Examples of Parent DC Plan in a sentence
Effective as of the Closing Date or any subsequent date reasonably requested by Xxxxxx (but not later than the 60th day following the Closing Date), all such Continuing Employees shall be eligible to effect a “direct rollover” (as described in Section 401(a)(31) of the Code) of their account balances (including participant loans) under the Company DC Plan to the Parent DC Plan in the form of cash and participant loan notes.
Upon the distribution of the assets in the accounts under the Company DC Plans to the participants, Parent shall take any action necessary to permit the Continuing Employees to make rollover contributions of “eligible rollover distributions” from the applicable Company DC Plan to the applicable Parent DC Plan (including in cash or notes (in the case of loans)).
The Continuing Employees shall be eligible to participate in the Parent DC Plan immediately following the Effective Time.
The DC Employees shall be given credit under the respective Parent DC Plan for all service with and compensation from the Company and its Affiliates and their respective predecessors as if it were service with and compensation from the Parent for purposes of determining eligibility and vesting under each respective Parent DC Plan.
For the avoidance of doubt, none of Purchaser, the Transferred Companies or any of their respective Affiliates, nor the MHE DC Plan shall assume any Liabilities or expenses arising under or relating to the Parent DC Plan other than the obligation to distribute the account balances (and any earnings thereon through the date of distribution) in accordance with the MHE DC Plan and applicable Law.
The Sellers shall cause each Transferred Employee to be fully vested in such Transferred Employees account balance in the Parent DC Plan in which such Transferred Employee participates as of the Closing Date.
Notwithstanding anything to the contrary contained herein, for purposes of measuring comparability under this Section 6.10, the Parent DC Plan shall be deemed to be comparable in all respects to the Company DC Plan and the ESOP.
Purchaser agrees that it will provide for earnings on account balances under the MHE DC Plan on a basis that is substantially as favorable to Transferred Employees as the earnings alternative available to participants in the Parent DC Plan.
Parent and its Affiliates shall take whatever actions are necessary to ensure that the Parent DC Plan accepts the in-kind rollover of participant loans from the Company DC Plans to the Parent DC Plan, as described in the preceding sentence.
Prior to the Closing, Sellers shall cause a member of the Education Group to establish a deferred compensation plan (the “MHE DC Plan”) that is substantially identical to Parent’s Key Executive Short-Term Incentive Deferred Compensation Plan, as amended and restated as of January 1, 2008 (the “Parent DC Plan”) and Sellers shall cause the transfer from the Parent DC Plan to the MHE DC Plan of all outstanding obligations with respect to each Transferred Employee.