Common use of Absence of Changes in Benefit Plans Clause in Contracts

Absence of Changes in Benefit Plans. (a) Except as disclosed in the Filed SEC Documents, since December 1, 2003 there has not been any adoption or amendment in any material respect by the Company or any Company Subsidiary of any collective bargaining agreement or any bonus, pension, profit sharing, deferred compensation, incentive compensation, stock ownership, stock purchase, stock option, phantom stock, retirement, thrift, savings, stock bonus, restricted stock, cafeteria, paid time off, perquisite, fringe benefit, vacation, severance, disability, death benefit, hospitalization, medical or other plan, arrangement or understanding (whether or not legally binding) providing benefits to any current or former employee, officer or director of the Company or any Company Subsidiary (collectively, “Company Benefit Plans”). (b) Except as disclosed in the Filed SEC Documents, there are not any employment, consulting, deferred compensation, indemnification, severance or termination agreements or arrangements between the Company or any Company Subsidiary and any current or former employee, officer or director of the Company or any Company Subsidiary (collectively, “Company Benefit Agreements”). (c) Except as disclosed in the Filed SEC Documents, since December 1, 2003 there has not been any action to accelerate any rights or benefits, any action to fund or in any other way secure the payment of compensation or benefits under any Company Benefit Agreement or Company Benefit Plan, or any material determinations not in the ordinary course of business, under any collective bargaining agreement or Company Benefit Plan or Company Benefit Agreement.

Absence of Changes in Benefit Plans. (a) Except as disclosed in the Filed SEC Documents, since December 1, 2003 there has not been any adoption or amendment in any material respect by the Company or any Company Subsidiary of any collective bargaining agreement or any bonus, pension, profit sharing, deferred compensation, incentive compensation, stock ownership, stock purchase, stock option, phantom stock, retirement, thrift, savings, stock bonus, restricted stock, cafeteria, paid time off, perquisite, fringe benefit, vacation, severance, disability, death benefit, hospitalization, medical or other plan, arrangement or understanding (whether or not legally binding) providing benefits to any current or former employee, officer or director of the Company or any Company Subsidiary (collectively, “Company Benefit Plans”COMPANY BENEFIT PLANS). (b) Except as disclosed in the Filed SEC Documents, there are not any employment, consulting, deferred compensation, indemnification, severance or termination agreements or arrangements between the Company or any Company Subsidiary and any current or former employee, officer or director of the Company or any Company Subsidiary (collectively, “Company Benefit Agreements”COMPANY BENEFIT AGREEMENTS). (c) Except as disclosed in the Filed SEC Documents, since December 1, 2003 there has not been any action to accelerate any rights or benefits, any action to fund or in any other way secure the payment of compensation or benefits under any Company Benefit Agreement or Company Benefit Plan, or any material determinations not in the ordinary course of business, under any collective bargaining agreement or Company Benefit Plan or Company Benefit Agreement.

Absence of Changes in Benefit Plans. (a) Except From the date of the most recent audited financial statements included in the Filed Company SEC Documents to the date of this Agreement, and except as disclosed in the Applicable Filed Company SEC DocumentsDisclosures, since December 1, 2003 there has not been any adoption establishment, adoption, entering into, amendment or amendment modification in any material respect by the Company or any Company Subsidiary or termination of any collective bargaining agreement or any bonuspension, pensionretirement, profit sharing, deferred compensation, bonus, incentive compensation, stock ownership, stock purchase, stock option, phantom stock, retirement, thrift, savings, stock bonus, restricted stock, cafeteria, paid time off, perquisite, fringe benefitor other equity-based compensation, vacation, severance, change in control, disability, death benefit, hospitalization, medical medical, welfare benefit or other employee benefits plan, program, policy, arrangement or understanding (whether or not legally binding) sponsored, maintained or contributed to, or required to be maintained or contributed to, by the Company or any Company Subsidiary, in each case, providing compensation or benefits to any current or former employeeemployees, officer consultants, officers or director directors of the Company, any Company Subsidiary, or any other person or entity that, together with the Company, is treated as a single employer under Section 414(b), (c), (m) or (o) of the Code or with respect to which the Company Subsidiary is otherwise jointly or severally liable under applicable Law (each, a "Company Commonly Controlled Entity"), but not including any Company Benefit Agreements (collectively, “"Company Benefit Plans”"). (b) Except . As of the date of this Agreement, except as disclosed in filed as an exhibit to the Filed Company SEC Documents, there are not any employment, consulting, deferred compensation, indemnification, severance retention, severance, change in control or termination agreements or arrangements between the Company or any Company Subsidiary and any current or former employee, officer or director of the Company or any Company Subsidiary or applicable to any employees of the Company or any Company Subsidiary (collectively, “the "Company Benefit Agreements”"). (c) Except as disclosed in the Filed SEC Documents, since December 1, 2003 there has not been any action to accelerate any rights or benefits, any action to fund or in any other way secure the payment of compensation or benefits under any Company Benefit Agreement or Company Benefit Plan, or any material determinations not in the ordinary course of business, under any collective bargaining agreement or Company Benefit Plan or Company Benefit Agreement.