Common use of Waiver of Conditions; Benefit Maximums Clause in Contracts

Waiver of Conditions; Benefit Maximums. Carrier shall, or shall cause a member of the Carrier Group to, and Otis shall or shall cause a member of the Otis Group to, use commercially reasonable efforts to cause the Carrier Welfare Plans and Otis Welfare Plans, respectively, to: (i) with respect to initial enrollment as of the Effective Time, waive (x) all limitations as to preexisting conditions, exclusions and service conditions with respect to participation and coverage requirements for any Carrier Group Employee, Former Carrier Group Employee, Otis Group Employee or Former Otis Group Employee, as applicable, other than limitations that were in effect with respect to such employees or former employees under the applicable UTC Welfare Plan as of immediately prior to the Effective Time; and (y) any waiting period limitation or evidence of insurability requirement other than limitations or requirements that were in effect with respect to such employees or former employees under the applicable UTC Welfare Plans as of immediately prior to the Effective Time; and (ii) take into account (x) with respect to aggregate annual, lifetime or similar maximum benefits available under the Carrier Welfare Plans or Otis Welfare Plans, respectively, a Carrier Group Employee’s, Former Carrier Group Employee’s, Otis Group Employee’s and Former Otis Group Employee’s, as applicable, prior claim experience under the UTC Welfare Plans; and (y) any eligible expenses incurred by a Carrier Group Employee, Former Carrier Group Employee, Otis Group Employee or Former Otis Group Employee, as applicable, during the portion of the plan year of the applicable UTC Welfare Plan ending as of the Effective Time under such Carrier Welfare Plan or Otis Welfare Plan for purposes of satisfying all deductible, coinsurance and maximum out-of-pocket requirements applicable to such employees or former employees for the applicable plan year to the same extent as such expenses were taken into account by UTC for similar purposes prior to the Effective Time as if such amounts had been paid in accordance with such Carrier Welfare Plan or Otis Welfare Plan, as applicable.

Appears in 7 contracts

Samples: Employee Matters Agreement (Raytheon Technologies Corp), Employee Matters Agreement (Carrier Global Corp), Employee Matters Agreement (Otis Worldwide Corp)

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Waiver of Conditions; Benefit Maximums. Carrier SpinCo shall, or shall cause a member the members of the Carrier Group to, and Otis shall or shall cause a member of the Otis SpinCo Group to, use commercially reasonable efforts to cause the Carrier SpinCo Welfare Plans and Otis Welfare Plans, respectively, to: (i) with respect to initial the enrollment as of the Effective Time, waive (x) all limitations as to preexisting conditions, exclusions exclusions, and service conditions with respect to participation and coverage requirements for applicable to any Carrier Group Employee, Former Carrier Group Employee, Otis SpinCo Group Employee or Former Otis SpinCo Group Employee, as applicable, other than limitations that were in effect with respect to such employees the SpinCo Group Employee or former employees Former SpinCo Group Employee under the applicable UTC Parent Welfare Plan as of immediately prior to the Effective Time; , and (y) any waiting period limitation or evidence of insurability requirement applicable to a SpinCo Group Employee or Former SpinCo Group Employee other than limitations or requirements that were in effect with respect to such employees SpinCo Group Employee or former employees Former SpinCo Group Employee under the applicable UTC Parent Welfare Plans as of immediately prior to the Effective Time; and (ii) take into account (x) with respect to aggregate annual, lifetime lifetime, or similar maximum benefits available under the Carrier Welfare Plans or Otis SpinCo Welfare Plans, respectively, a Carrier Group Employee’s, Former Carrier Group Employee’s, Otis SpinCo Group Employee’s and or Former Otis SpinCo Group Employee’s, as applicable, ’s prior claim experience under the UTC Parent Welfare PlansPlans and any Benefit Plan that provides leave benefits; and (y) any eligible expenses incurred by a Carrier Group Employee, Former Carrier Group Employee, Otis SpinCo Group Employee or Former Otis SpinCo Group Employee, as applicable, Employee and his or her covered dependents during the portion of the plan year of the applicable UTC Parent Welfare Plan ending as of the Effective Time to be taken into account under such Carrier Welfare Plan or Otis SpinCo Welfare Plan for purposes of satisfying all deductible, coinsurance coinsurance, and maximum out-of-pocket requirements applicable to such employees SpinCo Group Employee or former employees Former SpinCo Group Employee and his or her covered dependents for the applicable plan year to the same extent as such expenses were taken into account by UTC Parent for similar purposes prior to the Effective Time as if such amounts had been paid in accordance with such Carrier Welfare Plan or Otis SpinCo Welfare Plan, as applicable.

Appears in 7 contracts

Samples: Employee Matters Agreement (Knife River Holding Co), Employee Matters Agreement (Mdu Resources Group Inc), Employee Matters Agreement (Knife River Holding Co)

Waiver of Conditions; Benefit Maximums. Carrier shall, or Adient shall cause a member of the Carrier Group to, and Otis shall or shall cause a member of the Otis Group to, use commercially reasonable efforts to cause the Carrier Adient U.S. Welfare Plans and Otis any Welfare PlansPlans that provide leave benefits, respectivelyas applicable, to: (i) with respect to initial enrollment as of the Effective TimeTime (or, if earlier, the date on which the applicable Welfare Plan is established), waive (xA) all limitations as to preexisting conditions, exclusions exclusions, and service conditions with respect to participation and coverage requirements for applicable to any Carrier Group Employee, Former Carrier Group Employee, Otis Adient Group Employee or Former Otis Adient Group EmployeeEmployee who are U.S. Employees, as applicableor any covered dependents thereof, other than limitations that were in effect with respect to such employees Adient Group Employee, Former Adient Group Employee, or former employees covered dependent under the applicable UTC Xxxxxxx Controls U.S. Welfare Plan as of immediately prior to the Effective Time; Time (or, if earlier, the date on which the applicable Welfare Plan is established), and (yB) any waiting period limitation or evidence of insurability requirement applicable to such Adient Group Employee, Former Adient Group Employee, or any covered dependents thereof, other than limitations or requirements that were in effect with respect to such employees Adient Group Employee, Former Adient Group Employee, or former employees covered dependent under the applicable UTC Xxxxxxx Controls U.S. Welfare Plans as of immediately prior to the Effective TimeTime (or, if earlier, the date on which the applicable Welfare Plan is established); and (ii) take into account (xA) with respect to aggregate annual, lifetime lifetime, or similar maximum benefits available under the Carrier Welfare Plans or Otis Adient U.S. Welfare Plans, respectively, a Carrier such Adient Group Employee’s, Former Carrier Adient Group Employee’s, Otis Group Employee’s and Former Otis Group Employee’s, as applicable, or any covered dependents’ prior claim experience under the UTC Xxxxxxx Controls U.S. Welfare PlansPlans and any Benefit Plan that provides leave benefits; and (yB) any eligible expenses incurred by a Carrier Group Employee, Former Carrier Group Employee, Otis such Adient Group Employee or Former Otis Adient Group Employee, as applicable, Employee and his or her covered dependents during the portion of the plan year of the applicable UTC Xxxxxxx Controls U.S. Welfare Plan ending as of the Effective Time (or, if earlier, the date on which the applicable Welfare Plan is established) to be taken into account under such Carrier Welfare Plan or Otis Adient U.S. Welfare Plan for purposes of satisfying all deductible, coinsurance coinsurance, and maximum out-of-pocket requirements applicable to such employees Adient Group Employee or former employees Former Adient Group Employee and his or her covered dependents for the applicable plan year to the same extent as such expenses were taken into account by UTC Xxxxxxx Controls for similar purposes prior to the Effective Time (or, if earlier, the date on which the applicable Welfare Plan is established) as if such amounts had been paid in accordance with such Carrier Welfare Plan or Otis Adient U.S. Welfare Plan, as applicable.

Appears in 5 contracts

Samples: Employee Matters Agreement, Employee Matters Agreement, Employee Matters Agreement (Adient LTD)

Waiver of Conditions; Benefit Maximums. Carrier shallTo the extent commercially available, or SpinCo shall cause a member of the Carrier Group to, and Otis shall or shall cause a member of the Otis Group to, use commercially reasonable efforts to cause the Carrier SpinCo Welfare Plans and Otis Welfare Plans, respectively, to: (i) with respect to initial enrollment as of the Effective Time, waive (x) all limitations as to preexisting conditions, exclusions exclusions, and service conditions with respect to participation and coverage requirements for applicable to any Carrier Group Employee, Former Carrier Group Employee, Otis SpinCo Group Employee or Former Otis SpinCo Group Employee, as applicable, other than limitations that were in effect with respect to such employees the SpinCo Group Employee or former employees Former SpinCo Group Employee under the applicable UTC Parent Welfare Plan as of immediately prior to the Effective Time; , and (y) any waiting period limitation or evidence of insurability requirement applicable to a SpinCo Group Employee or Former SpinCo Group Employee other than limitations or requirements that were in effect with respect to such employees SpinCo Group Employee or former employees Former SpinCo Group Employee under the applicable UTC Parent Welfare Plans as of immediately prior to the Effective Time; and (ii) take into account (x) with respect to aggregate annual, lifetime lifetime, or similar maximum benefits available under the Carrier Welfare Plans or Otis SpinCo Welfare Plans, respectively, a Carrier Group Employee’s, Former Carrier Group Employee’s, Otis SpinCo Group Employee’s and or Former Otis SpinCo Group Employee’s, as applicable, ’s prior claim experience under the UTC Parent Welfare PlansPlans and any Benefit Plan that provides leave benefits; and (y) any eligible expenses incurred by a Carrier Group Employee, Former Carrier Group Employee, Otis SpinCo Group Employee or Former Otis SpinCo Group Employee, as applicable, Employee and his or her covered dependents during the portion of the plan year of the applicable UTC Parent Welfare Plan ending as of the Effective Time to be taken into account under such Carrier Welfare Plan or Otis SpinCo Welfare Plan for purposes of satisfying all deductible, coinsurance coinsurance, and maximum out-of-pocket requirements applicable to such employees SpinCo Group Employee or former employees Former SpinCo Group Employee and his or her covered dependents for the applicable plan year to the same extent as such expenses were taken into account by UTC Parent for similar purposes prior to the Effective Time as if such amounts had been paid in accordance with such Carrier Welfare Plan or Otis SpinCo Welfare Plan, as applicable.

