Disclosure; Delivery of Copies of Relevant Documents and Other Information. The Disclosure Schedule contains a complete list of Employee Plans and complete copies of each of the following documents have been delivered by Sellers to Buyer: (i) each Employee Plan Document (and, if applicable, related trust agreements) and all amendments thereto, all written interpretations thereof and written descriptions thereof which have been distributed to employees of the Company, any Subsidiary or any ERISA Affiliate, a complete description of any Employee Plan which is not in writing, and all annuity contracts or other funding instruments; (ii) each determination letter issued by the Internal Revenue Service, with respect to each Pension Plan and any pending or the most recent application for such a determination letter; (iii) Annual Reports on Form 5500 Series (including all applicable schedules thereto) required to be filed with any governmental agency for each Employee Plan and tax returns, if any (including all applicable schedules thereto) for each trust related thereto for the five most recent plan years; (iv) all actuarial reports prepared for the five most recent plan years for each Pension Plan; (v) all financial statements and accountant's opinions relating to each Pension Plan and Welfare Plan for the five most recent plan years; (vi) any correspondence or notifications received from any governmental agency relating to Employee Plans; (vii) all administrative forms and related documents used in connection with the administration of the Pension Plans and Welfare Plans; and (viii) all other contracts, agreements, insurance policies and fidelity bonds relating to the Employee Plans. The following information has been supplied or made available by Sellers to Buyer: the age, compensation, service and related data as of the last day of the last plan year for employees and former employees of the Company and its Subsidiaries.
Disclosure; Delivery of Copies of Relevant Documents and Other Information. SCHEDULE 4.17 contains a complete list of Employee Plans.
Disclosure; Delivery of Copies of Relevant Documents and Other Information. Schedule 5.24 contains a complete list of Employee Plans with respect to each Subject Company. True and complete copies of each of the following documents have been delivered by each Subject Company to the Buyer: (i) each Employee Plan with respect to such Subject Company (and each related trust agreement or other funding instrument) or written description thereof (where an Employee Plan is not in writing), (ii) the most recent determination letter issued by the Internal Revenue Service with respect to each Pension Plan with respect to such Subject Company, (iii) for the three most recent plan years, Annual Reports on Form 5500 Series required to be filed with any governmental agency for each Pension Plan with respect to such Subject Company, (iv) all actuarial reports prepared for the last three plan years for each Pension Plan with respect to such Subject Company, (v) a description of complete age, salary, service and related data with respect to each Pension Plan, as of the last day of the most recent plan year for employees and former employees of such Subject Company and each Subsidiary of such Subject Company, and (vi) a description setting forth the amount of any liability of such Subject Company as of the Closing Date for payments more than thirty days past due with respect to each Welfare Plan with respect to such Subject Company.
Disclosure; Delivery of Copies of Relevant Documents and Other Information. Schedule 4.18 contains a complete list of all Employee Plans. True and complete copies of each of the following documents have been delivered by Seller to Buyer: (i) each Employee Plan (and, if applicable, related trust agreements) and all amendments thereto, all written interpretations thereof and written descriptions thereof which have been distributed to Seller’s and the Affiniti Companies’ employees and all trust agreements, annuity contracts or other funding instruments relating thereto, and a complete description of any Employee Plan which is not in writing, (ii) the most recent determination or opinion letter issued by the Internal Revenue Service with respect to each Pension Plan maintained by a Seller Party, (iii) the actuarial reports prepared for the last three plan years for each Pension Plan maintained by a Seller Party, (iv) the annual reports on Form 5500 series filed for the last three plan years for each Pension Plan and each Welfare Plan maintained by a Seller Party, and (v) the latest summary plan description for each Pension Plan and each Welfare Plan.
