Examples of Buyer 401(k) Plan in a sentence
In no event shall the Seller 401(k) Plan be merged with and into the Buyer 401(k) Plan, unless Buyer determines in its reasonable judgment that (A) the Seller 401(k) Plan is a qualified plan under Section 401(a) of the Code, both as to the form of the Seller 401(k) Plan and as to its operation, and (B) there are no facts in existence that would be reasonably likely to adversely affect the qualified status of the Seller 401(k) Plan.
Buyer shall establish a tax-qualified defined contribution retirement plan (which may be a component of the Buyer 401(k) Plan) for Transferred Employees who participate in the Salaried Plan that provides for an employer contribution in lieu of the benefit provided to such employees under the Salaried Plan.
Such transfer shall include a transfer of the applicable assets from the trust pursuant to the Seller 401(k) Plan to the trust pursuant to the Buyer 401(k) Plan in accordance with Section 414(l) of the Code.
Sellers and Buyer shall cooperate with each other (and cause the trustees of the Seller 401(k) Plans, the Seller Pension Plans, the Buyer 401(k) Plan and the Buyer Hourly Plan to cooperate with each other) with respect to the transactions contemplated by this Section 10.2.1.
Buyer agrees to permit Continuing Employees to rollover their account balances in the Seller 401(k) Plan to the Buyer 401(k) Plan, including the in-kind rollover of plan loans, which Buyer agrees in such event to administer according to their terms.