Common use of Documents Provided Clause in Contracts

Documents Provided. The Company has delivered to XxxxXxx.xxx true, correct and complete copies (or, in the case of unwritten Employee Benefit Plans, descriptions) of all Employee Benefit Plans (and all amendments thereto), along with, to the extent applicable to the particular Employee Benefit Plan, copies of the following: (a) the last three annual reports (Form 5500 series) filed with respect to such Employee Benefit Plan; (b) all summary plan descriptions, summaries of material modifications and material employee manuals and communications filed or distributed with respect to such Employee Benefit Plan during the last three years; (c) all contracts and agreements (and any amendments thereto) relating to such Employee Benefit Plan, including, without limitation, all trust agreements, investment management agreements, annuity contracts, insurance contracts, bonds, indemnification agreements and service provider agreements; (d) all written communications relating to the amendment, creation or termination of such Employee Benefit Plan, or an increase or decrease in benefits, acceleration of payments or vesting or other events that could result in liability to the Company sent or received during the last three years; (e) all correspondence to or from any governmental entity or agency relating to such Employee Benefit Plan sent or received during the last three years; (f) all COBRA (as defined below) and HIPAA (as defined below) forms and notices currently in use; and (g) all coverage and nondiscrimination tests performed with respect to such Employee Benefit Plan for the last three years.

Appears in 2 contracts

Samples: Merger Agreement (Ubarter Com Inc), Merger Agreement (Shopnow Com Inc)

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Documents Provided. The Company has delivered to XxxxXxx.xxx ShopNow true, correct and complete copies (or, in the case of unwritten Employee Benefit Plans, descriptions) of all Employee Benefit Plans (and all amendments thereto), along with, to the extent applicable to the particular Employee Benefit Plan, copies of the following: (ai) the last three all annual reports (Form 5500 series) filed with respect to since inception for such Employee Benefit Plan; (bii) all the summary plan descriptions, summary annual reports, summaries of material modifications and all material employee manuals and or communications filed or distributed with respect to such the Employee Benefit Plan during the last three yearssince inception; (ciii) all contracts and agreements (and any amendments thereto) relating to such the Employee Benefit Plan, including, without limitation, all trust agreements, investment management service provider agreements, annuity contracts, insurance contracts, bonds, ERISA (as defined below) bonds and indemnification agreements and service provider agreements; (div) all written communications relating to the amendment, creation or termination of such Employee Benefit Plan, or an increase or decrease in benefits, acceleration of payments or vesting or other events that could result in liability to the Company sent or received during since the last three yearsdate of the most recently completed and filed annual report; (ev) all correspondence to or from any governmental entity or agency relating to such Employee Benefit Plan sent or received during the last three yearsPlan; and (fvi) all COBRA (as defined below) and HIPAA (as defined below) forms and notices currently in use; and (g) all coverage and nondiscrimination tests performed with respect to such Employee Benefit Plan for the last three years.

Appears in 1 contract

Samples: Merger Agreement (Shopnow Com Inc)

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Documents Provided. The Company has delivered to XxxxXxx.xxx Buyer true, correct and complete copies (or, in the case of unwritten Employee Benefit Plans, descriptions) of all Employee Benefit Plans (and all amendments thereto), along with, to the extent applicable to the particular Employee Benefit Plan, copies of the following: (ai) the last three annual reports (Form 5500 series) filed with respect to such Employee Benefit Plan; (bii) all summary plan descriptions, summaries of material modifications and material all employee manuals and or communications filed or distributed with respect to such Employee Benefit Plan during the last three years; (ciii) all contracts and agreements (and any amendments thereto) relating to such Employee Benefit Plan, including, without limitation, all trust agreements, investment management agreements, annuity contracts, insurance contracts, bonds, indemnification agreements and service provider agreements; (div) the most recent determination letter issued by the IRS with respect to such Employee Benefit Plan; (v) all written communications relating to the amendment, creation or termination of such Employee Benefit Plan, or an increase or decrease in benefits, acceleration of payments or vesting or other events that could result in liability to the Company sent or received during since the last three years; (e) all correspondence to or from any governmental entity or agency relating to such Employee Benefit Plan sent or received during date of the last three years; (f) all COBRA (as defined below) most recently completed and HIPAA (as defined below) forms and notices currently in use; and (g) all coverage and nondiscrimination tests performed with respect to such Employee Benefit Plan for the last three years.filed annual report;

Appears in 1 contract

Samples: Purchase Agreement (Sutter Holding Co Inc)

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