Appears in 4 contracts

Samples: Employee Matters Agreement (Consensus Cloud Solutions, Inc.), Employee Matters Agreement (Consensus Cloud Solutions, Inc.), Employee Matters Agreement (Frontdoor, Inc.)

Waiver of Conditions; Benefit Maximums. Carrier shall, or SpinCo shall cause a member of the Carrier Group to, and Otis shall or shall cause a member of the Otis Group to, use commercially reasonable efforts to cause the Carrier SpinCo Welfare Plans and Otis Welfare Plans, respectively, to: (i) with respect to initial enrollment as of the Effective Time, waive (x) all limitations as to preexisting conditions, exclusions exclusions, and service conditions with respect to participation and coverage requirements for applicable to any Carrier Group Employee, Former Carrier Group Employee, Otis SpinCo Group Employee or Former Otis SpinCo Group Employee, as applicable, other than limitations that were in effect with respect to such employees the SpinCo Group Employee or former employees Former SpinCo Group Employee under the applicable UTC Pre-Separation Parent Welfare Plan as of immediately prior to the Effective Time; , and (y) any waiting period limitation or evidence of insurability requirement applicable to a SpinCo Group Employee or Former SpinCo Group Employee other than limitations or requirements that were in effect with respect to such employees SpinCo Group Employee or former employees Former SpinCo Group Employee under the applicable UTC Pre-Separation Parent Welfare Plans as of immediately prior to the Effective Time; and (ii) take into account (x) with respect to aggregate annual, lifetime lifetime, or similar maximum benefits available under the Carrier Welfare Plans or Otis SpinCo Welfare Plans, respectively, a Carrier Group Employee’s, Former Carrier Group Employee’s, Otis SpinCo Group Employee’s and or Former Otis SpinCo Group Employee’s, as applicable, ’s prior claim experience under the UTC Pre-Separation Parent Welfare PlansPlans and any Benefit Plan that provides leave benefits; and (y) any eligible expenses incurred by a Carrier Group Employee, Former Carrier Group Employee, Otis SpinCo Group Employee or Former Otis SpinCo Group Employee, as applicable, Employee and his or her covered dependents during the portion of the plan year of the applicable UTC Pre-Separation Parent Welfare Plan ending as of the Effective Time to be taken into account under such Carrier Welfare Plan or Otis SpinCo Welfare Plan for purposes of satisfying all deductible, coinsurance coinsurance, and maximum out-of-pocket requirements applicable to such employees SpinCo Group Employee or former employees Former SpinCo Group Employee and his or her covered dependents for the applicable plan year to the same extent as such expenses were taken into account by UTC Parent for similar purposes prior to the Effective Time as if such amounts had been paid in accordance with such Carrier Welfare Plan or Otis SpinCo Welfare Plan, as applicable.

Appears in 4 contracts

Samples: Employee Matters Agreement, Employee Matters Agreement (Tegna Inc), Employee Matters Agreement (Gannett Co., Inc.)

Waiver of Conditions; Benefit Maximums. Carrier shall, or SpinCo shall cause a member of the Carrier Group to, and Otis shall or shall cause a member of the Otis Group to, use commercially reasonable efforts to cause the Carrier SpinCo Welfare Plans and Otis Welfare Plans, respectively, to: (i) with respect to initial enrollment as of the Effective Time, waive (xA) all limitations as to preexisting conditions, exclusions exclusions, and service conditions with respect to participation and coverage requirements for applicable to any Carrier Group Employee, Former Carrier Group Employee, Otis SpinCo Group Employee or Former Otis SpinCo Group Employee, as applicable, other than limitations that were in effect with respect to such employees the SpinCo Group Employee or former employees Former SpinCo Group Employee under the applicable UTC KAR Welfare Plan as of immediately prior to the Effective Time; , and (yB) any waiting period limitation or evidence of insurability requirement applicable to a SpinCo Group Employee or Former SpinCo Group Employee other than limitations or requirements that were in effect with respect to such employees SpinCo Group Employee or former employees Former SpinCo Group Employee under the applicable UTC KAR Welfare Plans as of immediately prior to the Effective Time; and (ii) take into account (xA) with respect to aggregate annual, lifetime lifetime, or similar maximum benefits available under the Carrier Welfare Plans or Otis SpinCo Welfare Plans, respectively, a Carrier Group Employee’s, Former Carrier Group Employee’s, Otis SpinCo Group Employee’s and or Former Otis SpinCo Group Employee’s, as applicable, ’s prior claim experience under the UTC KAR Welfare PlansPlans and any Benefit Plan that provides leave benefits; and (yB) any eligible expenses incurred by a Carrier Group Employee, Former Carrier Group Employee, Otis SpinCo Group Employee or Former Otis SpinCo Group Employee, as applicable, Employee and his or her covered dependents during the portion of the plan year of the applicable UTC KAR Welfare Plan ending as of the Effective Time to be taken into account under such Carrier Welfare Plan or Otis SpinCo Welfare Plan for purposes of satisfying all deductible, coinsurance coinsurance, and maximum out-of-pocket requirements applicable to such employees SpinCo Group Employee or former employees Former SpinCo Group Employee and his or her covered dependents for the applicable plan year to the same extent as such expenses were taken into account by UTC KAR for similar purposes prior to the Effective Time as if such amounts had been paid in accordance with such Carrier Welfare Plan or Otis SpinCo Welfare Plan, as applicable.

Appears in 4 contracts

Samples: Employee Matters Agreement (KAR Auction Services, Inc.), Employee Matters Agreement (IAA, Inc.), Employee Matters Agreement (IAA Spinco Inc.)

Waiver of Conditions; Benefit Maximums. Carrier shall, or UpstreamCo shall cause a member of the Carrier Group to, and Otis shall or shall cause a member of the Otis Group to, use commercially reasonable efforts to cause the Carrier UpstreamCo Welfare Plans and Otis Welfare Plans, respectively, to: (i) with respect to initial enrollment as of the Effective TimeOperational Separation Date, waive (xA) all limitations as to preexisting conditions, exclusions exclusions, and service conditions with respect to participation and coverage requirements for applicable to any Carrier Group Employee, Former Carrier Group Employee, Otis UpstreamCo Group Employee or a Former Otis UpstreamCo Group Employee, as applicable, other than limitations that were in effect with respect to such employees the UpstreamCo Group Employee or former employees a Former UpstreamCo Group Employee under the applicable UTC Parent Welfare Plan as of immediately prior to the Effective Time; Operational Separation Date, and (yB) any waiting period limitation or evidence of insurability requirement applicable to an UpstreamCo Group Employee or Former UpstreamCo Group Employee other than limitations or requirements that were in effect with respect to such employees UpstreamCo Group Employee or former employees Former UpstreamCo Group Employee under the applicable UTC Parent Welfare Plans as of immediately prior to the Effective TimeOperational Separation Date; and (ii) take into account (xA) with respect to aggregate annual, lifetime lifetime, or similar maximum benefits available under the Carrier Welfare Plans or Otis UpstreamCo Welfare Plans, respectively, a Carrier Group Employee’s, Former Carrier Group Employee’s, Otis an UpstreamCo Group Employee’s and or Former Otis UpstreamCo Group Employee’s, as applicable, ’s prior claim experience under the UTC Parent Welfare PlansPlans and any Benefit Plan that provides leave benefits; and (yB) any eligible expenses incurred by a Carrier Group Employee, Former Carrier Group Employee, Otis an UpstreamCo Group Employee or a Former Otis UpstreamCo Group Employee, as applicable, Employee and his or her covered dependents during the portion of the plan year of the applicable UTC Parent Welfare Plan ending as of the Effective Time Operational Separation Date to be taken into account under such Carrier Welfare Plan or Otis UpstreamCo Welfare Plan for purposes of satisfying all deductible, coinsurance coinsurance, and maximum out-of-pocket requirements applicable to such employees UpstreamCo Group Employee or former employees Former UpstreamCo Group Employee and his or her covered dependents for the applicable plan year to the same extent as such expenses were taken into account by UTC Parent for similar purposes prior to the Effective Time Operational Separation Date as if such amounts had been paid in accordance with such Carrier Welfare Plan or Otis UpstreamCo Welfare Plan, as applicable.

