Documents Made Available. CES has made or will make available to ------------------------ BEC a true and correct copy of each collective bargaining agreement to which CES or any of its subsidiaries is a party or under which CES or any of its subsidiaries has obligations and, with respect to each CES Benefit Plan, where applicable, (i) such CES Benefit Plan document or, if not in writing, a written summary of all material terms of such 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 and similar agreements, (iv) the most recent determination letter from the IRS with respect to the qualified status of such 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 CES's knowledge, in the case of each CES Benefit Plan, no employee handbook or similar employee communication relating to such CES Benefit Plan nor any written communication of benefits under such CES Benefit Plan from the administrator thereof, in either case that has not been delivered or made available to BEC, describes the terms of such CES Benefit Plan in a manner that is materially inconsistent with the documents and summary plan descriptions relating to such CES Benefit Plan that have been made available pursuant to the foregoing sentence.
Appears in 1 contract
Samples: Merger Agreement (B E C Energy)
Documents Made Available. CES BEC has made or will make available to ------------------------ BEC CES a true and correct copy of each collective bargaining agreement to which CES BEC or any of its subsidiaries is a party or under which CES BEC or any of its subsidiaries has obligations and, with respect to each CES BEC Benefit Plan, where applicable, (i) such CES BEC Benefit Plan document or, if not in writing, a written summary of all material terms of such CES 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 contract, and similar agreements, (iv) the most recent determination letter from the IRS with respect to the qualified status of such CES 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 CESBEC's knowledge, in the case of each CES BEC Benefit Plan, no employee handbook or similar employee communication relating to such CES BEC Benefit Plan nor any written communication of benefits under such CES BEC Benefit Plan from the administrator thereof, in either case that has not been delivered or made available to BECCES, describes the terms of such CES BEC Benefit Plan in a manner that is materially inconsistent with the documents and summary plan descriptions relating to such CES BEC Benefit Plan that have been made available pursuant to the foregoing sentence.
Appears in 1 contract
Documents Made Available. CES BEC has made or will make available to ------------------------ BEC CES a true and correct copy of each collective bargaining agreement to which CES BEC or any of its subsidiaries is a party or under which CES BEC or any of its subsidiaries has obligations and, with respect to each CES BEC Benefit Plan, where applicable, (i) such CES BEC Benefit Plan document or, if not in writing, a written summary of all material terms of such CES 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 contract, and similar agreements, (iv) the most recent determination letter from the IRS with respect to the qualified status of such CES 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 CESBEC's knowledge, in the case of each CES BEC Benefit Plan, no employee handbook or similar employee communication relating to such CES BEC Benefit Plan nor any written communication of benefits under such CES BEC Benefit Plan from the administrator thereof, in either case that has not been delivered or made available to BECCES, describes the terms of such CES BEC Benefit Plan in a manner that is materially inconsistent with the documents and summary plan descriptions relating to such CES BEC Benefit Plan that have been made available pursuant to the foregoing sentence.
Appears in 1 contract
Samples: Merger Agreement (B E C Energy)
Documents Made Available. CES has made or will make available to ------------------------ BEC a true and correct copy of each collective bargaining agreement to which CES or any of its subsidiaries is a party or under which CES or any of its subsidiaries has obligations and, with respect to each CES Benefit Plan, where applicable, (i) such CES Benefit Plan document or, if not in writing, a written summary of all material terms of such 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 and similar agreements, (iv) the most recent determination letter from the IRS with respect to the qualified status of such 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 CES's knowledge, in the case of each CES Benefit Plan, no employee handbook or similar employee communication relating to such CES Benefit Plan nor any written communication of benefits under such CES Benefit Plan from the administrator thereof, in either case that has not been delivered or made available to BEC, describes the terms of such CES Benefit Plan in a manner that is materially inconsistent with the documents and summary plan descriptions relating to such CES Benefit Plan that have been made available pursuant to the foregoing sentence.
Appears in 1 contract