Common use of Deferred Compensation Arrangements Clause in Contracts

Deferred Compensation Arrangements. Except as set forth in Schedule -------- 5.1(n) attached hereto, none of the Companies has entered into employment ------ contracts or deferred compensation plans, incentive compensation plans, executive compensation plans, arrangements or commitments (each, individually, an "Arrangement"). With respect to each such Arrangement: (i) Such Arrangement complies currently, and has complied in the past, both as to form and operation with its terms and the provisions of the Code and ERISA and all applicable laws, rules and regulations; (ii) The disclosure and reporting provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934 have been satisfied; (iii) Such Arrangement is legally valid and binding and is in full force and effect; (iv) The Companies have made all contributions required to be made under any such Arrangement and no contributions are currently due and owing; (v) There are no actions, suits or claims pending (other than routine claims for benefits) or, to the best of the Companies' knowledge, which could be reasonably expected to be asserted against any such Arrangement; and (vi) The Companies have performed all obligations required to be performed by it under any such Arrangement and the Companies are not in default or in violation of, and the Companies have no knowledge of a default or violation by any other party to any such Arrangement.

Appears in 3 contracts

Samples: Commercial Revolving Loan, Demand Loan and Security Agreement (Netplex Systems Inc), Commercial Revolving Loan, Demand Loan and Security Agreement (Netplex Group Inc), Commercial Revolving Loan, Demand Loan and Security Agreement (Netplex Systems Inc)

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Deferred Compensation Arrangements. Except as set forth in Schedule -------- 5.1(n4.1(n) attached hereto, none of the Companies has entered into employment ------ contracts or deferred compensation plans, incentive compensation plans, executive compensation plans, arrangements or commitments (each, individually, an "Arrangement"). With respect to each such Arrangement: (i) Such Arrangement complies currently, and has complied in the past, both as to form and operation with its terms and the provisions of the Code and ERISA and all applicable laws, rules and regulations; (ii) The disclosure and reporting provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934 have been satisfied; (iii) Such Arrangement is legally valid and binding and is in full force and effect; (iv) The Companies have made all contributions required to be made under any such Arrangement and no contributions are currently due and owing; (v) There are no actions, suits or claims pending (other than routine claims for benefits) or, to the best of the Companies' knowledge, which could be reasonably expected to be asserted against any such Arrangement; and (vi) The Companies have performed all obligations required to be performed by it under any such Arrangement and the Companies are not in default or in violation of, and the Companies have no knowledge of a default or violation by any other party to any such Arrangement.

Appears in 1 contract

Samples: Commercial Revolving Loan, Demand Loan and Security Agreement (Saztec International Inc)

Deferred Compensation Arrangements. Except as set forth in Schedule -------- 5.1(n) attached hereto, none of the Companies has entered into employment ------ ----- contracts or deferred compensation plans, incentive compensation plans, executive compensation plans, arrangements or commitments (each, individually, individually an "ArrangementARRANGEMENT"). With respect to each such Arrangement: (i) Such Arrangement complies currently, and has complied in the past, both as to form and operation operation, with its terms and the provisions of the Code and ERISA and all applicable laws, rules and regulations; (ii) The disclosure and reporting provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934 have been satisfied; (iii) Such Arrangement is legally valid and binding and is in full force and effect; (iv) The Companies have made all contributions required to be made under any such Arrangement and no contributions are currently due and owingowing thereunder; (v) There are no actions, suits or claims pending (other than routine claims for benefits) or, to the best of the Companies' knowledge, which could be reasonably expected to be asserted against any such Arrangement; and (vi) The Companies have performed all obligations required to be performed by it under any such Arrangement and the Companies are not in default or in violation of, and the Companies have no knowledge of a such default or violation by any other party to any such Arrangement.. Notwithstanding anything to the contrary contained herein, the representations and warranties contained in this Section 5.1(n) are qualified in their entirety by the disclosure set forth in Schedule 5.1(n) attached hereto. ---------------

Appears in 1 contract

Samples: Commercial Revolving Loan, Term Loan and Security Agreement (Memry Corp)

Deferred Compensation Arrangements. Except as set forth in Schedule -------- 5.1(n) attached hereto, none of the Companies has entered into employment ------ contracts or deferred compensation plans, incentive compensation plans, executive compensation plans, arrangements or commitments (each, individually, an "ArrangementARRANGEMENT"). With respect to each such Arrangement: (i) Such Arrangement complies currently, and has complied in the past, both as to form and operation with its terms 19 -19- and the provisions of the Code and ERISA and all applicable laws, rules and regulations; (ii) The To the extent applicable, the disclosure and reporting provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934 have been satisfied; (iii) Such Arrangement is legally valid and binding and is in full force and effect; (iv) The Companies have made all contributions required to be made under any such Arrangement and no contributions are currently due and owing; (v) There are no actions, suits or claims pending (other than routine claims for benefits) or, to the best of the Companies' knowledge, knowledge which could be reasonably expected to be asserted against any such Arrangement; and (vi) The Companies have performed all obligations required to be performed by it under any such Arrangement and the Companies are not in default or in violation of, and the Companies have no knowledge of a default or violation by any other party to any such Arrangement.