Appears in 4 contracts

Samples: Employee Matters Agreement, Employee Matters Agreement (Alcoa Corp), Employee Matters Agreement (Arconic Inc.)

Waiver of Conditions; Benefit Maximums. Carrier shall, or Spinco shall cause a member of the Carrier Group to, and Otis shall or shall cause a member of the Otis Group to, use commercially reasonable efforts to cause the Carrier Spinco Welfare Plans and Otis Welfare Plans, respectively, to: (i) with respect to initial enrollment participation as of the Effective TimeOperational Separation Date, waive (xA) all limitations as to preexisting conditions, exclusions exclusions, and service conditions with respect to participation and coverage requirements for applicable to any Carrier Group Employee, Former Carrier Group Employee, Otis Spinco Group Employee or Former Otis Spinco Group Employee, as applicable, other than limitations that were in effect with respect to such employees Spinco Group Employee or former employees Former Spinco Group Employee under the applicable UTC Parent Welfare Plan as of immediately prior to the Effective Time; Operational Separation Date, and (yB) any waiting period limitation or evidence of insurability requirement applicable to a Spinco Group Employee or Former Spinco Group Employee other than limitations or requirements that were in effect with respect to such employees Spinco Group Employee or former employees Former Spinco Group Employee under the applicable UTC Parent Welfare Plans as of immediately prior to the Effective TimeOperational Separation Date; and (ii) take into account (xA) with respect to aggregate annual, lifetime lifetime, or similar maximum benefits available under the Carrier Welfare Plans or Otis Spinco Welfare Plans, respectively, a Carrier Group Employee’s, Former Carrier Group Employee’s, Otis any Spinco Group Employee’s and or Former Otis Spinco Group Employee’s, as applicable, ’s prior claim experience under the UTC Parent Welfare PlansPlans and any Benefit Plan that provides leave benefits; and (yB) any eligible expenses incurred by a Carrier Group Employee, Former Carrier Group Employee, Otis Spinco Group Employee or Former Otis Spinco Group Employee, as applicable, Employee and his or her covered dependents during the portion of the plan year of the applicable UTC Parent Welfare Plan ending as of the Effective Time Operational Separation Date to be taken into account under such Carrier Welfare Plan or Otis Spinco Welfare Plan for purposes of satisfying all deductible, coinsurance coinsurance, and maximum out-of-pocket requirements applicable to such employees Spinco Group Employee or former employees Former Spinco Group Employee and his or her covered dependents for the applicable plan year to the same extent as such expenses were taken into account by UTC Parent for similar purposes prior to the Effective Time Operational Separation Date as if such amounts had been paid in accordance with such Carrier Welfare Plan or Otis Spinco Welfare Plan, as applicable.

Appears in 4 contracts

Samples: Employee Matters Agreement (Howmet Aerospace Inc.), Employee Matters Agreement (Arconic Corp), Employee Matters Agreement (Arconic Rolled Products Corp)

Waiver of Conditions; Benefit Maximums. Carrier shall, or PayPal shall cause a member of the Carrier Group to, and Otis shall or shall cause a member of the Otis Group to, use commercially reasonable efforts to cause the Carrier PayPal Welfare Plans and Otis Welfare Plans, respectively, to: (i) with respect to initial enrollment as of the Effective Time, waive (xA) all limitations as to preexisting conditions, exclusions exclusions, and service conditions with respect to participation and coverage requirements for applicable to any Carrier Group Employee, Former Carrier Group Employee, Otis PayPal Group Employee or Former Otis PayPal Group Employee, as applicable, other than limitations that were in effect with respect to such employees the PayPal Group Employee or former employees Former PayPal Group Employee under the applicable UTC eBay Welfare Plan as of immediately prior to the Effective Time; , and (yB) any waiting period limitation or evidence of insurability requirement applicable to a PayPal Group Employee or Former PayPal Group Employee other than limitations or requirements that were in effect with respect to such employees PayPal Group Employee or former employees Former PayPal Group Employee under the applicable UTC eBay Welfare Plans as of immediately prior to the Effective Time; and (ii) take into account (xA) with respect to aggregate annual, lifetime lifetime, or similar maximum benefits available under the Carrier Welfare Plans or Otis PayPal Welfare Plans, respectively, a Carrier Group Employee’s, Former Carrier Group Employee’s, Otis PayPal Group Employee’s and or Former Otis PayPal Group Employee’s, as applicable, ’s prior claim experience under the UTC eBay Welfare PlansPlans and any eBay Benefit Plan that provides leave benefits; and (yB) any eligible expenses incurred by a Carrier Group Employee, Former Carrier Group Employee, Otis PayPal Group Employee or Former Otis PayPal Group Employee, as applicable, Employee during the portion of the plan year of the applicable UTC eBay Welfare Plan ending as of the Effective Time to be taken into account under such Carrier Welfare Plan or Otis PayPal Welfare Plan for purposes of satisfying all deductible, coinsurance coinsurance, and maximum out-of-pocket requirements applicable to such employees PayPal Group Employee or former employees Former PayPal Group Employee for the applicable plan year to the same extent as such expenses were taken into account by UTC eBay for similar purposes prior to the Effective Time as if such amounts had been paid in accordance with such Carrier Welfare Plan or Otis PayPal Welfare Plan, as applicable.

Appears in 4 contracts

Samples: Employee Matters Agreement, Employee Matters Agreement (PayPal Holdings, Inc.), Employee Matters Agreement (PayPal Holdings, Inc.)

Waiver of Conditions; Benefit Maximums. Carrier Organon shall, or shall cause a member of to the Carrier Group to, and Otis shall or shall cause a member of the Otis Group to, use extent commercially reasonable efforts and permitted under applicable Law and, with respect to cause the Carrier Welfare Plans Non-U.S. Health and Otis Welfare Plans, respectivelyto the extent applicable, cause the Organon Health and Welfare Plans to: (i) with respect to initial enrollment (whether passive or active) prior to, as of the Effective Time, or following an individual’s applicable Transfer Date: (A) waive (x) all limitations as to preexisting conditions, exclusions exclusions, and service conditions with respect to participation and coverage requirements for applicable to any Carrier Group Transferred Employee, Former Carrier Group Employee, Otis Group Employee or Former Otis Group Employee, as applicable, other than limitations that were in effect with respect to such employees or former employees the Transferred Employee under the applicable UTC Merck Health and Welfare Plan as of immediately prior to the Effective Time; and such individual’s Transfer Date; (yB) waive any waiting period limitation or evidence of insurability requirement applicable to a Transferred Employee other than limitations or requirements that were in effect with respect to such employees or former employees Transferred Employee under the applicable UTC Merck Health and Welfare Plans Plan as of immediately prior to the Effective Time; andsuch individual’s Transfer Date; (ii) take into account (xC) with respect to aggregate annual, lifetime lifetime, or similar maximum benefits available under the Carrier Welfare Plans or Otis Organon Health and Welfare Plans, respectively, recognize a Carrier Group Employee’s, Former Carrier Group Employee’s, Otis Group Transferred Employee’s and Former Otis Group Employee’s, as applicable, prior claim experience under the UTC Merck Health and Welfare PlansPlans and any Benefit Plan that provides leave benefits; and and (yD) cause any eligible expenses incurred by a Carrier Group Employee, Former Carrier Group Employee, Otis Group Transferred Employee and his or Former Otis Group Employee, as applicable, her covered dependents during the portion of the plan year of the applicable UTC Merck Health and Welfare Plan ending as of on the Effective Time date that the Transferred Employee’s coverage commences under the Organon Health and Welfare Plan to be taken into account under such Carrier Welfare Plan or Otis Organon Health and Welfare Plan for purposes of satisfying all deductible, coinsurance coinsurance, and maximum out-of-pocket requirements applicable to such employees Transferred Employee and his or former employees her covered dependents for the applicable plan year to the same extent as such expenses were taken into account by UTC for similar purposes prior to the Effective Time as if such amounts had been paid in accordance with such Carrier Welfare Plan or Otis Organon Health and Welfare Plan, as applicable.

Appears in 3 contracts

Samples: Employee Matters Agreement (Organon & Co.), Employee Matters Agreement (Organon & Co.), Employee Matters Agreement (Organon & Co.)

