Common use of Disclosure of Documents Clause in Contracts

Disclosure of Documents. With respect to each Company Benefit Plan, the Company has heretofore made available to EarthLink, as applicable, complete and correct copies of each of the following documents which the Company has prepared or has been required to prepare: (1) the Company Benefit Plan and any amendments thereto (or if the Company Benefit Plan is not a written agreement, a description thereof); (2) the three most recent annual Form 5500 reports filed with the Internal Revenue Service (the "IRS"); (3) the most recent statement filed with the Department of Labor (the "DOL") pursuant to 29 U.S.C. Section 2520.104-23; (4) the three most recent annual Form 990 and 1041 reports filed with the IRS; (5) the three most recent actuarial reports; (6) the three most recent reports prepared in accordance with Statement of Financial Accounting Standards No. 106; (7) the most recent summary plan description and summaries of material modifications thereto; (8) the trust agreement, group annuity contract or other funding agreement that provides for the funding of the Company Benefit Plan; (9) the most recent financial statement; (10) the most recent determination letter received from the IRS; and (11) any agreement pursuant to which the Company or any Subsidiaries is obligated to indemnify any person.

Disclosure of Documents. With respect to each Company Benefit Plan, the Company has heretofore made available to EarthLinkTMW, as applicable, complete and correct copies of each of the following documents which the Company has prepared or has been required to prepare: (1) the Company Benefit Plan and any amendments thereto (or if the Company Benefit Plan is not a written agreement, a description thereof); (2) the three most recent annual Form 5500 reports filed with the Internal Revenue Service (the "IRS"); (3) the most recent statement filed with the Department of Labor (the "DOL") pursuant DOL")pursuant to 29 U.S.C. Section (S) 2520.104-23; (4) the three most recent annual Form 990 and 1041 reports filed with the IRS; (5) the three most recent actuarial reports; (6) the three most recent reports prepared in accordance with Statement of Financial Accounting Standards No. 106; (7) the most recent summary plan description and summaries of material modifications thereto; (8) the trust agreement, group annuity contract or other funding agreement that provides for the funding of the Company Benefit Plan; (9) the most recent financial statement; (10) the most recent determination letter received from the IRS; and (11) any agreement pursuant to which the Company or any Subsidiaries of its subsidiaries is obligated to indemnify any person.

Disclosure of Documents. With respect to each Company Benefit Plan, the Company has heretofore made available to EarthLinkTMW, as applicable, complete and correct copies of each of the following documents which the Company has prepared or has been required to prepare: (1) the Company Benefit Plan and any amendments thereto (or if the Company Benefit Plan is not a written agreement, a description thereof); (2) the three most recent annual Form 5500 reports filed with the Internal Revenue Service (the "IRS"); (3) the most recent statement filed with the Department of Labor (the "DOL") pursuant DOL")pursuant to 29 U.S.C. Section ss. 2520.104-23; (4) the three most recent annual Form 990 and 1041 reports filed with the IRS; (5) the three most recent actuarial reports; (6) the three most recent reports prepared in accordance with Statement of Financial Accounting Standards No. 106; (7) the most recent summary plan description and summaries of material modifications thereto; (8) the trust agreement, group annuity contract or other funding agreement that provides for the funding of the Company Benefit Plan; (9) the most recent financial statement; (10) the most recent determination letter received from the IRS; and (11) any agreement pursuant to which the Company or any Subsidiaries of its subsidiaries is obligated to indemnify any person.