Common use of Copies of Documentation Clause in Contracts

Copies of Documentation. Included in Section 4.14(j) of the Company Disclosure Letter is a list of all Employee Plans of the Company. The Company has delivered pursuant to this Agreement a true and complete set of copies of (i) all Employee Plans of the Company or any ERISA Affiliate thereof (including without limitation, employment agreements) and related trust agreements, annuity contracts or other funding instruments as in effect immediately prior to the date hereof, together with all amendments thereto which will become effective at a later date; (ii) the latest IRS determination letter obtained with respect to any such Employee Plan qualified or exempt under section 401 or 501 of the Code; (iii) Forms 5500 including all schedules, attachments, and certified financial statements for the most recently completed three fiscal years for each Employee Plan of the Company or any ERISA Affiliate thereof required to file such form, together with the most recent actuarial report, if any, prepared by the such Employee's Plan's enrolled actuary; (iv) all summary plan descriptions for each Employee Plan of the Company or any ERISA Affiliate thereof required to prepare, file and distribute summary plan descriptions; (v) all summaries furnished or made available to employees, officers and directors of the Company or any ERISA Affiliate thereof of all incentive compensation, other plans and fringe benefits for which a summary plan description is not required; (vi) current registration statements on Form S-8 and amendments thereto with respect to any Employee Plan of the Company or any ERISA Affiliate thereof; (vii) the notifications to employees of their rights under COBRA with respect to each Welfare Plan of the Company or any ERISA Affiliate thereof subject to COBRA; and (viii) the Indemnification Agreements.

Copies of Documentation. Included in Section 4.14(jSCHEDULE 4(o)(9) of the Company Disclosure Letter is sets forth a true and complete list of all Employee Plans of the CompanySeller and/or Newco. The Company Seller has delivered to Purchaser pursuant to this Agreement Agreement, or shall provide to Purchaser within ten (10) business days after the date hereof, a true and complete set of copies of (i) all Employee Plans of the Company or any ERISA Affiliate thereof (including without limitation, employment agreements) and related trust agreements, annuity contracts or other funding instruments as in effect immediately prior to the date hereofClosing Date, together with all amendments thereto which will shall become effective at a later date; (ii) the latest IRS Internal Revenue Service determination letter obtained with respect to any such Employee Plan qualified or exempt under section Section 401 or 501 of the Code; (iii) Forms annual reports (Form 5500 including all schedulesseries or the alternative filing, attachmentsif applicable, under ERISA Regulation Section 2520.104-23) and certified financial statements for the most recently completed three fiscal years for each Employee Plan of the Company or any ERISA Affiliate thereof required to file such form, together with the most recent actuarial report, if any, prepared by the such Employee's Employee Plan's enrolled actuary; (iv) all summary plan descriptions for each Employee Plan of the Company or any ERISA Affiliate thereof required to prepare, file and distribute summary plan descriptions; (v) copies of all documentation relating to the correction of Pension Plan defects under the IRS Employee Plans Compliance Resolution System or any predecessor or similar IRS program; (vi) all summaries furnished or made available to employees, officers and directors of the Company any of Seller or any their ERISA Affiliate thereof Affiliates of all incentive compensation, other plans and fringe benefits for which a summary plan description is not required; (vi) current registration statements on Form S-8 and amendments thereto with respect to any Employee Plan of the Company or any ERISA Affiliate thereof; (vii) the notifications names of all salaried employees involved in the Business, together with a statement as to employees of their rights under COBRA with respect the full amount paid or payable to each Welfare Plan of such employee for services rendered during the Company last or any ERISA Affiliate thereof subject to COBRAcurrent fiscal year and the current aggregate base salary rate for each such person; and (viii) the Indemnification Agreementsnames of all Newco Employees; (ix) amounts of current and deferred compensation due the Newco Employees (including vacation pay, holiday pay, sick pay and similar compensation earned by and/or accrued to the Newco Employees); (x) FICA, unemployment and other payroll taxes payable with respect to the Newco Employees; and (xi) the seniority and current compensation levels of all Newco Employees, vendors, agents and independent contractors as of the Closing Date.