Waiver of Conditions; Benefit Maximums. Carrier shall, or (i) Keysight shall cause a member of the Carrier Group to, and Otis shall or shall cause a member of the Otis Group to, use commercially reasonable efforts to cause the Carrier Keysight Welfare Plans and Otis Welfare Plans, respectively, to: (iA) with respect to initial enrollment made pursuant to Section 2.04(c) and coverage of the Keysight Group Employees as of the Effective TimeOperational Separation Date or the Subsequently Transferred Keysight Employees as of the Transfer Date, waive (xi) all limitations as to preexisting conditions, exclusions exclusions, and service conditions with respect to participation and coverage requirements for applicable to any Carrier Group Employee, Former Carrier Group Employee, Otis such Keysight Group Employee or Former Otis Group Subsequently Transferred Keysight Employee, as applicable, other than limitations that were in effect with respect to such employees Keysight Group Employee or former employees Subsequently Transferred Keysight Employee under the applicable UTC Agilent Welfare Plan as of immediately prior to the Effective Time; Operational Separation Date or Transfer Date, as applicable, and (yii) any waiting period limitation or evidence of insurability requirement applicable to such Keysight Group Employee or Subsequently Transferred Keysight Employee other than limitations or requirements that were in effect with respect to such employees Keysight Group Employee or former employees Subsequently Transferred Keysight Employee under the applicable UTC Agilent Welfare Plans as of immediately prior to the Effective TimeOperational Separation Date or Transfer Date, as applicable; and (iiB) for any Keysight Group Employee or Subsequently Transferred Keysight Employee, take into account account, (xi) with respect to aggregate monthly, annual, lifetime lifetime, or similar maximum benefits available under the Carrier Welfare Plans or Otis Keysight Welfare Plans, respectively, a Carrier Group Employee’s, Former Carrier Group Employee’s, Otis Group Employeesuch employee’s and Former Otis Group Employee’s, as applicable, prior claim experience under the UTC Welfare PlansAgilent Welfare; and (yii) any eligible expenses incurred by a Carrier Group Employee, Former Carrier Group Employee, Otis Group Employee such employee and his or Former Otis Group Employee, as applicable, her covered dependents during the portion of the plan year of the applicable UTC Agilent Welfare Plan ending as of the Effective Time Operational Separation Date or Transfer Date, as applicable, to be taken into account under such Carrier Welfare Plan or Otis Keysight Welfare Plan for purposes of satisfying all deductible, coinsurance coinsurance, and maximum out-of-pocket requirements applicable to such employees employee and his or former employees her covered dependents for the applicable plan year to the same extent as such expenses were taken into account by UTC Agilent for similar purposes prior to the Effective Time Operational Separation Date or Transfer Date, as applicable, as if such amounts had been paid in accordance with such Carrier Welfare Plan or Otis Keysight Welfare Plan, . (ii) Agilent shall use commercially reasonable efforts to cause the Agilent Welfare Plans to provide comparable rules as applicabledescribed in Section 8.01(b)(i) with respect to any Returning Agilent Employee.

Appears in 3 contracts

Samples: Employee Matters Agreement (Keysight Technologies, Inc.), Employee Matters Agreement (Agilent Technologies Inc), Employee Matters Agreement (Keysight Technologies, Inc.)

Waiver of Conditions; Benefit Maximums. Carrier shall, or INSW shall cause a member of the Carrier Group to, and Otis shall or shall cause a member of the Otis Group to, use commercially reasonable efforts to cause the Carrier INSW Welfare Plans and Otis Welfare Plans, respectively, to: (i) with respect to initial enrollment as of the Effective TimeJanuary 1, 2017, waive (xa) all limitations as to preexisting conditions, exclusions exclusions, and service conditions with respect to participation and coverage requirements for applicable to any Carrier Group Employee, Former Carrier Group Employee, Otis INSW Group Employee or Former Otis INSW Group Employee, as applicable, other than limitations that were in effect with respect to such employees the INSW Group Employee or former employees Former INSW Group Employee under the applicable UTC OSG Welfare Plan as of immediately prior to the Transfer Effective Time; , and (yb) any waiting period limitation or evidence of insurability requirement applicable to a INSW Group Employee or Former INSW Group Employee other than limitations or requirements that were in effect with respect to such employees INSW Group Employee or former employees Former INSW Group Employee under the applicable UTC OSG Welfare Plans as of immediately prior to the Transfer Effective Time; and (ii) take into account (xa) with respect to aggregate annual, lifetime lifetime, or similar maximum benefits available under the Carrier Welfare Plans or Otis INSW Welfare Plans, respectively, a Carrier Group Employee’s, Former Carrier Group Employee’s, Otis INSW Group Employee’s and or Former Otis INSW Group Employee’s, as applicable, ’s prior claim experience under the UTC OSG Welfare PlansPlans and any Benefit Plan that provides leave benefits; and (yb) any eligible expenses incurred by a Carrier Group Employee, Former Carrier Group Employee, Otis INSW Group Employee or Former Otis INSW Group Employee, as applicable, Employee and his or her covered dependents during the portion of the plan year of the applicable UTC OSG Welfare Plan ending as of the Transfer Effective Time to be taken into account under such Carrier Welfare Plan or Otis INSW Welfare Plan for purposes of satisfying all deductible, coinsurance coinsurance, and maximum out-of-pocket requirements applicable to such employees INSW Group Employee or former employees Former INSW Group Employee and his or her covered dependents for the applicable plan year to the same extent as such expenses were taken into account by UTC OSG for similar purposes prior to the Transfer Effective Time as if such amounts had been paid in accordance with such Carrier Welfare Plan or Otis INSW Welfare Plan, as applicable.

Appears in 2 contracts

Samples: Employee Matters Agreement (Overseas Shipholding Group Inc), Employee Matters Agreement (International Seaways, Inc.)

Waiver of Conditions; Benefit Maximums. Carrier shall, or AFI shall cause a member of the Carrier Group to, and Otis shall or shall cause a member of the Otis Group to, use commercially reasonable efforts to cause the Carrier AFI Welfare Plans and Otis Welfare Plans, respectively, to: (i) with respect to initial enrollment as of the Effective Time, waive (xA) all limitations as to preexisting conditions, exclusions exclusions, and service conditions with respect to participation and coverage requirements for applicable to any Carrier Group Employee, Former Carrier Group Employee, Otis AFI Group Employee or Former Otis AFI Group Employee, as applicable, other than limitations that were in effect with respect to such employees the AFI Group Employee or former employees Former AFI Group Employee under the applicable UTC AWI Welfare Plan as of immediately prior to the Effective Time; , and (yB) any waiting period limitation or evidence of insurability requirement applicable to a AFI Group Employee or Former AFI Group Employee other than limitations or requirements that were in effect with respect to such employees AFI Group Employee or former employees Former AFI Group Employee under the applicable UTC AWI Welfare Plans as of immediately prior to the Effective Time; and (ii) take into account (xA) with respect to aggregate annual, lifetime lifetime, or similar maximum benefits available under the Carrier Welfare Plans or Otis AFI Welfare Plans, respectively, a Carrier Group Employee’s, Former Carrier Group Employee’s, Otis AFI Group Employee’s and or Former Otis AFI Group Employee’s, as applicable, ’s prior claim experience under the UTC AWI Welfare PlansPlans and any Benefit Plan that provides leave benefits; and (yB) any eligible expenses incurred by a Carrier Group Employee, Former Carrier Group Employee, Otis AFI Group Employee or Former Otis AFI Group Employee, as applicable, Employee and his or her covered dependents during the portion of the plan year of the applicable UTC AWI Welfare Plan ending as of the Effective Time to be taken into account under such Carrier Welfare Plan or Otis AFI Welfare Plan for purposes of satisfying all deductible, coinsurance coinsurance, and maximum out-of-pocket requirements applicable to such employees AFI Group Employee or former employees Former AFI Group Employee and his or her covered dependents for the applicable plan year to the same extent as such expenses were taken into account by UTC AWI for similar purposes prior to the Effective Time as if such amounts had been paid in accordance with such Carrier Welfare Plan or Otis AFI Welfare Plan, as applicable.

Appears in 2 contracts

Samples: Employee Matters Agreement, Employee Matters Agreement (Armstrong Flooring, Inc.)

Waiver of Conditions; Benefit Maximums. Carrier shall, or SpinCo shall cause a member of the Carrier Group to, and Otis shall or shall cause a member of the Otis Group to, use commercially reasonable efforts to cause the Carrier SpinCo Welfare Plans and Otis Welfare Plans, respectively, to: (i) with respect to initial enrollment as of the Effective Time, waive (xA) all limitations as to preexisting conditions, exclusions exclusions, and service conditions with respect to participation and coverage requirements for applicable to any Carrier Group Employee, Former Carrier Group Employee, Otis SpinCo Group Employee or Former Otis SpinCo Group Employee, as applicable, other than limitations that were in effect with respect to such employees the SpinCo Group Employee or former employees Former SpinCo Group Employee under the applicable UTC Rayonier Welfare Plan as of immediately prior to the Effective Time; , and (yB) any waiting period limitation or evidence of insurability requirement applicable to a SpinCo Group Employee or Former SpinCo Group Employee other than limitations or requirements that were in effect with respect to such employees SpinCo Group Employee or former employees Former SpinCo Group Employee under the applicable UTC Rayonier Welfare Plans as of immediately prior to the Effective Time; and (ii) take into account (xA) with respect to aggregate annual, lifetime lifetime, or similar maximum benefits available under the Carrier Welfare Plans or Otis SpinCo Welfare Plans, respectively, a Carrier Group Employee’s, Former Carrier Group Employee’s, Otis SpinCo Group Employee’s and or Former Otis SpinCo Group Employee’s, as applicable, ’s prior claim experience under the UTC Rayonier Welfare PlansPlans and any Benefit Plan that provides leave benefits; and (yB) any eligible expenses incurred by a Carrier Group Employee, Former Carrier Group Employee, Otis SpinCo Group Employee or Former Otis SpinCo Group Employee, as applicable, Employee and his or her covered dependents during the portion of the plan year of the applicable UTC Rayonier Welfare Plan ending as of the Effective Time to be taken into account under such Carrier Welfare Plan or Otis SpinCo Welfare Plan for purposes of satisfying all deductible, coinsurance coinsurance, and maximum out-of-pocket requirements applicable to such employees SpinCo Group Employee or former employees Former SpinCo Group Employee and his or her covered dependents for the applicable plan year to the same extent as such expenses were taken into account by UTC Rayonier for similar purposes prior to the Effective Time as if such amounts had been paid in accordance with such Carrier Welfare Plan or Otis SpinCo Welfare Plan, as applicable.

