A buyer who currently maintains an ordinary 401(k) plan purchases a seller (stock deal) that maintains a SIMPLE 401(k). The buyer is not eligible to sponsor the SIMPE 401(k) (too many employees). Can (or must) the buyer termiante the SIMPLE 401(k)? The reason why I ask is because 401(k)(10) prohibits an employer from terminating a 401(k) if they maintain or adopt another 401(k) within 12 months.