Common use of Documents Made Available Clause in Contracts

Documents Made Available. BEC has made or will make available to CES a true and correct copy of each collective bargaining agreement to which BEC or any of its subsidiaries is a party or under which BEC or any of its subsidiaries has obligations and, with respect to each BEC Benefit Plan, where applicable, (i) such BEC Benefit Plan document or, if not in writing, a written summary of all material terms of such BEC Benefit Plan, including all amendments thereto, and the most recent summary plan description and any summary and material modifications issued subsequent thereto, (ii) the three most recent annual reports filed with the IRS, (iii) each related trust agreement, custodial agreement, insurance contract, and similar agreements, (iv) the most recent determination letter from the IRS with respect to the qualified status of such BEC Benefit Plan and any related correspondence with the IRS, (v) the most recent actuarial report or valuation, (vi) the most recently prepared audited financial statements and any interim financial statements prepared therefor, and (vii) copies of any notices, letters or other correspondence from the IRS or the U.S. Department of Labor. To BEC's knowledge, in the case of each BEC Benefit Plan, no employee handbook or similar employee communication relating to such BEC Benefit Plan nor any written communication of benefits under such BEC Benefit Plan from the administrator thereof, in either case that has not been delivered or made available to CES, describes the terms of such BEC Benefit Plan in a manner that is materially inconsistent with the documents and summary plan descriptions relating to such BEC Benefit Plan that have been made available pursuant to the foregoing sentence.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Commonwealth Energy System)

AutoNDA by SimpleDocs

Documents Made Available. BEC CES has made or will make available to CES ------------------------ BEC a true and correct copy of each collective bargaining agreement to which BEC CES or any of its subsidiaries is a party or under which BEC CES or any of its subsidiaries has obligations and, with respect to each BEC CES Benefit Plan, where applicable, (i) such BEC CES Benefit Plan document or, if not in writing, a written summary of all material terms of such BEC CES Benefit Plan, including all amendments thereto, and the most recent summary plan description and any summary and material modifications issued subsequent thereto, (ii) the three most recent annual reports filed with the IRS, (iii) each related trust agreement, custodial agreement, insurance contract, contract and similar agreements, (iv) the most recent determination letter from the IRS with respect to the qualified status of such BEC CES Benefit Plan and any related correspondence with the IRS, (v) the most recent actuarial report or valuation, (vi) the most recently prepared audited financial statements and any interim financial statements prepared therefor, and (vii) copies of any notices, letters or other correspondence from the IRS or the U.S. Department of Labor. To BECCES's knowledge, in the case of each BEC CES Benefit Plan, no employee handbook or similar employee communication relating to such BEC CES Benefit Plan nor any written communication of benefits under such BEC CES Benefit Plan from the administrator thereof, in either case that has not been delivered or made available to CESBEC, describes the terms of such BEC CES Benefit Plan in a manner that is materially inconsistent with the documents and summary plan descriptions relating to such BEC CES Benefit Plan that have been made available pursuant to the foregoing sentence.

Appears in 1 contract

Samples: Agreement and Plan of Merger (B E C Energy)

Documents Made Available. BEC CES has made or will make available to CES BEC a true and correct copy of each collective bargaining agreement to which BEC CES or any of its subsidiaries is a party or under which BEC CES or any of its subsidiaries has obligations and, with respect to each BEC CES Benefit Plan, where applicable, (i) such BEC CES Benefit Plan document or, if not in writing, a written summary of all material terms of such BEC CES Benefit Plan, including all amendments thereto, and the most recent summary plan description and any summary and material modifications issued subsequent thereto, (ii) the three most recent annual reports filed with the IRS, (iii) each related trust agreement, custodial agreement, insurance contract, contract and similar agreements, (iv) the most recent determination letter from the IRS with respect to the qualified status of such BEC CES Benefit Plan and any related correspondence with the IRS, (v) the most recent actuarial report or valuation, (vi) the most recently prepared audited financial statements and any interim financial statements prepared therefor, and (vii) copies of any notices, letters or other correspondence from the IRS or the U.S. Department of Labor. To BECCES's knowledge, in the case of each BEC CES Benefit Plan, no employee handbook or similar employee communication relating to such BEC CES Benefit Plan nor any written communication of benefits under such BEC CES Benefit Plan from the administrator thereof, in either case that has not been delivered or made available to CESBEC, describes the terms of such BEC CES Benefit Plan in a manner that is materially inconsistent with the documents and summary plan descriptions relating to such BEC CES Benefit Plan that have been made available pursuant to the foregoing sentence.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Commonwealth Energy System)

AutoNDA by SimpleDocs

Documents Made Available. BEC has made or will make available to ------------------------ CES a true and correct copy of each collective bargaining agreement to which BEC or any of its subsidiaries is a party or under which BEC or any of its subsidiaries has obligations and, with respect to each BEC Benefit Plan, where applicable, (i) such BEC Benefit Plan document or, if not in writing, a written summary of all material terms of such BEC Benefit Plan, including all amendments thereto, and the most recent summary plan description and any summary and material modifications issued subsequent thereto, (ii) the three most recent annual reports filed with the IRS, (iii) each related trust agreement, custodial agreement, insurance contract, and similar agreements, (iv) the most recent determination letter from the IRS with respect to the qualified status of such BEC Benefit Plan and any related correspondence with the IRS, (v) the most recent actuarial report or valuation, (vi) the most recently prepared audited financial statements and any interim financial statements prepared therefor, and (vii) copies of any notices, letters or other correspondence from the IRS or the U.S. Department of Labor. To BEC's knowledge, in the case of each BEC Benefit Plan, no employee handbook or similar employee communication relating to such BEC Benefit Plan nor any written communication of benefits under such BEC Benefit Plan from the administrator thereof, in either case that has not been delivered or made available to CES, describes the terms of such BEC Benefit Plan in a manner that is materially inconsistent with the documents and summary plan descriptions relating to such BEC Benefit Plan that have been made available pursuant to the foregoing sentence.

Appears in 1 contract

Samples: Agreement and Plan of Merger (B E C Energy)

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