Appears in 2 contracts

Samples: Employee Matters Agreement (Rayonier Advanced Materials Inc.), Employee Matters Agreement (Rayonier Advanced Materials Inc.)

Waiver of Conditions; Benefit Maximums. Carrier shall, or shall cause a member of the Carrier Group to, and Otis shall or shall cause a member of the Otis Group to, use commercially reasonable efforts to cause the Carrier Welfare Plans and Otis Welfare Plans, respectively, to: (i) with With respect to initial enrollment as of following the Effective TimeDistribution Date, waive Aptevo shall, to the extent commercially reasonable, cause the Aptevo Health and Welfare Plans to waive: (xA) all limitations as to preexisting conditions, exclusions exclusions, and service conditions with respect to participation and coverage requirements for applicable to any Carrier Group Transferred Employee, Former Carrier Group Employee, Otis Group Employee or Former Otis Group Employee, as applicable, other than limitations that were in effect with respect to such employees or former employees the Transferred Employee under the applicable UTC Emergent Health and Welfare Plan as of immediately prior to the Effective Time; and Distribution Date, and (yB) any waiting period limitation or evidence of insurability requirement applicable to a Transferred Employee other than limitations or requirements that were in effect with respect to such employees or former employees Transferred Employee under the applicable UTC Emergent Health and Welfare Plans Plan as of immediately prior to the Effective TimeDistribution Date; and (ii) The Aptevo Health and Welfare Plans shall not be required to take into account account: (xA) with respect to aggregate annual, lifetime lifetime, or similar maximum benefits available under the Carrier Welfare Plans or Otis Aptevo Health and Welfare Plans, respectively, a Carrier Group Employee’s, Former Carrier Group Employee’s, Otis Group Transferred Employee’s and Former Otis Group Employee’s, as applicable, prior claim experience under the UTC Emergent Health and Welfare PlansPlans and any Benefit Plan that provides leave benefits; and or (yB) any eligible expenses incurred by a Carrier Group Employee, Former Carrier Group Employee, Otis Group Transferred Employee and his or Former Otis Group Employee, as applicable, her covered dependents during the portion of the plan year of the applicable UTC Emergent Health and Welfare Plan ending as of on the Effective Time Distribution Date to be taken into account under such Carrier Welfare Plan or Otis Aptevo Health and Welfare Plan for purposes of satisfying all deductible, coinsurance coinsurance, and maximum out-of-pocket requirements applicable to such employees Transferred Employee and his or former employees her covered dependents for the applicable plan year to the same extent as such expenses were taken into account by UTC for similar purposes prior to the Effective Time as if such amounts had been paid in accordance with such Carrier Welfare Plan or Otis Aptevo Health and Welfare Plan, as applicable.

Appears in 2 contracts

Samples: Employee Matters Agreement (Aptevo Therapeutics Inc.), Employee Matters Agreement (Aptevo Therapeutics Inc.)

Waiver of Conditions; Benefit Maximums. Carrier shallATMCo shall establish (x) prior to January 1, or 2024, with respect to the ATMCo Health Plans (subject to Article VIII hereto) and (y) prior to the Distribution, with respect to the ATMCo Welfare Plans other than ATMCo Health Plans (such dates, the “ATMCo Welfare Plan Effective Date”) which, collectively shall cause a member initially provide for each ATMCo Group Employee welfare benefits which are in the aggregate substantially comparable (other than with respect to the State of Hawaii, where the Carrier health benefits provided to ATMCo Group toEmployees may differ) to those provided to such employee under the corresponding NCR Welfare Plans immediately prior to the Distribution. Once established effective immediately prior to the ATMCo Welfare Plan Effective Date, and Otis ATMCo shall or shall cause a member of the Otis Group to, use commercially reasonable efforts to cause the Carrier ATMCo Welfare Plans and Otis Welfare Plans, respectively, to: (i) with respect to initial enrollment as of the Effective Timeenrollment, waive (xA) all limitations as to preexisting conditions, exclusions exclusions, and service conditions with respect to participation and coverage requirements for applicable to any Carrier Group Employee, Former Carrier Group Employee, Otis ATMCo Group Employee or Former Otis ATMCo Group Employee, as applicable, other than limitations that were in effect with respect to such employees the ATMCo Group Employee or former employees Former ATMCo Group Employee under the applicable UTC NCR Welfare Plan as of immediately prior to the ATMCo Welfare Plan Effective Time; Date, and (yB) any waiting period limitation or evidence of insurability requirement applicable to an ATMCo Group Employee or Former ATMCo Group Employee other than limitations or requirements that were in effect with respect to such employees ATMCo Group Employee or former employees Former ATMCo Group Employee under the applicable UTC NCR Welfare Plans as of immediately prior to the ATMCo Welfare Plan Effective TimeDate; and (ii) take into account (x) with respect to aggregate annual, lifetime lifetime, or similar maximum benefits available under the Carrier ATMCo Welfare Plans or Otis and with respect to deductibles and out-of-pocket maximums applied under the ATMCo Welfare Plans, respectively, a Carrier Group Employee’s, Former Carrier Group Employee’s, Otis an ATMCo Group Employee’s and or Former Otis ATMCo Group Employee’s, as applicable, ’s prior claim experience under the UTC NCR Welfare Plans; Plans and (y) any eligible expenses incurred by a Carrier Group Employee, Former Carrier Group Employee, Otis Group Employee or Former Otis Group Employee, as applicable, during the portion of the plan year of the applicable UTC Welfare Benefit Plan ending as of the Effective Time under such Carrier Welfare Plan or Otis Welfare Plan that provides leave benefits for purposes of satisfying all deductibleaggregate annual or lifetime maximums, coinsurance deductibles and maximum out-of-pocket requirements maximums applicable to such employees ATMCo Group Employee or former employees Former ATMCo Group Employee and his or her covered dependents for the applicable plan year to the same extent as such expenses were taken into account by UTC NCR for similar purposes prior to the Effective Time as if such amounts had been paid in accordance with such Carrier Welfare Plan or Otis ATMCo Welfare Plan, as applicable.

Appears in 2 contracts

Samples: Employee Matters Agreement (NCR Atleos Corp), Employee Matters Agreement (NCR ATMCo, LLC)

Waiver of Conditions; Benefit Maximums. Carrier SpinCo shall, or shall cause a member the members of the Carrier Group to, and Otis shall or shall cause a member of the Otis SpinCo Group to, use commercially reasonable efforts to cause the Carrier SpinCo Welfare Plans and Otis Welfare Plans, respectively, to: (i) with respect to initial the enrollment as of the Effective Time, waive (x) all limitations as to preexisting conditions, exclusions exclusions, and service conditions with respect to participation and coverage requirements for applicable to any Carrier Group Employee, Former Carrier Group Employee, Otis SpinCo Group Employee or Former Otis SpinCo Group Employee, as applicable, other than limitations that were in effect with respect to such employees the SpinCo Group Employee or former employees Former SpinCo Group Employee under the applicable UTC Parent Welfare Plan as of immediately prior to the Effective Time; , and (y) any waiting period limitation or evidence of insurability requirement applicable to a SpinCo Group Employee or Former SpinCo Group Employee other than limitations or requirements that were in effect with respect to such employees SpinCo Group Employee or former employees Former SpinCo Group Employee under the applicable UTC Parent Welfare Plans as of immediately prior to the Effective Time; and (ii) take into account (x) with respect to aggregate annual, lifetime lifetime, or similar maximum benefits available under the Carrier Welfare Plans or Otis SpinCo Welfare Plans, respectively, a Carrier SpinCo Group Employee’s, or Former Carrier Group Employee’s, Otis SpinCo Group Employee’s and Former Otis Group Employee’s, as applicable, prior claim experience under the UTC Parent Welfare PlansPlans and any Benefit Plan that provides leave benefits; and (y) any eligible expenses incurred by a Carrier Group Employee, Former Carrier Group Employee, Otis SpinCo Group Employee or Former Otis SpinCo Group Employee, as applicable, Employee and his or her covered dependents during the portion of the plan year of the applicable UTC Parent Welfare Plan ending as of the Effective Time to be taken into account under such Carrier Welfare Plan or Otis SpinCo Welfare Plan for purposes of satisfying all deductible, coinsurance coinsurance, and maximum out-of-pocket requirements applicable to such employees SpinCo Group Employee or former employees Former SpinCo Group Employee and his or her covered dependents for the applicable plan year to the same extent as such expenses were taken into account by UTC Parent for similar purposes prior to the Effective Time as if such amounts had been paid in accordance with such Carrier Welfare Plan or Otis SpinCo Welfare Plan, as applicable.