Copies of Documentation. Included in Section 4.14(j) of the ----------------------- --------------- Company Disclosure Letter is a list of all Employee Plans of the Company. The Company has delivered pursuant to this Agreement a true and complete set of copies of (i) all Employee Plans of the Company or any ERISA Affiliate thereof (including without limitation, employment agreements) and related trust agreements, annuity contracts or other funding instruments as in effect immediately prior to the date hereof, together with all amendments thereto which will become effective at a later date; (ii) the latest IRS determination letter obtained with respect to any such Employee Plan qualified or exempt under section 401 or 501 of the Code; (iii) Forms 5500 including all schedules, attachments, and certified financial statements for the most recently completed three fiscal years for each Employee Plan of the Company or any ERISA Affiliate thereof required to file such form, together with the most recent actuarial report, if any, prepared by the such Employee's Plan's enrolled actuary; (iv) all summary plan descriptions for each Employee Plan of the Company or any ERISA Affiliate thereof required to prepare, file and distribute summary plan descriptions; (v) all summaries furnished or made available to employees, officers and directors of the Company or any ERISA Affiliate thereof of all incentive compensation, other plans and fringe benefits for which a summary plan description is not required; (vi) current registration statements on Form S-8 and amendments thereto with respect to any Employee Plan of the Company or any ERISA Affiliate thereof; (vii) the notifications to employees of their rights under COBRA with respect to each Welfare Plan of the Company or any ERISA Affiliate thereof subject to COBRA; and (viii) the Indemnification Agreements.

Copies of Documentation. Included in Section 4.14(jSCHEDULE 4(o)(9) of the Company Disclosure Letter is sets forth a true and complete list of all Employee Plans of the CompanySeller and/or Newco. The Company Seller has delivered to Purchaser pursuant to this Agreement Agreement, or shall provide to Purchaser within ten (10) business days after the date hereof, a true and complete set of copies of (i) all EXHIBIT 2.2 Employee Plans of the Company or any ERISA Affiliate thereof (including without limitation, employment agreements) and related trust agreements, annuity contracts or other funding instruments as in effect immediately prior to the date hereofClosing Date, together with all amendments thereto which will shall become effective at a later date; (ii) the latest IRS Internal Revenue Service determination letter obtained with respect to any such Employee Plan qualified or exempt under section Section 401 or 501 of the Code; (iii) Forms annual reports (Form 5500 including all schedulesseries or the alternative filing, attachmentsif applicable, under ERISA Regulation Section 2520.104-23) and certified financial statements for the most recently completed three fiscal years for each Employee Plan of the Company or any ERISA Affiliate thereof required to file such form, together with the most recent actuarial report, if any, prepared by the such Employee's Employee Plan's enrolled actuary; (iv) all summary plan descriptions for each Employee Plan of the Company or any ERISA Affiliate thereof required to prepare, file and distribute summary plan descriptions; (v) copies of all documentation relating to the correction of Pension Plan defects under the IRS Employee Plans Compliance Resolution System or any predecessor or similar IRS program; (vi) all summaries furnished or made available to employees, officers and directors of the Company any of Seller or any their ERISA Affiliate thereof Affiliates of all incentive compensation, other plans and fringe benefits for which a summary plan description is not required; (vi) current registration statements on Form S-8 and amendments thereto with respect to any Employee Plan of the Company or any ERISA Affiliate thereof; (vii) the notifications names of all salaried employees involved in the Business, together with a statement as to employees of their rights under COBRA with respect the full amount paid or payable to each Welfare Plan of such employee for services rendered during the Company last or any ERISA Affiliate thereof subject to COBRAcurrent fiscal year and the current aggregate base salary rate for each such person; and (viii) the Indemnification Agreementsnames of all Newco Employees; (ix) amounts of current and deferred compensation due the Newco Employees (including vacation pay, holiday pay, sick pay and similar compensation earned by and/or accrued to the Newco Employees); (x) FICA, unemployment and other payroll taxes payable with respect to the Newco Employees; and (xi) the seniority and current compensation levels of all Newco Employees, vendors, agents and independent contractors as of the Closing Date.