Crediting Service. With respect to any “employee benefit plan” as defined in Section 3(3) of ERISA maintained by High Tide or any of its Subsidiaries, excluding any retiree health plans or programs maintained by High Tide or any of its Subsidiaries, any defined benefit retirement plans or programs maintained by High Tide or any of its Subsidiaries, and any equity compensation arrangements maintained by High Tide or any of its Subsidiaries (collectively, “High Tide Benefit Plans”) in which any DHC Continuing Employees will participate effective as of the Closing Date, and subject to the terms of the governing plan documents, High Tide shall, or shall cause DHC to, credit all service of DHC Continuing Employees with DHC, as if such service were with High Tide, for purposes of eligibility to participate (but not for purposes of vesting or benefit accrual, except for vacation, if applicable) for full or partial years of service in any High Tide Benefit Plan in which such DHC Continuing Employees may be eligible to participate after the Closing Date; provided, that such service shall not be credited to the extent that: (i) such crediting would result in a duplication of benefits; or (ii) such service was not credited under the corresponding DHC Employee Plan.
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Sources: Merger Agreement (High Tide Inc.)
Crediting Service. With respect to any “employee benefit plan” as defined in Section 3(3) of ERISA maintained by High Tide or any of its Subsidiaries, excluding any retiree health plans or programs maintained by High Tide or any of its Subsidiaries, any defined benefit retirement plans or programs maintained by High Tide or any of its Subsidiaries, and any equity compensation arrangements maintained by High Tide or any of its Subsidiaries (collectively, “High Tide Benefit Plans”) in which any DHC Fab CBD Continuing Employees will participate effective as of the Closing Date, and subject to the terms of the governing plan documents, High Tide shall, or shall cause DHC Fab CBD to, credit all service of DHC Fab CBD Continuing Employees with DHCFab CBD, as if such service were with High Tide, for purposes of eligibility to participate (but not for purposes of vesting or benefit accrual, except for vacation, if applicable) for full or partial years of service in any High Tide Benefit Plan in which such DHC Fab CBD Continuing Employees may be eligible to participate after the Closing Date; provided, that such service shall not be credited to the extent that: (i) such crediting would result in a duplication of benefits; or (ii) such service was not credited under the corresponding DHC Fab CBD Employee Plan.
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Crediting Service. With respect to any “employee benefit plan” as defined in Section 3(3) of ERISA maintained by High Tide or any of its Subsidiaries, excluding any retiree health plans or programs maintained by High Tide or any of its Subsidiaries, any defined benefit retirement plans or programs maintained by High Tide or any of its Subsidiaries, and any equity compensation arrangements maintained by High Tide or any of its Subsidiaries (collectively, “High Tide Benefit Plans”) in which any DHC DSD Continuing Employees will participate effective as of the Closing Date, and subject to the terms of the governing plan documents, High Tide shall, or shall cause DHC DSD to, credit all service of DHC DSD Continuing Employees with DHCDSD, as if such service were with High Tide, for purposes of eligibility to participate (but not for purposes of vesting or benefit accrual, except for vacation, if applicable) for full or partial years of service in any High Tide Benefit Plan in which such DHC DSD Continuing Employees may be eligible to participate after the Closing Date; provided, that such service shall not be credited to the extent that: (i) such crediting would result in a duplication of benefits; or (ii) such service was not credited under the corresponding DHC DSD Employee Plan.
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