Appears in 2 contracts

Samples: Employee Matters Agreement (Everus Construction Group, Inc.), Employee Matters Agreement (Mdu Resources Group Inc)

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Waiver of Conditions; Benefit Maximums. Carrier shall, or shall cause a member of the Carrier Group to, and Otis Corebridge shall or shall cause a member of the Otis Corebridge Group to, use commercially reasonable efforts to cause the Carrier Corebridge Welfare Plans and Otis Welfare Plans, respectively, to: (i) with respect to initial enrollment as of during the Effective Time2022 calendar year, waive (x) all limitations as to preexisting conditions, exclusions and service conditions with respect to participation and coverage requirements for any Carrier 2022 Corebridge Group Employee, Former Carrier Group Employee, Otis Group Employee or Former Otis Corebridge Group Employee, as applicable, other than limitations that were in effect with respect to such employees employee or former employees employee under the applicable UTC AIG Welfare Plan as of immediately prior to the Effective TimeBenefits Transition Date or if later, the applicable Employment Transfer Date; and (y) any waiting period limitation or evidence of insurability requirement other than limitations or requirements that were in effect with respect to such employees employee or former employees employee under the applicable UTC AIG Welfare Plans as of immediately prior to the Effective TimeBenefits Transition Date or if later, the applicable Employment Transfer Date; and (ii) take into account for the 2022 calendar year (x) with respect to aggregate annual, lifetime annual or similar maximum benefits available under the Carrier Welfare Plans or Otis Corebridge Welfare Plans, respectively, a Carrier Group Employee’s, Former Carrier Group Employee’s, Otis Group Employee’s and Former Otis Group Employee’s, as applicable, the prior claim experience under the UTC AIG Welfare PlansPlans of a 2022 Corebridge Group Employee and Former Corebridge Group Employee; and (y) any eligible expenses incurred by a Carrier Group Employee, Former Carrier Group Employee, Otis Group Employee such employee or Former Otis Group Employeeformer employee, as applicable, during the portion of the plan year of the applicable UTC AIG Welfare Plan ending as of the Effective Time Benefits Transition Date or if later, the applicable Employment Transfer Date under such Carrier Welfare Plan or Otis Corebridge Welfare Plan for purposes of satisfying all deductible, coinsurance and maximum out-of-pocket requirements applicable to such employees or former employees for the applicable plan year to the same extent as such expenses were taken into account by UTC AIG for similar purposes prior to the Effective Time Benefits Transition Date or if later, the applicable Employment Transfer Date as if such amounts had been paid in accordance with such Carrier Welfare Plan or Otis Corebridge Welfare Plan, as applicable.

Appears in 1 contract

Samples: Employee Matters Agreement (Corebridge Financial, Inc.)

Waiver of Conditions; Benefit Maximums. Carrier shallTo the extent commercially available, or shall cause a member of the Carrier Group to, and Otis SpinCo shall or shall cause a member the members of the Otis SpinCo Group to, to use commercially reasonable efforts to cause the Carrier SpinCo Welfare Plans and Otis Welfare Plans, respectively, to: (i) with respect to initial enrollment as of the Effective Time, waive (x) all limitations as to preexisting conditions, exclusions exclusions, and service conditions with respect to participation and coverage requirements for applicable to any Carrier Group Employee, Former Carrier Group Employee, Otis SpinCo Group Employee or Former Otis SpinCo Group Employee, as applicable, other than limitations that were in effect with respect to such employees the SpinCo Group Employee or former employees Former SpinCo Group Employee under the applicable UTC Parent Welfare Plan as of immediately prior to the Effective Time; , and (y) any waiting period limitation or evidence of insurability requirement applicable to a SpinCo Group Employee or Former SpinCo Group Employee other than limitations or requirements that were in effect with respect to such employees SpinCo Group Employee or former employees Former SpinCo Group Employee under the applicable UTC Parent Welfare Plans as of immediately prior to the Effective Time; and (ii) take into account (x) with respect to aggregate annual, lifetime lifetime, or similar maximum benefits available under the Carrier Welfare Plans or Otis SpinCo Welfare Plans, respectively, a Carrier Group Employee’s, Former Carrier Group Employee’s, Otis SpinCo Group Employee’s and or Former Otis SpinCo Group Employee’s, as applicable, ’s prior claim experience under the UTC Parent Welfare PlansPlans and any Benefit Plan that provides leave benefits; and (y) any eligible expenses incurred by a Carrier Group Employee, Former Carrier Group Employee, Otis SpinCo Group Employee or Former Otis SpinCo Group Employee, as applicable, Employee and his or her covered dependents during the portion of the plan year of the applicable UTC Parent Welfare Plan ending as of the Effective Time to be taken into account under such Carrier Welfare Plan or Otis SpinCo Welfare Plan for purposes of satisfying all deductible, coinsurance coinsurance, and maximum out-of-pocket requirements applicable to such employees SpinCo Group Employee or former employees Former SpinCo Group Employee and his or her covered dependents for the applicable plan year to the same extent as such expenses were taken into account by UTC Parent for similar purposes prior to the Effective Time as if such amounts had been paid in accordance with such Carrier Welfare Plan or Otis SpinCo Welfare Plan, as applicable.

Appears in 1 contract

Samples: Employee Matters Agreement (Frontdoor, Inc.)

Waiver of Conditions; Benefit Maximums. Carrier shall, or CoalCo shall cause a member of the Carrier Group to, and Otis shall or shall cause a member of the Otis Group to, use commercially reasonable efforts to cause the Carrier CoalCo Welfare Plans and Otis Welfare Plans, respectively, to: (i) with respect to initial enrollment as of the Effective TimeDistribution Date, waive or request a carrier waive (xA) all limitations as to preexisting conditions, exclusions exclusions, and service conditions with respect to participation and coverage requirements for applicable to any Carrier Group Employee, Former Carrier Group Employee, Otis CoalCo Group Employee or a Former Otis CoalCo Group Employee, as applicable, other than limitations that were in effect with respect to such employees the CoalCo Group Employee or former employees a Former CoalCo Group Employee under the applicable UTC Parent Welfare Plan as of immediately prior to the Effective Time; Distribution Date, and (yB) any waiting period limitation or evidence of insurability requirement applicable to a CoalCo Group Employee or Former CoalCo Group Employee other than limitations or requirements that were in effect with respect to such employees CoalCo Group Employee or former employees Former CoalCo Group Employee under the applicable UTC Parent Welfare Plans as of immediately prior to the Effective TimeDistribution Date; and (ii) take into account (xA) with respect to aggregate annual, lifetime lifetime, or similar maximum benefits available under the Carrier Welfare Plans or Otis CoalCo Welfare Plans, respectively, a Carrier Group Employee’s, Former Carrier Group Employee’s, Otis CoalCo Group Employee’s and or Former Otis CoalCo Group Employee’s, as applicable, ’s prior claim experience under the UTC Parent Welfare PlansPlans and any Benefit Plan that provides leave benefits; and (yB) any eligible expenses incurred by a Carrier Group Employee, Former Carrier Group Employee, Otis CoalCo Group Employee or a Former Otis CoalCo Group Employee, as applicable, Employee and his or her covered dependents during the portion of the plan year of the applicable UTC Parent Welfare Plan ending as of the Effective Time Distribution Date to be taken into account under such Carrier Welfare Plan or Otis CoalCo Welfare Plan for purposes of satisfying all deductible, coinsurance coinsurance, and maximum out-of-pocket requirements applicable to such employees CoalCo Group Employee or former employees Former CoalCo Group Employee and his or her covered dependents for the applicable plan year to the same extent as such expenses were taken into account by UTC Parent for similar purposes prior to the Effective Time Distribution Date as if such amounts had been paid in accordance with such Carrier Welfare Plan or Otis CoalCo Welfare Plan, as applicable.

