Common use of Documents Made Available Clause in Contracts

Documents Made Available. The Company has made available to the Parent Corporation a true and correct copy of each collective bargaining agreement to which the Company or any Company Subsidiary is a party or under which the Company or any Company Subsidiary has obligations and, with respect to each Company Benefit Plan, where applicable, (i) such plan, including all amendments thereto, and the most recent summary plan description, (ii) the five (5) most recent annual reports filed with the IRS, (iii) each related trust agreement and insurance contract, (iv) the most recent determination of the IRS with respect to the qualified status of such Company Benefit Plan, (v) the most recent actuarial report or valuation for the most recent three (3) years, (vi) compliance and nondiscrimination tests for the last three (3) plan years, (vii) all insurance policies and certificates purchased by or to provide benefits under such plan, (viii) all contracts and agreements to which the Company or any Company Subsidiary is a party with third party administrators, actuaries, investment managers, consultants and other independent contractors that relate to such plan, and (ix) standard Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA") forms and notices and (x) every private letter ruling, prohibited transaction exemption or other ruling or determination from the IRS, Department of Labor, Pension Benefit Guaranty Corporation or other Governmental Entity with respect to such plan. To the knowledge of the Company, in the case of each Company Benefit Plan, no employee handbook or similar employee communication relating to such plan nor any written communication of benefits under such plan from the administrator thereof, in either case that has not been delivered or made available to the Parent Corporation, describes the terms of such plan in a manner that is materially inconsistent with the documents and summary plan descriptions relating to such plan that have been made available pursuant to the foregoing sentence.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Mattson Technology Inc), Agreement and Plan of Merger (CFM Technologies Inc), Agreement and Plan of Merger (CFM Technologies Inc)

AutoNDA by SimpleDocs

Documents Made Available. The Company Parent Corporation has made available to the Parent Corporation Company a true and correct copy of each collective bargaining agreement to which the Company or any Company Subsidiary Parent Corporation is a party or under which the Company or any Company Subsidiary Parent Corporation has obligations and, with respect to each Company Parent Corporation Benefit Plan, where applicable, (i) such plan, including all amendments thereto, and the most recent summary plan description, (ii) the five (5) most recent annual reports filed with the IRS, (iii) each related trust agreement and insurance contract, (iv) the most recent determination of the IRS with respect to the qualified status of such Company Parent Corporation Benefit Plan, (v) the most recent actuarial report or valuation for the most recent three (3) years, (vi) compliance and nondiscrimination tests for the last three (3) plan years, (vii) all insurance policies and certificates purchased by or to provide benefits under such plan, (viii) all contracts and agreements to which the Company Parent Corporation or any Company Parent Corporation Subsidiary is a party with third party administrators, actuaries, investment managers, consultants and other independent contractors that relate to such plan, and (ix) standard Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA") COBRA forms and notices notices, and (x) every private letter ruling, prohibited transaction exemption exemption, or other ruling or determination from the IRS, Department of Labor, Pension Benefit Guaranty Corporation or other Governmental Entity with respect to such plan. To the knowledge of the CompanyParent Corporation, in the case of each Company Parent Corporation Benefit Plan, no employee handbook or similar employee communication relating to such plan nor any written communication of benefits under such plan from the administrator thereof, in either case that has not been delivered or made available to the Parent CorporationCompany, describes the terms of such plan in a manner that is materially inconsistent with the documents and summary plan descriptions relating to such plan that have been made available pursuant to the foregoing sentence.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (CFM Technologies Inc), Agreement and Plan of Merger (CFM Technologies Inc), Agreement and Plan of Merger (Mattson Technology Inc)

AutoNDA by SimpleDocs

Documents Made Available. The Company Xxxxxxx has made available to the Parent Corporation STEAG a true and correct copy of each collective bargaining agreement to which the Company or any Company Subsidiary Xxxxxxx is a party or under which the Company or any Company Subsidiary Xxxxxxx has obligations and, with respect to each Company Xxxxxxx Benefit Plan, where applicable, (i) such plan, including all amendments thereto, and the most recent summary plan description, (ii) the five (5) most recent annual reports filed with the IRS, (iii) each related trust agreement and insurance contract, (iv) the most recent determination of the IRS with respect to the qualified status of such Company Xxxxxxx Benefit Plan, (v) the most recent actuarial report or valuation for the most recent three (3) years, (vi) compliance and nondiscrimination tests for the last three (3) plan years, (vii) all insurance policies and certificates purchased by or to provide benefits under such plan, (viii) all contracts and agreements to which the Company Xxxxxxx or any Company Xxxxxxx Subsidiary is a party with third party administrators, actuaries, investment managers, consultants and other independent contractors that relate to such plan, and (ix) standard Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA") COBRA forms and notices notices, and (x) every private letter ruling, prohibited transaction exemption exemption, or other ruling or determination from the IRS, Department of Labor, Pension Benefit Guaranty Corporation Corporation, or other Governmental Entity with respect to such plan. To the knowledge of the CompanyXxxxxxx, in the case of each Company Xxxxxxx Benefit Plan, no employee handbook or similar employee communication relating to such plan nor any written communication of benefits under such plan from the administrator thereof, in either case that has not been delivered or made available to the Parent CorporationSTEAG, describes the terms of such plan in a manner that is materially inconsistent with the documents and summary plan descriptions relating to such plan that have been made available pursuant to the foregoing sentence.

Appears in 1 contract

Samples: Strategic Business Combination Agreement (Steag Electronic Systems GMBH)

Time is Money Join Law Insider Premium to draft better contracts faster.