Examples of Marathon Benefit Plan in a sentence
All contributions, transfers and payments in respect of any Marathon Benefit Plan have been or are fully deductible under the Code.
Holdco will use commercially reasonable efforts to give or cause its Subsidiaries to give the Employees credit under the applicable Holdco Plan for amounts paid prior to the Closing Date during the calendar year in which the Closing Date occurs under a corresponding Marathon Benefit Plan or Uniloc Benefit Plan for purposes of applying deductibles, co-payments and out-of-pocket maximums as though such amounts had been paid in accordance with the terms and conditions of the Holdco Plan.
No amount payable to any current or former service provider (whether in cash or property or as a result of accelerated vesting) as a result of the execution of this Agreement or the consummation of the Transactions (either alone or together with any other event) under any Marathon Benefit Plan or other compensation arrangement would be nondeductible under Code Section 280G.
No Claims with respect to Marathon Benefit Plans (other than routine claims for benefits) or with respect to any fiduciary or other person dealing with any Marathon Benefit Plan are pending or threatened, and neither Marathon nor any ERISA Affiliate of Marathon has any Knowledge of any facts which could give rise to or be expected to give rise to any such actions, suits, investigations or claims.
Marathon has furnished to Ashland true and complete copies of the following items relating to each Marathon Benefit Plan: (i) the governing plan documents, including all amendments thereto, (ii) the most recent summary plan description and summary of material modifications, (iii) the most recent Form 5500 Annual Report filed with the Internal Revenue Service, together with attachments thereto, and (iv) if applicable, the most recent actuarial report.
Notwithstanding anything in this Section 4.6 to the contrary, nothing in this Agreement, whether express or implied, shall be treated as an amendment or other modification of any Marathon Benefit Plan, any Uniloc Benefit Plan or any other employee benefit plans of Marathon or Uniloc, or prevent Holdco or any of its Subsidiaries from amending or terminating any employee benefit plan.
Throughout the evaluation engagements, participants were encouraged to examine what success is for them, how they measure it and what strategies they use for achieving success.
Except as set forth on Schedule 5.11 to the Marathon Asset Transfer and Contribution Agreement Disclosure Letter, no Marathon Benefit Plan provides, and neither Marathon nor any ERISA Affiliate of Marathon is otherwise obligated to provide, any amount constituting an excess parachute payment (as defined in Section 280G of the Code) with respect to any current or former employee of Marathon’s Business that will become a liability of the Company.
Each Marathon Benefit Plan and all related trusts, insurance contracts, and funds have been maintained, funded and administered in substantial compliance in all material respects with all Applicable Laws.
No Marathon Benefit Plan is, or at any time was, funded through a welfare benefit fund (within the meaning of Code Section 419(e)), and no benefits under any Marathon Benefit Plan are or at any time have been provided through a voluntary employees' beneficiary association (within the meaning of Code Section 501(c)(9)) or a supplemental unemployment benefit plan (within the meaning of Code Section 501(c)(17)).