Common use of Certain Assurances Clause in Contracts

Certain Assurances. Prior to the transfer of assets from the BOC 401(k) Plan to the Purchasers’ 401(k) Plan described above, (i) the Purchasers shall provide the Seller reasonable written assurances (or if available, a current IRS determination letter) that the Purchasers’ 401(k) Plan satisfies the requirements of Section 401(a) of the Code and (ii) the Seller shall provide to the Purchasers reasonable written assurances (or, if available, a current IRS determination letter) that the BOC 401(k) Plan satisfies the requirements of Section 401(a) of the Code. The Seller and the Purchasers shall, in connection with such transfer, cooperate in making (or cause any other parties to make) all filings required or appropriate under the Code and ERISA and the regulations thereunder, and in completing such transfer of assets and related assumption of liabilities.