Common use of Employee Benefit Matters/Employees Clause in Contracts

Employee Benefit Matters/Employees. (a) Section 4.12(a) of the Company Disclosure Letter sets forth a true, correct and complete list of each material (i) “employee benefit plan” as that term is defined in Section 3(3) of ERISA and (ii) employment, independent contractor, consulting, pension, retirement, profit sharing, deferred compensation, stock option, change in control, retention, equity or equity-based compensation, stock purchase, employee stock ownership, employee loan, severance pay, vacation, bonus, incentive, disability, medical, vision, dental, health, life insurance, fringe benefit or other compensation or benefit plan, program, agreement, arrangement policy, trust, fund or contract, whether written or unwritten, in each case, sponsored, maintained or contributed to, or required to be sponsored, maintained or contributed to, by the Company or any of its Subsidiaries or any of their ERISA Affiliates or with respect to which the Company or any of its Subsidiaries may have any obligation or liability, whether actual or contingent (collectively, whether or not material, the “Plans”). With respect to the material Plans, to the extent applicable, correct and complete copies of the following have been made available to Parent by the Company: (A) all current Plan documents, including amendments thereto, or a written summary in the case of any unwritten Plan; (B) the most recent annual report on Form 5500 filed with respect to each Plan for which a Form 5500 filing is required by applicable Law; (C) the most recent summary plan description for each Plan and all related summaries of material modifications; (D) the most recent IRS determination, notification, or opinion letter, if any, received with respect to any applicable Plan; and (E) any related material Contracts, including trust agreements, insurance contracts, and administrative services agreements.

Employee Benefit Matters/Employees. (a) Section 4.12(a4.11(a) of the Company Disclosure Letter sets forth a true, correct and complete list of each material (i) “employee benefit plan” as that term is defined in Section 3(3) of ERISA and ERISA, (ii) employment, independent contractor, consulting, pension, retirement, profit sharing, deferred compensation, stock option, change in control, retention, equity or equity-based compensation, stock purchase, employee stock ownership, employee loan, severance pay, vacationbonus or other incentive plans, bonusprograms, incentive, disability, policies or agreements and (iii) medical, vision, dental, health, life insurance, fringe benefit dental or other compensation health plans, or benefit plan, program, agreement, arrangement policy, trust, fund or contract, whether written or unwrittenlife insurance plans, in each case, sponsored, maintained or contributed to, or required to be sponsored, maintained or contributed to, by the Company or any of its Subsidiaries, or required to be maintained or contributed to by the Company or its Subsidiaries for the benefit of any current or former employees, directors, officers or consultants of the Company or any of its Subsidiaries and/or their ERISA Affiliates dependents, or otherwise with respect to which the Company or any of its Subsidiaries may have has any obligation or liability, whether actual or contingent liability (collectively, whether or not material, the “Plans”). With respect to the material PlansPlans listed on Section 4.11(a) of the Company Disclosure Letter, to the extent applicable, correct and complete copies of the following have been made available to Parent by the Company: (A) all current Plan documentsPlans, including amendments thereto, or a written summary in the case of any unwritten Plan; (B) the three most recent annual report reports on Form 5500 filed with respect to each Plan for which a Form 5500 filing is (if required by applicable Law); (C) the most recent summary plan description for each Plan for which a summary plan description is required by applicable Law and all related summaries of material modifications; (D) the most recent IRS determination, notification, or opinion letter, if any, received with respect to any applicable Plan; and (E) each trust agreement relating to any related material Contracts, including trust agreements, insurance contracts, and administrative services agreementsPlan (as applicable).