Appears in 1 contract

Samples: Commercial Revolving Loan, Additional Loan and Security Agreement (Cycomm International Inc)

Deferred Compensation Arrangements. Except as set forth in Schedule -------- 5.1(n9.1(q) attached hereto, none of the Companies has have entered into employment ------ contracts or --------------- deferred compensation plans, incentive compensation plans, executive compensation plans, arrangements or commitments (each, individually, individually an "Arrangement"). With respect to each such Arrangement: (i) Such Arrangement complies currently, and has complied in the past, both as to form and operation operation, with its terms and the provisions of the Code and ERISA and all applicable laws, rules and regulations; (ii) The disclosure and reporting provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934 have been satisfied; (iii) Such Arrangement is legally valid and binding and is in full force and effect; (iv) The Companies have made all contributions required to be made under any such Arrangement and no contributions are currently due and owingowing thereunder; (v) There are no actions, suits or claims pending (other than routine claims for benefits) or, to the best of the Companies' knowledge, which could be reasonably expected to be asserted against any such Arrangement; and (vi) The Companies have performed all obligations required to be performed by it under any such Arrangement and the Companies are not in default or in violation of, and the Companies have no knowledge of a such default or violation by any other party to any such Arrangement.. Notwithstanding anything to the contrary contained herein, the representations and warranties contained in this Section 9.1(q) are qualified in -------------- their entirety by the disclosure set forth in Schedule 9.1(q) attached hereto. ---------------

Appears in 1 contract

Samples: Commercial Loan Agreement (Memry Corp)

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Deferred Compensation Arrangements. Except as set forth in Schedule -------- 5.1(n) attached hereto, none of the Companies has entered into employment ------ contracts or deferred compensation plans, incentive compensation plans, executive compensation plans, arrangements or commitments (each, individually, an "Arrangement"). With respect to each such Arrangement: (i) Such Arrangement complies currently, and has complied in the past, both as to form and operation with its terms and the provisions of the Code and ERISA and all applicable laws, rules and regulations; (ii) The disclosure and reporting provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934 have been satisfied; (iii) Such Arrangement is legally valid and binding and is in full force and effect; (iv) The Companies have made all contributions required to be made under any such Arrangement and no contributions are currently due and owing; (v) There are no actions, suits or claims pending (other than routine claims for benefits) or, to the best of the Companies' knowledge, knowledge which could be reasonably expected to be asserted against any such Arrangement; and (vi) The Companies have performed all obligations required to be performed by it under any such Arrangement and the Companies are not in default or in violation of, and the Companies have no knowledge of a default or violation by any other party to any such Arrangement.

Appears in 1 contract

Samples: Commercial Revolving Loan, Demand Loan and Security Agreement (Industrial Technologies Inc)

Deferred Compensation Arrangements. Except as set forth in Schedule -------- 5.1(n9.1(n) attached hereto, none of the Companies has have entered into employment ------ contracts or deferred compensation plans, incentive compensation plans, executive compensation plans, arrangements or commitments (each, individually, individually an "Arrangement"). With respect to each such Arrangement: (i) Such Arrangement complies currently, and has complied in the past, both as to form and operation operation, with its terms and the provisions of the Code and ERISA and all applicable laws, rules and regulations; (ii) The disclosure and reporting provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934 have been satisfied; (iii) Such Arrangement is legally valid and binding and is in full force and effect; (iv) The Companies have made all contributions required to be made under any such Arrangement and no contributions are currently due and owingowing thereunder; (v) There are no actions, suits or claims pending (other than routine claims for benefits) or, to the best of the Companies' knowledge, which could be reasonably expected to be asserted against any such Arrangement; and (vi) The Companies have performed all obligations required to be performed by it under any such Arrangement and the Companies are not in default or in violation of, and the Companies have no knowledge of a such default or violation by any other party to any such Arrangement. Notwithstanding anything to the contrary contained herein, the representations and warranties contained in this Section 9.1(n) are qualified in their entirety by the disclosure set forth in Schedule 9.1(n) attached hereto.

Appears in 1 contract

Samples: Commercial Revolving Loan, Term Loan, Line of Credit and Security Agreement (Memry Corp)

Deferred Compensation Arrangements. Except as set forth in Schedule -------- 5.1(n12.1(q) attached hereto, none of the Companies has have entered into employment ------ contracts or deferred compensation plans, incentive compensation plans, executive compensation plans, arrangements or commitments (each, individually, individually an "Arrangement"). With respect to each such Arrangement: (i) Such Arrangement complies currently, and has complied in the past, both as to form and operation operation, with its terms and the provisions of the Code and ERISA and all applicable laws, rules and regulations; (ii) The disclosure and reporting provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934 have been satisfied; (iii) Such Arrangement is legally valid and binding and is in full force and effect; (iv) The Companies have made all contributions required to be made under any such Arrangement and no contributions are currently due and owingowing thereunder; (v) There are no actions, suits or claims pending (other than routine claims for benefits) or, to the best of the Companies' knowledge, which could be reasonably expected to be asserted against any such Arrangement; and (vi) The Companies have performed all obligations required to be performed by it under any such Arrangement and the Companies are not in default or in violation of, and the Companies have no knowledge of a such default or violation by any other party to any such Arrangement. Notwithstanding anything to the contrary contained herein, the representations and warranties contained in this Section 12.1(q) are qualified in their entirety by the disclosure set forth in Schedule 12.1(q) attached hereto.

Appears in 1 contract

Samples: Commercial Revolving Loan, Term Loan, Line of Credit and Security Agreement (Memry Corp)

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