Appears in 1 contract

Samples: Employee Matters Agreement (CONSOL Mining Corp)

Waiver of Conditions; Benefit Maximums. Carrier shall, or shall cause a member of the Carrier Group to, and Otis Corebridge shall or shall cause a member of the Otis Corebridge Group to, use commercially reasonable efforts to cause the Carrier Corebridge Welfare Plans and Otis Welfare Plans, respectively, to: (i) with respect to initial enrollment as of during the Effective Time2022 calendar year, waive (x) all limitations as to preexisting conditions, exclusions and service conditions with respect to participation and coverage requirements for any Carrier Corebridge Group Employee, Former Carrier including a 2022 Corebridge Group Employee, Otis Group Employee or and Former Otis Corebridge Group Employee, as applicable, other than limitations that were in effect with respect to such employees or former employees individuals under the applicable UTC AIG Welfare Plan as of immediately prior to the Effective TimeBenefits Transition Date or, if later, an Employment Transfer Date that occurs after the Benefits Transition Date and on or prior to December 31, 2022 (the “2022 Employment Transfer Date”); and (y) any waiting period limitation or evidence of insurability requirement other than limitations or requirements that were in effect with respect to such employees or former employees individuals under the applicable UTC AIG Welfare Plans as of immediately prior to the Effective TimeBenefits Transition Date or, if later, the 2022 Employment Transfer Date; and (ii) take into account for the 2022 calendar year (x) with respect to aggregate annual, lifetime annual or similar maximum benefits available under the Carrier Welfare Plans or Otis Corebridge Welfare Plans, respectively, a Carrier Group Employee’s, Former Carrier Group Employee’s, Otis Group Employee’s and Former Otis Group Employee’s, as applicable, the prior claim experience under the UTC AIG Welfare PlansPlans of a Corebridge Group Employee, and Former Corebridge Group Employee, including a 2022 Corebridge Group Employee; and (y) any eligible expenses incurred by a Carrier such Corebridge Group Employee, and Former Carrier Group Employee, Otis Corebridge Group Employee or Former Otis including a 2022 Corebridge Group Employee, as applicable, during the portion of the plan year of the applicable UTC AIG Welfare Plan ending as of the Effective Time under such Carrier Welfare Plan Benefits Transition Date or Otis Welfare Plan if later, 2022 Employment Transfer Date for purposes of satisfying all deductible, coinsurance and maximum out-of-pocket requirements applicable to such employees or former employees individuals for the applicable plan year to the same extent as such expenses were taken into account by UTC AIG for similar purposes prior to the Effective Time Benefits Transition Date or, if later, 2022 Employment Transfer Date as if such amounts had been paid in accordance with such Carrier Welfare Plan or Otis Corebridge Welfare Plan, as applicable.

Appears in 1 contract

Samples: Employee Matters Agreement (American International Group, Inc.)

Waiver of Conditions; Benefit Maximums. Carrier shall, or SpinCo shall cause a member of the Carrier Group to, and Otis shall or shall cause a member of the Otis Group to, use commercially reasonable efforts to cause the Carrier SpinCo Welfare Plans and Otis Welfare Plans, respectively, to: (i) with respect to initial enrollment as of the Effective Time, waive (xA) all limitations as to preexisting conditions, exclusions exclusions, and service conditions with respect to participation and coverage requirements for applicable to any Carrier Group Employee, Former Carrier Group Employee, Otis SpinCo Group Employee or Former Otis SpinCo Group Employee, as applicable, other than limitations that were in effect with respect to such employees the SpinCo Group Employee or former employees Former SpinCo Group Employee under the applicable UTC Rayonier Welfare Plan as of immediately prior to the Effective Time; , and (yB) any waiting period limitation or evidence of insurability requirement applicable to a SpinCo Group Employee or Former SpinCo Group Employee other than limitations or requirements that were in effect with respect to such employees SpinCo Group Employee or former employees Former SpinCo Group Employee under the applicable UTC Rayonier Welfare Plans as of immediately prior to the Effective Time; and (ii) take into account account, (xA) with respect to aggregate annual, lifetime lifetime, or similar maximum benefits available under the Carrier Welfare Plans or Otis SpinCo Welfare Plans, respectively, a Carrier Group Employee’s, Former Carrier Group Employee’s, Otis SpinCo Group Employee’s and or Former Otis SpinCo Group Employee’s, as applicable, ’s prior claim experience under the UTC Rayonier Welfare PlansPlans and any Benefit Plan that provides leave benefits; and (yB) any eligible expenses incurred by a Carrier Group Employee, Former Carrier Group Employee, Otis SpinCo Group Employee or Former Otis SpinCo Group Employee, as applicable, Employee and his or her covered dependents during the portion of the plan year of the applicable UTC Rayonier Welfare Plan ending as of the Effective Time to be taken into account under such Carrier Welfare Plan or Otis SpinCo Welfare Plan for purposes of satisfying all deductible, coinsurance coinsurance, and maximum out-of-pocket requirements applicable to such employees SpinCo Group Employee or former employees Former SpinCo Group Employee and his or her covered dependents for the applicable plan year to the same extent as such expenses were taken into account by UTC Rayonier for similar purposes prior to the Effective Time as if such amounts had been paid in accordance with such Carrier Welfare Plan or Otis SpinCo Welfare Plan, as applicable.

Appears in 1 contract

Samples: Employee Matters Agreement (Rayonier Advanced Materials Inc.)

Waiver of Conditions; Benefit Maximums. Carrier AbbVie shall, or shall cause a member of to the Carrier Group toextent commercially reasonable, and Otis shall or shall cause a member of the Otis Group to, use commercially reasonable efforts to cause the Carrier AbbVie Health and Welfare Plans and Otis Welfare Plans, respectively, to: (i) with respect to initial enrollment as of following the Effective Timeapplicable Transfer Date, waive waive (xA) all limitations as to preexisting conditions, exclusions exclusions, and service conditions with respect to participation and coverage requirements for applicable to any Carrier Group Employee, Former Carrier Group Employee, Otis Group Transferred Employee or Former Otis Group Employee, as applicableAbbVie LTD Participant, other than limitations that were in effect with respect to such employees the Transferred Employee or former employees the AbbVie LTD Participant under the applicable UTC Abbott Health and Welfare Plan as of immediately prior to the Effective Time; and such individual’s Transfer Date, and (yB) any waiting period limitation or evidence of insurability requirement applicable to a Transferred Employee or AbbVie LTD Participant other than limitations or requirements that were in effect with respect to such employees Transferred Employee or former employees AbbVie LTD Participant under the applicable UTC Abbott Health and Welfare Plans Plan as of immediately prior to the Effective Timesuch individual’s Transfer Date; and (ii) take into account account (xA) with respect to aggregate annual, lifetime lifetime, or similar maximum benefits available under the Carrier Welfare Plans or Otis AbbVie Health and Welfare Plans, respectively, a Carrier Group Employee’s, Former Carrier Group Employee’s, Otis Group Transferred Employee’s and Former Otis Group Employee’s, as applicable, or AbbVie LTD Participant’s prior claim experience under the UTC Abbott Health and Welfare PlansPlans and any Benefit Plan that provides leave benefits; and and (yB) any eligible expenses incurred by a Carrier Group Employee, Former Carrier Group Employee, Otis Group Transferred Employee or Former Otis Group Employee, as applicable, AbbVie LTD Participant and his or her covered dependents during the portion of the plan year of the applicable UTC Abbott Health and Welfare Plan ending as of on the Effective Time applicable Transfer Date to be taken into account under such Carrier Welfare Plan or Otis AbbVie Health and Welfare Plan for purposes of satisfying all deductible, coinsurance coinsurance, and maximum out-of-pocket requirements applicable to such employees Transferred Employee or former employees AbbVie LTD Participant and his or her covered dependents for the applicable plan year to the same extent as such expenses were taken into account by UTC for similar purposes prior to the Effective Time as if such amounts had been paid in accordance with such Carrier Welfare Plan or Otis AbbVie Health and Welfare Plan, as applicable.

Appears in 1 contract

Samples: Employee Matters Agreement (AbbVie Inc.)

Waiver of Conditions; Benefit Maximums. Carrier shall, or AbbVie shall cause a member of the Carrier Group to, and Otis shall or shall cause a member of the Otis Group to, use commercially reasonable efforts to cause the Carrier AbbVie Health and Welfare Plans and Otis Welfare Plans, respectively, to: (i) with respect to initial enrollment as of following the Effective Timeapplicable Transfer Date, waive waive (xA) all limitations as to preexisting conditions, exclusions exclusions, and service conditions with respect to participation and coverage requirements for applicable to any Carrier Group Employee, Former Carrier Group Employee, Otis Group Transferred Employee or Former Otis Group Employee, as applicableAbbVie LTD Participant, other than limitations that were in effect with respect to such employees the Transferred Employee or former employees the AbbVie LTD Participant under the applicable UTC Abbott Health and Welfare Plan as of immediately prior to the Effective Time; and such individual’s Transfer Date, and (yB) any waiting period limitation or evidence of insurability requirement applicable to a Transferred Employee or AbbVie LTD Participant other than limitations or requirements that were in effect with respect to such employees Transferred Employee or former employees AbbVie LTD Participant under the applicable UTC Abbott Health and Welfare Plans Plan as of immediately prior to the Effective Timesuch individual’s Transfer Date; and (ii) take into account account (xA) with respect to aggregate annual, lifetime lifetime, or similar maximum benefits available under the Carrier Welfare Plans or Otis AbbVie Health and Welfare Plans, respectively, a Carrier Group Employee’s, Former Carrier Group Employee’s, Otis Group Transferred Employee’s and Former Otis Group Employee’s, as applicable, or AbbVie LTD Participant’s prior claim experience under the UTC Abbott Health and Welfare PlansPlans and any Benefit Plan that provides leave benefits; and and (yB) any eligible expenses incurred by a Carrier Group Employee, Former Carrier Group Employee, Otis Group Transferred Employee or Former Otis Group Employee, as applicable, AbbVie LTD Participant and his or her covered dependents during the portion of the plan year of the applicable UTC Abbott Health and Welfare Plan ending as of on the Effective Time applicable Transfer Date to be taken into account under such Carrier Welfare Plan or Otis AbbVie Health and Welfare Plan for purposes of satisfying all deductible, coinsurance coinsurance, and maximum out-of-pocket requirements applicable to such employees Transferred Employee or former employees AbbVie LTD Participant and his or her covered dependents for the applicable plan year to the same extent as such expenses were taken into account by UTC for similar purposes prior to the Effective Time as if such amounts had been paid in accordance with such Carrier Welfare Plan or Otis AbbVie Health and Welfare Plan, as applicable.

