Transferred Accounts. Servicer covenants and agrees hereby to deliver to Trustee, on or prior to the Automatic Addition Termination Date or any Automatic Addition Suspension Date (but in the latter case, prior to a Restart Date) within a reasonable time period after any Transferred Account is created, but in any event not later than 15 days after the end of the month within which the Transferred Account is created, a notice specifying the new account number for any Transferred Account and the replaced account number.
Transferred Accounts. Servicer shall deliver to Indenture Trustee, within a reasonable time period after any Transferred Account is created, but in any event not later than 15 days after the end of the month within which the Transferred Account is created, a notice specifying the new account number for any Transferred Account and the replaced account number.
Transferred Accounts. Subject to Section 13.05, the Trustee shall accept as of the Effective Date a transfer from the Former Plan of assets in kind and liabilities comprising the Accounts representing the DST Portion of the Former Plan; and each DST Participant shall become a Participant in this Plan as of the Effective Date. The Trustee and the Advisory Committee shall allocate such assets and liabilities to Accounts of Participants in this Plan that correspond to the Accounts (as defined in the Former Plan) of the DST Participants in the DST Portion of the Former Plan, based on the information supplied by the Trustee and Advisory Committee under the Former Plan respecting such transfer. Such transfer of Accounts shall not itself alter the vesting, beneficiary election, distribution election, or other benefits, rights and features of such transferred Accounts. Transferred Accounts shall thereafter be maintained under this Plan, subject to the Sponsor's right to amend and terminate this Plan as provided in Article XIII. Any Qualified Domestic Relations Order applying under the Former Plan to a transferred Account shall be transferred to and shall be deemed to apply against this Plan.
Transferred Accounts. (a) The Transferred Accounts have been created, maintained and serviced by Company in compliance in all material respects with all Applicable Laws of any applicable Governmental Entity.
(b) The transfer to Buyer of the Transferred Account Information pursuant to the terms of this Agreement will not violate, in any material respect any privacy right or other personal rights of any customer, prospective customer or other person.
(c) There are no pending complaints or, to the best of Seller's knowledge, threatened or other controversies regarding any Transferred Account, that could reasonably be expected to result in a complaint, from or relating to any Transferred Account, except those set forth in Section 4.19(c) of the Seller Disclosure Schedule.
(d) Attached to Section 4.19(d) of the Seller Disclosure Schedule is (i) a true and correct copy of the form of customer agreement (except for cash accounts which have no customer agreements) that Company has entered into with each customer with respect to a Transferred Account (each such agreement being referred to herein as a "Customer Agreement") and (ii) a copy of each customer account contract or agreement set forth as an "exception" pursuant to the immediately following sentence of this Section 4.19(d). Except as set forth on Section 4.19(d) of the Seller Disclosure Schedule, in respect of the Transferred Accounts, Company has not entered into any contract or agreement with any customer, nor is it rendering services to any customer, other than pursuant to a Customer Agreement. Each Customer Agreement is a legal, valid and binding obligation of Company and, to the knowledge of Seller, the other parties thereto, in full force and effect, enforceable against Company and, to the knowledge of Seller, such other parties, except that (i) such enforcement may be subject to bankruptcy, insolvency, reorganization, moratorium or other similar laws now or hereafter in effect relating to creditors' rights, and (ii) the remedy of specific performance and injunctive and other forms of equitable relief may be subject to equitable defenses and to the discretion of the court before which any proceeding therefor may be brought, and are validly assignable to Buyer without the consent of any other party, except as stated in Section 4.19(d) of the Seller Disclosure Schedule.
Transferred Accounts. 25, 75 Transition Services Agreement ............................................................. 25 U.K. Acquired Company ..................................................................... 25, 55 U.K. Loans ................................................................................ 26 U.K. Plan ................................................................................. 26, 56 U.K. Tax .................................................................................. 26 U.S. Plan ................................................................................. 26, 56 Unaudited Financial Statements ............................................................ 26, 40 United Salt Contract ...................................................................... 26 WARN ...................................................................................... 26, 59, 75 WTO Investor .............................................................................. 26 YPS ....................................................................................... 49 AGREEMENT AND PLAN OF MERGER, among IMC Global Inc., a Delaware corporation ("Seller"), and Salt Holdings Corporation, a Delaware corporation and an indirect, wholly owned subsidiary of Seller (the "Company"), on the one hand, and on the other hand, YBR Holdings LLC, a Delaware limited liability company ("Purchaser"), and YBR Acquisition Corp., a Delaware corporation, a wholly-owned subsidiary of Purchaser ("Merger Sub"), dated as of October 13, 2001 (this "Agreement").
Transferred Accounts. (a) A Former CIS Robotics Employee shall be 100% vested in his or her Transferred Account.
(b) Immediately after the transfer and assignment of a Transferred Account to the Plan from the CIS Robotics Plan, each Participant shall have account balances in the Plan equal to the sum of the account balances each Participant had in the CIS Robotics Plan and in the Plan immediately prior to the transfer and assignment.
(c) A Transferred Account shall be subject to all provisions of the Plan relating to Accounts under the Flow Plan, provided, however, that Code Section 411(d)(6) protected benefits pertaining to a Transferred Account shall not be eliminated (except as Treasury Regulations may permit).
(d) If a Transferred Account includes amounts attributable to contributions other than Code section 401(k) salary deferral contributions (and the related gains, earnings and losses), then unless and until the entire account balance under the Flow Plan of the affected Former CIS Robotics Employee is 100% nonforfeitable, the Advisory Committee shall maintain separate accounts for that Former CIS Robotics Employee to reflect properly the different percentages of vesting he or she may have in the account balance under the Flow Plan.
Transferred Accounts. 51 4.20 Transferred Account Information..........................................................52 4.21 Government Regulation....................................................................52
Transferred Accounts. (a) A Former CIS Robotics Employee shall be 100% vested in his or her Transferred Account.
(b) Immediately after the transfer and assignment of a Transferred Account to the Plan from the CIS Robotics Plan, each Participant shall have account balances in the Plan equal to the sum of the account balances each Participant had in the CIS Robotics Plan and in the Plan immediately prior to the transfer and assignment.
(c) A Transferred Account shall be subject to all provisions of the Plan relating to Accounts under the Flow Plan, provided, however, that Code (S)411(d)
Transferred Accounts. The term "Transferred Accounts" shall mean the following accounts at the following institutions: Bank One SMT Acct# Bank Acct # -------- ---------- ------------ Lock Box - 10007-099 - 1571902079 Checking - 10022-099 - 642793087 Money MMkt - 10006-099 - 1614058806 Payroll - 10011-099 - 642792949 Ford Money MMkt - 10002-099 - 9071294819
Transferred Accounts
