Common use of Company Employee Plan Clause in Contracts

Company Employee Plan. “Company Employee Plan” shall mean any plan, program, policy, practice or Contract providing for compensation, severance, termination pay, deferred compensation, performance awards, stock or stock-related awards, fringe benefits, retirement benefits or other benefits or remuneration of any kind, whether or not in writing and whether or not funded, including each “employee benefit plan,” within the meaning of Section 3(3) of ERISA (whether or not ERISA is applicable to such plan): (a) that is or has been maintained or contributed to, or required to be maintained or contributed to, by any of the Acquired Corporations or any Company Affiliate for the benefit of any Company Associate; or (b) with respect to which any of the Acquired Corporations or any Company Affiliate has or may incur or become subject to any liability or obligation; provided, however, that a Company Employee Agreement shall not be considered a Company Employee Plan.

Appears in 5 contracts

Samples: Merger Agreement (Shopping Com LTD), Merger Agreement (PortalPlayer, Inc.), Merger Agreement (Sun Pharmaceutical Industries LTD)

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Company Employee Plan. “Company Employee Plan” shall mean any plan, program, policy, practice or Contract providing for compensation, severance, termination pay, deferred compensation, performance awards, stock or stock-related awards, fringe benefits, retirement benefits or other benefits or remuneration of any kind, whether written, unwritten or not in writing otherwise and whether funded or not fundedunfunded, including each “employee benefit plan,” within the meaning of Section 3(3) of ERISA (whether or not ERISA is applicable to such plan): (a) that is or has been maintained or contributed to, or required to be maintained or contributed to, by any of the Acquired Corporations Company or any Company Affiliate for the benefit of any Company Associate; or and (b) with respect to which any of the Acquired Corporations Company or any Company Affiliate has or may incur or become subject to any liability or obligation; provided, however, that a Company Employee Agreement Agreements and Foreign Plans shall not be considered a Company Employee PlanPlans.

Appears in 3 contracts

Samples: Merger Agreement (Green Mountain Coffee Roasters Inc), Merger Agreement (Diedrich Coffee Inc), Merger Agreement (Diedrich Coffee Inc)

Company Employee Plan. “Company Employee Plan” shall mean any plan, program, policy, practice or Contract providing for compensation, severance, termination pay, deferred compensation, performance awards, stock or stock-related awards, fringe benefits, retirement benefits or other benefits or remuneration of any kind, whether or not in writing and whether or not funded, including each “employee benefit plan,” within the meaning of Section 3(3) of ERISA (whether or not ERISA is applicable to such plan): (a) that is or has been maintained or contributed to, or required to be maintained or contributed to, by any of the Acquired Corporations or any Company Affiliate for the benefit of any Company Associate; or (b) with respect to which any of the Acquired Corporations or any Company Affiliate has or may incur or become subject to any material liability or obligation; provided, however, that a Company Employee Agreement shall not be considered a Company Employee Plan.

Appears in 2 contracts

Samples: Merger Agreement (Ebay Inc), Merger Agreement (Gsi Commerce Inc)

Company Employee Plan. “Company Employee Plan” shall mean any plan, program, policy, practice practice, Contract or Contract other arrangement providing for compensation, severance, termination pay, deferred compensation, performance awards, stock or stock-related awards, fringe benefits, retirement benefits or other employee benefits or remuneration of any kind, whether written, unwritten or not in writing otherwise, and whether funded or not fundedunfunded, including each “employee benefit plan,” within the meaning of Section 3(3) of ERISA (whether or not ERISA is applicable to such plan): (a) ), that is or has been maintained or maintained, contributed to, to or required to be maintained or contributed to, to by any of the an Acquired Corporations Corporation or any Company Affiliate for the benefit of any Company Associate; Employee, or (b) with respect to which any of the an Acquired Corporations Corporation or any Company Affiliate has or may incur or become subject to have any liability or obligation; provided, however, that than a Company Employee Agreement shall not be considered a an “Company Employee Plan.

Appears in 1 contract

Samples: Merger Agreement (Quest Software Inc)

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Company Employee Plan. “Company Employee Plan” shall mean any plan, program, policy, practice practice, Contract or Contract other arrangement providing for compensation, severance, termination pay, deferred compensation, performance awards, stock or stock-related awards, fringe benefits, retirement benefits or other employee benefits or remuneration of any kind, whether written, unwritten or not in writing otherwise, and whether funded or not fundedunfunded, including each “employee benefit plan,” within the meaning of Section 3(3) of ERISA (whether or not ERISA is applicable to such plan): (a) ), that is or has been maintained or maintained, contributed to, to or required to be maintained or contributed to, to by any of the an Acquired Corporations or any Company Affiliate Corporation for the benefit of any Company Associate; Employee, or (b) with respect to which any of the an Acquired Corporations or any Company Affiliate Corporation has or may incur now or become subject to in the future have any liability or obligation; provided, however, that a Company Employee Agreement shall not be considered a an “Company Employee Plan.

Appears in 1 contract

Samples: Merger Agreement (Quest Software Inc)

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