Appears in 1 contract

Samples: Employee Matters Agreement (AbbVie Inc.)

Waiver of Conditions; Benefit Maximums. Carrier Xxxxxx XX shall, or shall cause a member of to the Carrier Group toextent commercially reasonable, and Otis shall or shall cause a member of the Otis Group to, use commercially reasonable efforts to cause the Carrier Xxxxxx XX Health and Welfare Plans and Otis Welfare Plans, respectively, - New to: (i) with respect to initial enrollment as of following the Effective TimeDistribution Date, waive waive (xA) all limitations as to preexisting conditions, exclusions exclusions, and service conditions with respect to participation and coverage requirements for applicable to any Carrier Group Employee, Former Carrier Group Employee, Otis Group Abbott Retained Employee or Former Otis Group Employee, as applicableXxxxxx LTD Participant, other than limitations that were in effect with respect to such employees the Abbott Retained Employee or former employees Abbott LTD Participant under the applicable UTC corresponding AbbVie PR Health and Welfare Plan as of immediately prior to the Effective Time; and Distribution Date, and (yB) any waiting period limitation or evidence of insurability requirement applicable to an Abbott Retained Employee or Xxxxxx LTD Participant other than limitations or requirements that were in effect with respect to such employees Abbott Retained Employee or former employees Xxxxxx LTD Participant under the applicable UTC corresponding AbbVie PR Health and Welfare Plans Plan as of immediately prior to the Effective TimeDistribution Date; and (ii) take into account account (xA) with respect to aggregate annual, lifetime lifetime, or similar maximum benefits available under the Carrier Xxxxxx XX Health and Welfare Plans or Otis Welfare PlansPlan - New, respectively, a Carrier Group Employee’s, Former Carrier Group Employee’s, Otis Group an Abbott Retained Employee’s and Former Otis Group Employee’s, as applicable, or Xxxxxx LTD Participant’s prior claim experience under the UTC corresponding AbbVie PR Health and Welfare PlansPlan and any Benefit Plan that provides leave benefits; and and (yB) any eligible expenses incurred by a Carrier Group Employee, Former Carrier Group Employee, Otis Group an Abbott Retained Employee or Former Otis Group Employee, as applicable, Abbott LTD Participant and his or her covered dependents during the portion of the plan year of the applicable UTC corresponding AbbVie PR Health and Welfare Plan ending as of on the Effective Time Distribution Date to be taken into account under such Carrier Xxxxxx XX Health and Welfare Plan or Otis Welfare Plan - New for purposes of satisfying all deductible, coinsurance coinsurance, and maximum out-of-pocket requirements applicable to such employees Abbott Retained Employee or former employees Xxxxxx LTD Participant and his or her covered dependents for the applicable plan year to the same extent as such expenses were taken into account by UTC for similar purposes prior to the Effective Time as if such amounts had been paid in accordance with such Carrier Xxxxxx XX Health and Welfare Plan or Otis Welfare Plan, as applicable- New.

Appears in 1 contract

Samples: Employee Matters Agreement (AbbVie Inc.)

Waiver of Conditions; Benefit Maximums. Carrier Xxxxxx XX shall, or shall cause a member of to the Carrier Group toextent commercially reasonable, and Otis shall or shall cause a member of the Otis Group to, use commercially reasonable efforts to cause the Carrier Xxxxxx XX Health and Welfare Plans and Otis Welfare Plans, respectively, - New to: (i) with respect to initial enrollment as of following the Effective TimeDistribution Date, waive waive (xA) all limitations as to preexisting conditions, exclusions exclusions, and service conditions with respect to participation and coverage requirements for applicable to any Carrier Group Employee, Former Carrier Group Employee, Otis Group Abbott Retained Employee or Former Otis Group Employee, as applicableXxxxxx LTD Participant, other than limitations that were in effect with respect to such employees the Abbott Retained Employee or former employees Xxxxxx LTD Participant under the applicable UTC corresponding AbbVie PR Health and Welfare Plan as of immediately prior to the Effective Time; and Distribution Date, and (yB) any waiting period limitation or evidence of insurability requirement applicable to an Abbott Retained Employee or Xxxxxx LTD Participant other than limitations or requirements that were in effect with respect to such employees Abbott Retained Employee or former employees Xxxxxx LTD Participant under the applicable UTC corresponding AbbVie PR Health and Welfare Plans Plan as of immediately prior to the Effective TimeDistribution Date; and (ii) take into account account (xA) with respect to aggregate annual, lifetime lifetime, or similar maximum benefits available under the Carrier Xxxxxx XX Health and Welfare Plans or Otis Welfare PlansPlan - New, respectively, a Carrier Group Employee’s, Former Carrier Group Employee’s, Otis Group an Abbott Retained Employee’s and Former Otis Group Employee’s, as applicable, or Xxxxxx LTD Participant’s prior claim experience under the UTC corresponding AbbVie PR Health and Welfare PlansPlan and any Benefit Plan that provides leave benefits; and and (yB) any eligible expenses incurred by a Carrier Group Employee, Former Carrier Group Employee, Otis Group an Abbott Retained Employee or Former Otis Group Employee, as applicable, Xxxxxx LTD Participant and his or her covered dependents during the portion of the plan year of the applicable UTC corresponding AbbVie PR Health and Welfare Plan ending as of on the Effective Time Distribution Date to be taken into account under such Carrier Xxxxxx XX Health and Welfare Plan or Otis Welfare Plan - New for purposes of satisfying all deductible, coinsurance coinsurance, and maximum out-of-pocket requirements applicable to such employees Abbott Retained Employee or former employees Xxxxxx LTD Participant and his or her covered dependents for the applicable plan year to the same extent as such expenses were taken into account by UTC for similar purposes prior to the Effective Time as if such amounts had been paid in accordance with such Carrier Xxxxxx XX Health and Welfare Plan or Otis Welfare Plan, as applicable- New.

Appears in 1 contract

Samples: Employee Matters Agreement (AbbVie Inc.)

Waiver of Conditions; Benefit Maximums. Carrier shall, or Save-A-Lot shall cause a member of the Carrier Group to, and Otis shall or shall cause a member of the Otis Group to, use commercially reasonable efforts to cause the Carrier Save-A-Lot Welfare Plans and Otis Welfare Plans, respectively, to: (i) with respect to initial enrollment as of the Effective Timetime the Save-A-Lot Welfare Plans become effective, waive (xA) all limitations as to preexisting conditions, exclusions and service conditions with respect to participation and coverage requirements for applicable to any Carrier Group Employee, Former Carrier Group Employee, Otis Save-A-Lot Group Employee or Former Otis Save-A-Lot Group Employee, as applicable, other than limitations that were in effect with respect to such employees the Save-A-Lot Group Employee or former employees Former Save-A-Lot Group Employee under the applicable UTC Supervalu Welfare Plan as of immediately prior to the Effective Timetime the applicable Save-A-Lot Welfare Plan becomes effective; and (yB) any waiting period limitation or evidence of insurability requirement applicable to a Save-A-Lot Group Employee or Former Save-A-Lot Group Employee other than limitations or requirements that were in effect with respect to such employees Save-A-Lot Group Employee or former employees Former Save-A-Lot Group Employee under the applicable UTC Supervalu Welfare Plans Plan as of immediately prior to the Effective Timetime such Save-A-Lot Welfare Plan becomes effective; and (ii) take into account (xA) with respect to aggregate annual, lifetime or similar maximum benefits available under the Carrier Welfare Plans or Otis Save-A-Lot Welfare Plans, respectively, a Carrier Group Employee’s, Former Carrier Group Employee’s, Otis Save-A-Lot Group Employee’s and or Former Otis Save-A-Lot Group Employee’s, as applicable, ’s prior claim experience under the UTC Supervalu Welfare PlansPlans and any Benefit Plan that provides leave benefits; and (yB) any eligible expenses incurred by a Carrier Group Employee, Former Carrier Group Employee, Otis Save-A-Lot Group Employee or Former Otis Save-A-Lot Group Employee, as applicable, Employee and his or her covered dependents during the portion of the plan year of the applicable UTC Supervalu Welfare Plan ending as of the Effective Time time the applicable Save-A-Lot Welfare Plan becomes effective to be taken into account under such Carrier Welfare Plan or Otis Save-A-Lot Welfare Plan for purposes of satisfying all deductible, coinsurance and maximum out-of-of- pocket requirements applicable to such employees Save-A-Lot Group Employee or former employees Former Save-A-Lot Group Employee and his or her covered dependents for the applicable plan year to the same extent as such expenses were taken into account by UTC Supervalu for similar purposes prior to the Effective Time time the applicable Save-A-Lot Welfare Plan becomes effective as if such amounts had been paid in accordance with such Carrier Welfare Plan or Otis Save-A-Lot Welfare Plan, as applicable.

Appears in 1 contract

Samples: Separation Agreement (Supervalu Inc)

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