Termination of Target’s 401(k) Plan. If Target maintains or sponsors a plan subject to Section 401(k) of the Code, Target’s Board of Directors shall have adopted a resolution terminating such plan contingent on the Closing and effective as of at least one calendar day prior to the Effective Time.
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Samples: Agreement and Plan of Merger (Ellie Mae Inc), Agreement and Plan of Merger and Reorganization (Deltagen Inc)
Termination of Target’s 401(k) Plan. If Target maintains or sponsors a plan subject to Section 401(k) of the Code, Target’s 's Board of Directors shall have adopted a resolution terminating such plan contingent on the Closing and effective as of at least one calendar day prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Euniverse Inc), Agreement and Plan of Merger (Euniverse Inc)
Termination of Target’s 401(k) Plan. If Target maintains or sponsors a plan subject to Section 401(k) of the Code, Target’s Board of Directors shall have adopted a resolution in a form reasonably acceptable to Acquiror terminating such plan contingent on the Closing each and every Target 401(k) Plan effective as of at least one calendar day prior to the Effective Time.
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Termination of Target’s 401(k) Plan. If Target maintains or sponsors a plan subject to Section 401(k) of the CodeCode (the “Target 401(k) Plan”), Target’s Board of Directors shall have adopted a resolution in a form reasonably acceptable to Acquiror terminating such plan contingent on the Closing and effective as of at least one calendar day prior to the Effective Time. Acquiror’s 401(k) Plan shall accept in cash direct rollovers of “eligible rollover distributions” from the Target 401(k) Plan including outstanding participant loans.
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Samples: Agreement and Plan of Reorganization (PDF Solutions Inc)
Termination of Target’s 401(k) Plan. If Target maintains or sponsors a plan subject to Section 401(k) of the CodeCode (the "Target 401(k) Plan"), Target’s 's Board of Directors shall have adopted a resolution in a form reasonably acceptable to Acquiror terminating such plan contingent on the Closing and effective as of at least one calendar day prior to the Effective Time. Acquiror's 401(k) Plan shall accept in cash direct rollovers of "eligible rollover distributions" from the Target 401(k) Plan.
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