Common use of Disclosure of All Plans Clause in Contracts

Disclosure of All Plans. Except as set forth in Section 2.24 of the Disclosure Schedule, neither of the Sellers nor any other company or entity, which together with either of the Sellers has at any time constituted a member of the Sellers’ "controlled group" or "affiliated service group" (within the meaning of Sections 4001(a)(14) and/or (b) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and/or Sections 414(b), (c), (m) or (o) of the Internal Revenue Code of 1986, as amended (the "Code") (such group or groups and each member thereof hereinafter referred to individually and collectively as the "Group")), has at any time adopted, sponsored or maintained, has any liability for or is a fiduciary with respect to, or has any present or future obligation to contribute to or make payment under, or has or is making contributions or payments under, (i) any employee benefit plan (as defined in Section 3(3) of ERISA) regardless of whether such plan is actually covered by ERISA (including any Employee Welfare Benefit Plan or Employee Pension Plan, as defined in ERISA), or (ii) any other benefit plan, program, policy, practice, contract or arrangement of any kind whatsoever (whether for the benefit of present, former, retired or future employees, officers, directors, managers, consultants or each of independent contractors of either of the Sellers or any member of the Group, or for the benefit of any other person or persons) including, without limitation, with respect to disability, relocation, child care, educational assistance, deferred compensation, pension, retirement, profit sharing, thrift, savings, stock ownership, stock bonus, restricted stock, health, dental, medical, life, hospitalization, stock purchase, stock option, incentive, bonus, sabbatical leave, vacation, severance, cafeteria, performance award, stock or stock-related awards, fringe benefits or other contribution, benefit or payment of any kind, whether formal or informal, oral or written, funded or unfunded and whether or not legally binding, or (iii) any employment, consulting, service or other contract or agreement of any kind whatsoever (collectively, "Employee Plans"). Neither of the Sellers nor any member of the Group has any plan or commitment, whether legally binding or not, to establish any new Employee Plan, to modify any Employee Plan, or to enter into any Employee Plan, nor do they have any intention or commitment to do any of the foregoing.

Disclosure of All Plans. Except as set forth in Section 2.24 of the Disclosure Schedule, neither of the Sellers Seller nor any other company or entity, which together with either of the Sellers Seller has at any time constituted a member of the Sellers’ Seller’s "controlled group" or "affiliated service group" (within the meaning of Sections 4001(a)(14) and/or (b) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and/or Sections 414(b), (c), (m) or (o) of the Internal Revenue Code of 1986, as amended (the "Code") (such group or groups and each member thereof hereinafter referred to individually and collectively as the "Group")), has at any time adopted, sponsored or maintained, has any liability for or is a fiduciary with respect to, or has any present or future obligation to contribute to or make payment under, or has or is making contributions or payments under, (i) any employee benefit plan (as defined in Section 3(3) of ERISA) regardless of whether such plan is actually covered by ERISA (including any Employee Welfare Benefit Plan or Employee Pension Plan, as defined in ERISA), or (ii) any other benefit plan, program, policy, practice, contract or arrangement of any kind whatsoever (whether for the benefit of present, former, retired or future employees, officers, directors, managers, consultants or each of independent contractors of either of the Sellers Seller or any member of the Group, or for the benefit of any other person or persons) including, without limitation, with respect to disability, relocation, child care, educational assistance, deferred compensation, pension, retirement, profit sharing, thrift, savings, stock ownership, stock bonus, restricted stock, health, dental, medical, life, hospitalization, stock purchase, stock option, incentive, bonus, sabbatical leave, vacation, severance, cafeteria, performance award, stock or stock-related awards, fringe benefits or other contribution, benefit or payment of any kind, whether formal or informal, oral or written, funded or unfunded and whether or not legally binding, or (iii) any employment, consulting, service or other contract or agreement of any kind whatsoever (collectively, "Employee Plans"). Neither of the Sellers Seller nor any member of the Group has any plan or commitment, whether legally binding or not, to establish any new Employee Plan, to modify any Employee Plan, or to enter into any Employee Plan, nor do they have any intention or commitment to do any of the foregoing.

Disclosure of All Plans. Except as set forth in Section 2.24 of the Disclosure Schedule, neither of the Sellers Seller nor any other company or entity, which together with either of the Sellers Seller has at any time constituted a member of the Sellers’ "Seller’s “controlled group" ” or "“affiliated service group" ” (within the meaning of Sections 4001(a)(14) and/or (b) of the Employee Retirement Income Security Act of 1974, as amended ("“ERISA"”) and/or Sections 414(b), (c), (m) or (o) of the Internal Revenue Code of 1986, as amended (the "“Code"”) (such group or groups and each member thereof hereinafter referred to individually and collectively as the "“Group"”)), has at any time adopted, sponsored or maintained, has any liability for or is a fiduciary with respect to, or has any present or future obligation to contribute to or make payment under, or has or is making contributions or payments under, (i) any employee benefit plan (as defined in Section 3(3) of ERISA) regardless of whether such plan is actually covered by ERISA (including any Employee Welfare Benefit Plan or Employee Pension Plan, as defined in ERISA), or (ii) any other benefit plan, program, policy, practice, contract or arrangement of any kind whatsoever (whether for the benefit of present, former, retired or future employees, officers, directors, managers, consultants or each of independent contractors of either of the Sellers Seller or any member of the Group, or for the benefit of any other person or persons) including, without limitation, with respect to disability, relocation, child care, educational assistance, deferred compensation, pension, retirement, profit sharing, thrift, savings, stock ownership, stock bonus, restricted stock, health, dental, medical, life, hospitalization, stock purchase, stock option, incentive, bonus, sabbatical leave, vacation, severance, cafeteria, performance award, stock or stock-related awards, fringe benefits or other contribution, benefit or payment of any kind, whether formal or informal, oral or written, funded or unfunded and whether or not legally binding, or (iii) any employment, consulting, service or other contract or agreement of any kind whatsoever (collectively, "“Employee Plans"”). Neither of the Sellers Seller nor any member of the Group has any plan or commitment, whether legally binding or not, to establish any new Employee Plan, to modify any Employee Plan, or to enter into any Employee Plan, nor do they have any intention or commitment to do any of the foregoing.