Certain Employee Plans. 4.11.1. Each Benefit Plan maintained by any RP Controlled Group Member (the "RP Benefit Plans") complies with, and has been administered in accordance with, in all material respects, all applicable requirements of law, except for instances of non-compliance that would not reasonably be expected to have caused, individually or in the aggregate, an RP Material Adverse Effect. The RP Benefit Plans are listed in the RP Disclosure Schedule and copies or descriptions of all material Plans have previously been provided to CSI.
Certain Employee Plans. Except as set forth at Schedule “6.11,” the Seller: (a) has no “employee benefit plans,” as defined in the Employee Retirement Security Act of 1974, as amended, including by way of example and not limitation, 401(k), Xxxxx, SEP and health insurance plans; and (b) is not a party to any multi-employer plan. Other than at-will employment agreements, there are no employment agreements with any officers, directors, employees, retired employees or former employees of the Seller.
Certain Employee Plans. (a) With respect to each employee benefit plan (including, without limitation, any "employee benefit plan," as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA")), and any bonus, profit sharing, deferred compensation, incentive compensation, stock ownership, stock purchase, stock option, phantom stock, vacation, severance, death benefit, insurance or other plan, arrangement or understanding (whether or not legally binding), in each case maintained or contributed to for the benefit of employees of Pac Rim or any of its Subsidiaries (all the foregoing being herein called the "Pac Rim Benefit Plans"), individually and in the aggregate, no event has occurred, and to the knowledge of Pac Rim or any of its Subsidiaries, there exists no condition or set of circumstances, in connection with which Pac Rim or any of its Subsidiaries could be subject to any liability (except liability for benefits claims and funding obligations payable in the ordinary course), under ERISA or any other applicable law.
Certain Employee Plans. (a) The Company and its Subsidiary have complied, and are now in compliance, in all material respects with all provisions of ERISA, the Code and all laws and regulations applicable to each "employee benefit plans," as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), and each other employee benefit plan, program, policy, practice or other arrangement providing benefits to any current or former employee, officer or director of the Company or its Subsidiary or any beneficiary or dependent thereof that is sponsored or maintained by the Company or its Subsidiary or to which the Company or its Subsidiary is obligated to contribute, including without limitation any bonus, incentive, deferred compensation, vacation, stock purchase, stock option, severance, employment, change of control or fringe benefit plan, program or policy (the "COMPANY PLANS"). SCHEDULE 3.10(A) sets forth a complete and accurate list of all Company Plans. No Company Plan is intended to be a "qualified plan" within the meaning of Section 401(a) of the Code, nor is any Company Plan subject to Title IV or Section 302 of ERISA or Section 412 or 4971 of the Code. None of the Company, its Subsidiary and their respective "ERISA Affiliates" (as defined in the next sentence) contributes to or is obligated to contribute to, or has, at any time within the last six years, contributed to or been obligated to contribute to, any "multiemployer plan" within
Certain Employee Plans. (a) (i) Each Company Benefit Plan complies, and has been administered, in all material respects in accordance with its governing documents and all applicable requirements of law, and (ii) no "prohibited transaction" (as such term is defined in ERISA) or termination has occurred with respect to any Company Benefit Plan which under either circumstance presents a risk of liability by the Company or any of its Subsidiaries to any Governmental Entity or other person, including a Company Benefit Plan, which liability would, individually or in the aggregate, have a Material Adverse Effect on the Company. The Company Benefit Plans are listed on Schedule 4.10(a) of the Pacific ----------------- Disclosure Letter and copies or descriptions of all material Company Benefit Plans have previously been provided to Buyer. There has also been furnished to Buyer, with respect to each Company Benefit Plan required to file such report and description, the most recent report on Form 5500 and the summary plan description.
Certain Employee Plans. (a) (i) Each Company Benefit Plan complies, and has been administered, in all material respects in accordance with its governing documents and all applicable material requirements of law, and (ii) no "prohibited transaction" (as such term is defined in ERISA) or termination has occurred with respect to any Company Benefit Plan which under either circumstance presents a risk of material liability by any Acquired Company to any Governmental Entity or other Person, including a Company Benefit Plan. The Company Benefit Plans are listed on Schedule 4.10(a) of the Company Disclosure Schedule and copies or descriptions of all material Company Benefit Plans have previously been provided to Buyer. There has also been furnished to Buyer, with respect to each Company Benefit Plan required to file such description, the most recent summary plan description.
Certain Employee Plans. No Employee Plan is, and neither the Company Group nor any ERISA Affiliate thereof sponsors, maintains, contributes to or has any obligation (whether contingent or otherwise) to contribute to, or has within the last six years sponsored, maintained, contributed to or had any obligation (whether contingent or otherwise) to contribute to, (i) any “multiemployer plan” (within the meaning of Section 3(37) of ERISA), (ii) any “multiple employer plan” (within the meaning of Section 4063 of ERISA), (iii) any multi-employer welfare arrangement (as defined in Section 3(40) of ERISA), or (iv) any pension plan that is subject to Title IV of ERISA, Part 3 of Title I of ERISA or Section 412 of the Code.
Certain Employee Plans. 24 4.12. LABOR MATTERS .........................................................25 4.13. ENVIRONMENTAL LAWS AND REGULATIONS ....................................25 4.14. REAL PROPERTY .........................................................26 4.15.
Certain Employee Plans. No Employee Plan: (i) is subject to the minimum funding standards of Section 302 of ERISA or Section 412 of the Code; or (ii) is a “multi-employer plan” (as defined in Section 3(37) of ERISA). Except as would not have a Material Adverse Effect, the Company has not: (A) withdrawn from any pension plan under circumstances resulting (or expected to result) in liability; or (B) engaged in any transaction which would give rise to a liability under Section 4069 or Section 4212(c) of ERISA.
Certain Employee Plans. Each Employee Plan that is intended to be qualified under Section 401(a) of the Code (i) has been maintained, operated and administered in all material respects in compliance with its terms and applicable Laws, and (ii) has received a favorable determination letter from the Internal Revenue Service, and nothing has occurred since the date of any such determination that could reasonably be expected to give the Internal Revenue Service grounds to revoke such determination.
