Benefit Plans; Company Plans. Schedule 4.01(v) discloses all written and unwritten "employee benefit plans" within the meaning of Section 3(3) of ERISA, and any other written and unwritten profit sharing, pension, savings, deferred compensation, consultant, bonus, fringe benefit, insurance, medical, medical reimbursement, life, disability, accident, post-retirement health or welfare benefit, stock option, stock purchase, sick pay, vacation, employment, severance, termination or other incentive, welfare or employee benefit plan, agreement, contract, policy, trust fund or arrangement (each a "Benefit Plan"), whether or not funded and whether or not terminated, (i) maintained or sponsored by First Xxxxxxx or any of its Subsidiaries, or (ii) with respect to which First Xxxxxxx or any of its Subsidiaries has or may have liability or is obligated to contribute, or (iii) that otherwise covers any of the current or former employees of First Xxxxxxx or any of its Subsidiaries or their beneficiaries, or (iv) as to which any such current or former employees or their beneficiaries participated or were entitled to participate or accrue or have accrued any rights thereunder (each, a "Company Plan"). For each Company Plan, to the extent applicable to each such Company Plan, complete copies of the following have been delivered to BT Financial (but in any event, no later than seven (7) days prior to the Closing Date): (i) the documents embodying the Company Plans, including the plan documents, all amendments thereto, the related trust or funding agreements, investment management agreements, administrative service contracts, insurance contracts, union or trade agreements and, in the case of any unwritten Company Plans, written descriptions thereof; (ii) annual reports including Forms 5500 and all schedules thereto for the last three years; (iii) financial statements for the last three years; (iv) actuarial reports, if applicable, for the last three years; and (v) each communication (other than routine communications) received by First Xxxxxxx or any of its Subsidiaries from or furnished by First Xxxxxxx or any of its Subsidiaries to the Service, DOL, PBGC or other governmental authorities. First Xxxxxxx and its Subsidiaries have also furnished to BT Financial a copy of the current summary plan description and each summary of material modification prepared in the last three years for each Company Plan, and all employee manuals, handbooks, policy statements and other written materials given to employees r...
Benefit Plans; Company Plans. Section 4.16 of the Unit Disclosure ---------------------------- Schedule discloses all written and unwritten "employee benefit plans" within the meaning of Section 3(3) of ERISA, and any other written and unwritten profit sharing, pension, savings, deferred compensation, fringe benefit, insurance, medical, medical reimbursement, life, disability, accident, post-retirement health or welfare benefit, stock option, stock purchase, sick pay, vacation, employment, severance, termination or other plan, agreement, contract, policy, trust fund or arrangement (each, a "Benefit Plan"), whether or not funded and whether or not terminated, (i) maintained or sponsored by Unit, or (ii) with respect to which Unit has or may have liability or is obligated to contribute, or (iii) that otherwise covers any of the current or former employees of Unit or their beneficiaries, or (iv) as to which any such current or former employees or their beneficiaries participated or were entitled to participate or accrue or have accrued any rights thereunder (each, a "Unit Plan").
Benefit Plans; Company Plans. Schedule 3.0 identifies the amounts of any discretionary annual contributions that Company has made to any Benefit Plan (or Seller Plan) in respect of each of the last three (3) years or any portion thereof.
