JDSU Group definition
Examples of JDSU Group in a sentence
If any disclosures are made in connection with providing services to any member of the JDSU Group under this Agreement or any other Transaction Document, then the Lumentum Confidential Information so disclosed shall be used only as required to perform the services.
However, any such payments associated with those JDSU Group Employees engaged in the Lumentum Business or otherwise anticipated by the parties to transfer to the Lumentum Group in connection with the Distribution shall be treated as a Corporate Contingent Liability as defined in the CONTRIBUTION AGREEMENT and shall be subject to the treatment of Corporate Contingent Liabilities as set out in the CONTRIBUTION AGREEMENT.
To the extent the transfer of JDSU Group Employees pursuant to the terms of this Agreement triggers any payout of notice, severance, termination indemnities or similar payments, such payments if triggered prior to the Distribution, will be retained, accepted and/or assumed by the JDSU Group.
The Lumentum Group shall be solely responsible for establishing performance metrics, funding, paying, and discharging all obligations relating to any variable compensation awards under the Lumentum Variable Compensation Plans, and no member of the JDSU Group or Viavi Group shall have any rights or obligations with respect thereto.
The JDSU 401(k) Plan shall be amended to prevent any Lumentum Group Employee from being entitled to a right to a distribution of his or her benefit under the JDSU 401(k) Plan as a result of his or her transfer of employment from the JDSU Group to the Lumentum Group.
Each JDSU Non-U.S. Retirement Plan shall retain all Assets and Liabilities related to JDSU Group Employees, and Former JDSU Group Employees.
JDSU and Holdings each shall be responsible for any Transfer Taxes incurred by the JDSU Group and the Holdings Group, respectively, as a result of the Contribution.
The amount of any refunds, credits or offsets of Ordinary Course Taxes relating to (i) the Holdings Group (other than foreign Holdings Affiliates), the Holdings Group Assets or the Holdings Business for a Pre-Distribution Period shall be for the account of JDSU, (ii) the Holdings Group, the Holdings Group Assets or the Holdings Business for a Post-Distribution Period shall be for the account of Holdings, and (iii) the JDSU Group, the JDSU Group Assets or the JDSU Business shall for the account of JDSU.
The parties acknowledge and agree that neither the consummation of the Transfer nor any transaction contemplated by this Agreement, the CONTRIBUTION AGREEMENT or any other Transaction Document shall be deemed to be a “change of control,” “change in control,” or term of similar import for purposes of any Benefit Plan or Individual Agreement sponsored or maintained by any member of the JDSU Group.
The parties acknowledge and agree that the continuation or transfer of the employment of Employees as contemplated by this section shall not entitle any JDSU Group Employees or Lumentum Group Employees to separation payments, benefits or rights of any kind unless otherwise required by applicable Law.