Lumentum Group definition
Examples of Lumentum Group in a sentence
Such recognition of seniority shall include any seniority that JDSU or any of its Subsidiaries recognized from any previous employer(s) with respect to each Lumentum Group Employee.
If any disclosures are made in connection with providing services to any member of the Lumentum Group under this Agreement or any other Transaction Document, then the JDSU 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.
Unless prohibited by applicable Law, following the Effective Time (a) the Lumentum Group shall be solely responsible for all income, payroll and other tax remittance and reporting related to income recognized by holders of Holdings Equity Awards in respect of their Holdings Equity Awards; and (b) Viavi shall be solely responsible for all income, payroll and other tax remittance and reporting related to income recognized by holders of Viavi Equity Awards in respect of their Viavi Equity Awards.
With respect to each Automatic Transfer Employee and Non-Automatic Transfer Employee that become members of the Lumentum Group as of the Distribution Date, all non-flexible spending claims and non-dependent care flexible spending claims shall be the responsibility of their employer at the time the claim was incurred.
Subject to any limitation imposed by applicable Law and to the extent that it has not done so before the Transfer Date, JDSU shall transfer to Lumentum any and all employment records (including any Form I-9, Form W-2 or other IRS forms) with respect to Lumentum Group Employees and other records reasonably required by Lumentum and Holdings to enable Lumentum and Holdings to properly carry out their obligations under this Agreement.
Lumentum shall, and shall cause the applicable member of the Lumentum Group to, recognize each Lumentum Group Employee’s service with JDSU or any of its Subsidiaries or predecessor entities before the Transfer Date for all purposes including with respect to those Lumentum Benefit Plans adopted or maintained by the Lumentum Group on or as of the Distribution Date, unless as otherwise set forth in this Agreement.
The parties agree that Lumentum Group Employees who have earned any amount of awards under the applicable JDSU Variable Compensation Plans prior to the Distribution Date shall be entitled to receive payment of such awards notwithstanding any requirement in the applicable JDSU Variable Compensation Plans that the Employee remains employed by JDSU on the date of the payment.
Any election made by a Lumentum Group Employee under the JDSU Deferred Compensation Plan, including without limitation those with respect to compensation deferral, investments, optional forms of benefit, benefit commencement and beneficiaries, shall be recognized for the same purposes under the Lumentum Deferred Compensation Plan.
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.