RESTATEMENT AND MERGER Clause Samples

The Restatement and Merger clause establishes that the current agreement fully replaces and consolidates all prior agreements, negotiations, or understandings between the parties regarding the subject matter. In practice, this means that any previous written or oral communications or contracts are rendered void and have no legal effect, with only the present agreement governing the relationship. This clause ensures clarity and prevents disputes by confirming that only the terms within the current contract are enforceable, eliminating ambiguity about which terms apply.
RESTATEMENT AND MERGER. The Participating Employer's adoption of this Plan constitutes the amendment and restatement of the Participating Employer's plan known as: and originally effective: which plan is being merged into this Plan effective as of: .
RESTATEMENT AND MERGER. The Participating Employer's adoption of this Plan constitutes the amendment and restatement of the Participating Employer's plan known as: and originally effective: which plan is being merged into this Plan effective as of: . i. [ ] CESSATION. The Participating Employer is ceasing its participation in the Plan effective as of: . j. [ ] SPECIAL EFFECTIVE DATES: . C. ALLOCATION OF CONTRIBUTIONS AND FORFEITURES Contributions and Forfeitures will be allocated together for Participating Employers unless a selection is made below (select k. or all that apply at l. - m.)
RESTATEMENT AND MERGER. The Participating Employer's adoption of this Plan constitutes the amendment and restatement of the Participating Employer's plan known as and originally effective which plan is being merged into this Plan effective as of: . i. [ ] CESSATION. The Participating Employer is ceasing its participation in the Plan effective as of . j. [ ] SPECIAL EFFECTIVE DATES: . C. ALLOCATION OF CONTRIBUTIONS AND FORFEITURES (for Non-standardized plans only) Contributions and Forfeitures will be allocated together for Participating Employers unless a selection is made below (select a. or b. and/or c.) a. [ ] N/A. b. [ ] Contributions made by a Participating Employer will only be allocated to Participants employed by such Participating Employer. c. [ ] Forfeitures of amounts attributable to a Participating Employer will only be used for the benefit of the Participants of such Participating Employer. D. PROFESSIONAL EMPLOYER ORGANIZATION (PEO) This Plan shall be for a Professional Employer Organization (PEO): a. [ ] No b. [ ] Yes
RESTATEMENT AND MERGER. The Participating Employer's adoption of this Plan constitutes the amendment and restatement of the Participating Employer's plan known as: Nesco LLC Retirement Savings Plan and originally effective: January 1, 2006 which plan is being merged into this Plan effective as of January 1, 2014.

Related to RESTATEMENT AND MERGER

  • Consolidation and Merger The Borrower will not (a) enter into any transaction of merger or (b) consolidate, liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution); provided that, so long as no Default or Event of Default shall exist or be caused thereby, a Person may be merged or consolidated with or into the Borrower so long as the Borrower shall be the continuing or surviving Person.

  • AGREEMENT AND PLAN OF MERGER The Sponsor understands and acknowledges that the SPAC, PubCo, Merger Sub, the Company, SinCo and the Shareholders are entering into the Agreement and Plan of Merger in reliance upon the Sponsor’s execution and delivery of this Agreement. The Sponsor has received a copy of the Agreement and Plan of Merger, is familiar with the provisions of the Agreement and Plan of Merger and has consented to (and hereby consents to) the SPAC’s entry into the Agreement and Plan of Merger.

  • Consolidations and Mergers The Borrower shall not, and shall not permit any Subsidiary (other than any Allied Unrestricted Subsidiary, any Securitization Subsidiary or any Republic Insurance Entity) to, merge, consolidate with, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any other Person, except: (a) any Subsidiary may merge with the Borrower or with any one or more Subsidiaries; provided that (i) if any transaction shall be between the Borrower and a Subsidiary, the Borrower shall be the continuing or surviving Person, (ii) if any transaction shall be between a Subsidiary and a Wholly-Owned Subsidiary, a Wholly-Owned Subsidiary shall be the continuing or surviving Person; and (iii) if any transaction shall be between an Excluded Subsidiary and a Subsidiary that is not an Excluded Subsidiary, a Subsidiary that is not an Excluded Subsidiary shall be the continuing or surviving Person; (b) any Subsidiary (other than an Excluded Subsidiary) may sell or transfer all or substantially all of its assets (upon voluntary liquidation or otherwise) to the Borrower or a Wholly-Owned Subsidiary, and any Excluded Subsidiary may transfer all or substantially all of its assets to the Borrower or a Subsidiary that is not an Excluded Subsidiary for nominal consideration or as a result of the voluntary dissolution or liquidation of such Excluded Subsidiary; and (c) any merger, consolidation or disposition in connection with a transaction permitted by Section 7.03 or an Acquisition permitted by Section 7.05.

  • Performance of Obligations of Parent and Merger Sub Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective Time.

  • Conditions to Obligations of Parent and Merger Sub The obligations of Parent and Merger Sub to effect the Merger are also subject to the satisfaction or waiver by Parent at or prior to the Effective Time of the following conditions: