Dxxxx-Standard. (i) Schedule 3.16(a)(i) lists all employee welfare benefit plans as defined in Section 3(1), and all employee pension benefit plans as defined in Section 3(2) of ERISA, that are maintained for the benefit of any of the Dxxxx-Standard Employees by Dxxxx-Standard in its name, and all material plans, programs, arrangements, contracts, collective bargaining agreements and established working practices providing for present and future payments of any kind to any Dxxxx-Standard Employees or dependents or beneficiaries thereof. Such plans are referred to herein as the "Dxxxx-Standard Plans." Each Dxxxx-Standard Plan is identified in Schedule 3.16(a)(i), if applicable, as a qualified plan if it is qualified under Section 401(a) of the Code (a "Qualified Plan") or an employee welfare benefit plan, as defined in Section 3(1) of ERISA (a "Welfare Plan").
(ii) Except as set forth in Schedule 3.16(a)(ii), with respect to each Dxxxx-Standard Plan, there has been delivered or made available to BCCM: (1) a copy of the annual report, if required under ERISA, with respect to each such Dxxxx-Standard Plan for the last year for which a report was filed and a copy of each summary plan description, if applicable, or other plan description; (2) a copy of the Dxxxx-Standard Plan or, if the Dxxxx-Standard Plan is embodied entirely in an insurance policy to which Dxxxx-Standard is a party, a copy of such insurance policy and the summary plan description, together with each summary of material modifications required under ERISA with respect to such Dxxxx-Standard Plan subsequent to the summary plan description; and (3) if the Dxxxx-Standard Plan is funded through a trust or any third party funding vehicle (other than an insurance policy), a copy of the trust or other funding agreement and the latest financial statement thereof.
(iii) Except for the Dxxxx-Standard Plans and except as set forth on Schedule 3.16(a)(iii), Dxxxx-Standard does not maintain or contribute to, or have any obligation to contribute to, any material plan, program, arrangement, agreement or commitment with respect to the Dxxxx-Standard Employees.
(iv) No Dxxxx-Standard Plan is a "multi-employer plan" within the meaning of Section 4001(a)(3) of ERISA.
(v) Except as set forth on Schedule 3.16(a)(v), (1) no event has occurred with respect to any Dxxxx-Standard Plan that would reasonably be expected to result in any material liability under ERISA, the Code or any other Law applicable to such plan or under any agreem...
