Common use of Documents Made Available Clause in Contracts

Documents Made Available. STEAG has made available to Mattxxx x xrue and correct copy of each collective bargaining agreement to which any US STEAG Subsidiary is a party or under which any US STEAG Subsidiary has obligations and, with respect to each US STEAG 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 US STEAG 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 any US STEAG 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 STEAG, in the case of each US STEAG 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 Mattxxx, xxscribes 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 (Mattson Technology Inc)

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Documents Made Available. STEAG has made available to Mattxxx x xrue Xxxxxxx a true and correct copy of each collective bargaining agreement to which any US STEAG Subsidiary is a party or under which any US STEAG Subsidiary has obligations and, with respect to each US STEAG 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 US STEAG 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 any US STEAG 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 STEAG, in the case of each US STEAG 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 MattxxxXxxxxxx, xxscribes 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)

Documents Made Available. STEAG Xxxxxxx has made available to Mattxxx x xrue Buyer a true and correct copy of each collective bargaining agreement to which any US STEAG Xxxxxxx Subsidiary is a party or under which any US STEAG Xxxxxxx Subsidiary has obligations and, with respect to each US STEAG 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 US STEAG 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 any US STEAG 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") 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 Knowledge of STEAGXxxxxxx, in the case of each US STEAG 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 MattxxxBuyer, xxscribes 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: Stock and Asset Purchase Agreement (Mattson Technology Inc)

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Documents Made Available. STEAG has Mattxxx xxx made available to Mattxxx x xrue STEAG a true and correct copy of each collective bargaining agreement to which any US STEAG Subsidiary is Mattxxx xx a party or under which any US STEAG Subsidiary has Mattxxx xxx obligations and, with respect to each US STEAG Benefit Mattxxx Xxxefit 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 US STEAG Benefit Mattxxx Xxxefit 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 Mattxxx xx any US STEAG Subsidiary Mattxxx Xxxsidiary is a party with third party administrators, actuaries, investment managers, consultants, 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 STEAGMattxxx, in xx the case of each US STEAG Benefit Mattxxx Xxxefit 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 MattxxxSTEAG, xxscribes 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 (Mattson Technology Inc)

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