Contributions and Funding. All benefits, contributions and premiums relating to each Employee Benefit Plan have been timely paid or made or accrued in accordance with the terms of such Employee Benefit Plan and the terms of all applicable Laws and no request has been made to waive or defer payment of any benefits, contributions or premiums that would otherwise be required to be made to any Employee Benefit Plan. Section 5.12.3 of the Disclosure Schedule identifies each Transferred Plan that is not required to be funded under applicable Law.
Contributions and Funding. (i) ConocoPhillips (US) Contributions: ConocoPhillips (US) will, pursuant to the ConocoPhillips Refinery Assets Contribution Agreement, contribute the Refinery Assets to the US Refinery LLC and will provide, as a Member and for no additional consideration, [REDACTED] to the US Refinery LLC, in consideration for Membership Units of the US Refinery LLC representing a 50% Membership Interest in the US Refinery LLC.
(ii) EnCana (US) Subscription: EnCana (US) will, pursuant to the EnCana (US) Subscription Agreement, subscribe for Membership Units of the US Refinery LLC representing a 50% Membership Interest in the US Refinery LLC.
Contributions and Funding. (i) EnCana Contributions: EnCana (Canada) and EPP will, pursuant to the FCCL Oil Sands Partnership Agreement, as contemplated by the [REDACTED], contribute the Oil Sands Assets to the FCCL Oil Sands Partnership and EnCana (Canada) will provide, as a Partner and for no additional consideration, [REDACTED] to the FCCL Oil Sands Partnership, under the terms of the EnCana (Canada) Oil Sands Contribution Agreement.
(ii) ConocoPhillips (Canada) Subscription: ConocoPhillips (Canada) will subscribe for its interest in the FCCL Oil Sands Partnership by way of the ConocoPhillips (Canada) Subscription, the terms of which will be set out in the ConocoPhillips (Canada) Subscription Agreement.
Contributions and Funding. The contributions of the parties to Joint Venture are listed below; Contributions of ; Contributions of ; _____ The Parties shall contribute their respective contributions within Agreement, unless otherwise agreed by the Parties in writing. days of the execution of this The Parties shall be responsible for funding the Joint Venture in proportion to their respective contributions. In the event that additional funds are required to operate the Joint Venture, the Parties shall contribute additional funds in proportion to their respective contributions or as otherwise agreed in writing by the Parties. The Parties shall share the profits and losses of the Joint Venture in proportion to their respective contributions. The Joint Venture shall maintain accurate records of all financial transactions and shall provide regular financial statements to the Parties. The Parties shall not be liable for any obligations or liabilities of the Joint Venture beyond their respective contributions. The Parties shall have the right to inspect the financial records of the Joint Venture at any time upon reasonable notice. In the event that one Party fails to make its contribution or otherwise breaches this clause, the other Party shall have the right to terminate this Agreement and seek any other legal remedies available to it.
Contributions and Funding. 5
4.1 Employer Contributions 5
4.2 Salary Reduction Contributions 5
4.3 Permitted Election Changes 6 4.4 Rules Against Discrimination 12
Contributions and Funding. Each of the Company and the Subsidiary ------------------------- has made (or will make) on a timely basis all contributions or payments required (if any) in respect of each ERISA Plan prior to the Closing Date. Contributions and payments which have accrued under each ERISA Plan, but are not yet due, are fully reflected on the balance sheet of the Company dated as of September 30, 1999 referred to in Section 5.8 hereof.
Contributions and Funding. Either the Company or the Subsidiary has paid all amounts it is required to pay as contributions to the Company Employee Plans as of the date of this Agreement; all benefits accrued under any unfunded Company Employee Plan will have been paid, accrued or otherwise adequately reserved in accordance with GAAP as of September 30, 2011; the assets of each Company Employee Plan that is funded are reported at their fair market value on the books and records of such Company Employee Plan.
Contributions and Funding. Except as set forth in Schedule 3.25(i), with respect to each Pension Plan listed in paragraph (b) above which is subject to Part 3 of Subtitle B of Title 1 of ERISA and/or section 412 of the Code, there has not been an accumulated funding deficiency within the meaning of such statutory provisions, whether or not waived, as of the last day of the most recent fiscal year of each such Pension Plan which ended on or prior to the Closing Date and, with respect to each Pension Plan which is subject to Title IV of ERISA (other than a multiemployer plan as defined in section 3(37) of ERISA), the actuarial present value of the accumulated benefit obligations (both vested and non-vested) under each such Pension Plan as of its most recent plan valuation date did not exceed the then current fair market value of the assets of each such Pension Plan and, as of the Closing Date, the actuarial present value of all such accumulated benefit obligations will not exceed the then current fair market value of the assets of such Pension Plan. For these purposes, the actuarial present value of accumulated benefit obligations shall be determined using the actuarial assumptions used to calculate contributions to each such Pension Plan.
Contributions and Funding. Except as set forth in Section 3.10.11 of the Disclosure Schedules, all payments required by any Compensation Plan or Benefit Plan or by any agreement or by law (including, without limitation, all contributions, insurance premiums and inter-company charges) with respect to all periods through the Closing Date shall have been made prior to the Closing (on a pro-rata basis where such payments are otherwise discretionary at year end). WIS has no unfunded liabilities pursuant to any Benefit Plan that is not intended to be qualified under Section 401(a) of the Code, except as otherwise reflected in the Financial Statements.
Contributions and Funding. Except for those listed on ------------------------- SCHEDULE 4.14, the Company is not obligated to make any contributions or payments in respect of any Plan prior to the Closing Date; and there is no amount of contribution or payments which have accrued under the Plans.