Disclosure; Delivery of Copies of Relevant Documents and Other Information. Schedule 4.22 contains a complete list of all Employee Plans. True and complete copies of each of the following documents have been delivered or made available by the Company to Buyer: (i) each Welfare Plan and Pension Plan (and, if applicable, related trust agreements) and all amendments thereto, all written interpretations thereof and written descriptions thereof which have been distributed to the Company's employees and all annuity contracts or other funding instruments; (ii) each Benefit Arrangement including written interpretations thereof and written descriptions thereof which have been distributed to the Company's employees (including descriptions of the number and level of employees covered thereby) and a brief description of any Benefit Arrangement which is not in writing; (iii) the most recent determination or opinion letter, if any, issued by the Internal Revenue Service with respect to each Pension Plan; (iv) for the three most recent plan years, Annual Reports on Form 5500 Series required to be filed with any governmental agency for each Pension Plan and each Welfare Plan; (v) all actuarial reports prepared for the last three plan years for each Pension Plan; (vi) all correspondence with the Internal Revenue Service, the Department of Labor or the PBGC regarding each Employee Plan; and (xiii) all correspondence regarding any pending or threatened claim against any Employee Plan or the Company or any ERISA Affiliate regarding any matter related to any Employee Plan.
Disclosure; Delivery of Copies of Relevant Documents and Other Information. Schedule 4.20 contains a complete list of all current Seller Employee Plans and all former Seller Employee Plans under which Acquiror may incur any liability. True and complete copies of each of the following documents have been delivered or made available by Seller to Acquiror: (i) each such Seller Employee Plan and all amendments thereto and the summary plan description for each such plan, and, if none, any written descriptions thereof which have been distributed to Seller's employees, (ii) a complete description of any material Seller Employee Plan which is not in writing, (iii) the most recent determination or opinion letter issued by the IRS with respect to each Seller Employee Plan which is a Pension Plan, and (iv) a complete description of age, salary and service as of December 31, 2002 for employees of Seller as of June 30, 2003.
Disclosure; Delivery of Copies of Relevant Documents and Other Information. Section 2.13(a) of the Parent Disclosure Letter contains a complete list of Employee Plans other than Plans maintained by Foreign Subsidiaries and all material Plans maintained by Foreign Subsidiaries which cover or have covered within the last 5 years current or former employees, directors, officers or consultants of the Companies or any of their Subsidiaries (with respect to their relationship with such entities). Except as set forth in Section 2.13(a) of the Parent Disclosure Letter, true and complete copies of each of the following documents have been made available by the Company to Purchaser: (i) each material Welfare Plan and Pension Plan (and, if applicable, related trust agreements) which covers current or former employees, directors, officers or consultants of the Companies or any of their Subsidiaries (with respect to their relationship with such entities) and all amendments thereto, all summary plan descriptions thereof which have been distributed to the participants therein and all annuity contracts or other funding instruments and (ii) each material Benefit Arrangement which covers current or former employees, directors, officers or consultants of the Companies or any of their Subsidiaries (with respect to their relationship with such entities) including summary plan descriptions thereof which have been distributed to the participants therein.
Disclosure; Delivery of Copies of Relevant Documents and Other Information. Section 3.14(b) of the Harveys Disclosure Schedule contains a complete list of the Employee Plans. True and complete copies of each of the following documents (if applicable) have been made available by Harveys to Xxxxxx'x: (i) each Employee Plan (other than any Multiemployer Plan) and, if applicable, related trust agreements, and all amendments, (ii) the most recent determination letter issued by the IRS or analogous ruling under foreign law with respect to each Employee Plan, (iii) for the three most recent plan years, Annual Reports on Form 5500 Series required to be filed with any governmental agency for each Pension Plan and Welfare Plan, and (iv) all actuarial reports prepared for the last three plan years for each Pension Plan.
Disclosure; Delivery of Copies of Relevant Documents and Other Information. Schedule 4.13 contains a complete list of (i) Employee Plans which cover present or former employees, directors or consultants of the Company or any of its Subsidiaries (with respect to their relationship with such entities); (ii) Employee Plans which cover or have covered present or former employees, directors or consultants of the Company or any of its Subsidiaries (with respect to their relationship with such entities) with respect to which any unsatisfied liability exists; and (iii) Pension Plans covered by Title IV of ERISA or Multiemployer Plans which cover or have covered within the past five (5) years present or former employees, directors or consultants of the Company or any of its Subsidiaries (with respect to their relationship with such entities).
Disclosure; Delivery of Copies of Relevant Documents and Other Information. Schedule 4.16(a) contains a complete list of material Seller Employee Plans. True and complete copies of each Seller Employee Plan listed on Schedule 4.16(a) and summary plan descriptions thereof, have been delivered, or made available, to Buyer by Seller.
