by the Board of Directors of the Company, certified by the Secretary of the Company, authorizing the termination of each or all of the Company Benefit Arrangements described in Section 7.10, including the Company's 401(k) Plan, and (b) an amendment to the 401(k) Plan, executed by the Company, that is sufficient to assure compliance with all applicable requirements of the Code and regulations thereunder so that the tax-qualified status of the ’s 401(k) Plan shall with such termination effective no later than the day immediately preceding the Effective Time, if requested by Acquiror to be maintained at the time of its terminationterminated.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Opsware Inc)

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Termination of Company Benefit Arrangements. The Company shall have delivered (a) a true, correct and complete copy of resolutions adopted by the Board of Directors of the Company, certified by the Secretary of the Company, authorizing the termination of each or all of the Company's Company Benefit Arrangements intended to constitute a Code Section 401(k) Planarrangement, requested by Acquiror to be terminated, and (b) an amendment to the 401(k) Plan, executed by the Company, that is sufficient to assure compliance with all applicable requirements of the Code and regulations thereunder so that the tax-qualified status of the 401(k) Plan shall be maintained at the time of its termination.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Symantec Corp)

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