Employee Benefit Plans and Other Compensation Arrangements. Set forth on Schedule 4.9(a) is a true and complete list of all Company Plans. True and complete copies of the following documents with respect to each Company Plan have been made available to Buyer, as applicable: (a) plans and related trust documents, insurance contracts or other funding arrangements and all amendments thereto, (b) the Forms 5500 and all schedules thereto for the most recent three (3) years, (c) the most recent valuation report, including any FAS 106 report; (d) the most recent IRS determination or opinion letter, (e) the most recent summary plan description and subsequent summaries of material modifications, (f) the most recent financial statements, and (g) written summaries of all material terms of unwritten Company Plans. Except as set forth on Schedule 4.9(b):
Employee Benefit Plans and Other Compensation Arrangements. (a) Set forth on Schedule 3.12(a) of the Seller Schedules is a true and complete list of all Company Plans. Correct and complete copies of the following documents with respect to each Company Plan have been made available to Buyer, as applicable: (i) plans and related trust documents, insurance contracts or other funding arrangements and all amendments thereto; (ii) the Forms 5500 annual reports and all schedules thereto filed for the three most recent plan years; (iii) the most recent valuation report; (iv) the most recent IRS determination letter and the three most recent annual nondiscrimination testing results for each Company Plan intended to meet the requirements of Section 401(a) of the Code ; (v) the most recent summary plan description and subsequent summaries of material modifications; (vi) the most recent audited financial statements; and (vii) written summaries of all non-written Plans.
Employee Benefit Plans and Other Compensation Arrangements. Set forth on Section 4.9 of the Disclosure Schedule is a list of (a) all material employee benefit plans (as defined in Section 3(3) of ERISA) and (b) all other severance pay, salary continuation, bonus, incentive, stock option, phantom equity, stock appreciation rights, welfare, retirement, pension, profit sharing or deferred compensation plans, contracts, programs, funds or arrangements of any kind, in each case with respect to which the Company currently is the sponsor or is obligated to make contributions under the plan terms (collectively, the “Plans”). Except as set forth in Section 4.9 of the Disclosure Schedule:
Employee Benefit Plans and Other Compensation Arrangements. Set forth on Schedule 4.10(a) is a list of all material employee benefit plans (as defined in Section 3(3) of ERISA), with respect to which Seller currently is the sponsor or is obligated to make contributions under the plan terms (the “Plans”). Except as set forth on Schedule 4.10(b): 20
Employee Benefit Plans and Other Compensation Arrangements. (a) Set forth on Schedule 4.11 is a true and complete list of all OPHI’s Plans. Correct and complete copies of the following documents with respect to OPHI’s Plans have been made available to all Parties to this Agreement, as applicable: (i) plans and related trust documents, insurance contracts or other funding arrangements and all amendments thereto; (ii) the Forms 5500s and all schedules thereto for the most recent two years; (iii) the most recent valuation report; (iv) the most recent IRS determination letter; (v) the most recent summary plan description and subsequent summaries of material modifications; (vi) the most recent audited financial statements; and (vii) written summaries of all non-written Plans;
Employee Benefit Plans and Other Compensation Arrangements. Set forth on Schedule 4.9(a) is a list of (i) all employee benefit plans (as defined in Section 3(3) of ERISA) and (ii) all other severance pay, salary continuation, bonus, incentive, stock option, welfare, retirement, pension, profit sharing or deferred compensation plans, contracts, programs, funds or arrangements of any kind (including those which are maintained outside of the United States), in each case with respect to which any of the Acquired Companies currently is the sponsor or is obligated to make contributions under the plan terms (collectively, the “Plans”). Except as set forth on Schedule 4.9(b):
Employee Benefit Plans and Other Compensation Arrangements. Set forth in Section 5.18(a) of the Disclosure Letter is a list of all material "employee benefit plans" (as defined in Section 3(b) of ERISA), with respect to which the Company currently is the sponsor or is obligated to make contributions under the plan terms (collectively, the "Plans"). Except as set forth in Section 5.18(b) of the Disclosure Letter:
Employee Benefit Plans and Other Compensation Arrangements. 4.9.1 Set forth on Schedule 4.9.1 is a true and complete list of all material Company Plans. True and complete copies of the following documents with respect to each such material Company Plan have been made available to Buyer, as applicable: (a) plans and related trust documents, insurance contracts or other funding arrangements and all material amendments thereto;
Employee Benefit Plans and Other Compensation Arrangements. 4.9.1 Set forth on Schedule 4.9.1 is a list of each benefit, retirement, compensation, employment, consulting, incentive, bonus, performance award, phantom equity, stock or stock-based, stock option, change in control, retention, severance, vacation, paid time off (PTO), medical, vision, dental, disability, welfare, fringe benefit, severance pay, salary continuation, bonus, incentive, welfare, KiwiSaver, pension, profit sharing or deferred compensation plans, Contracts, programs, policies, funds or arrangements of any kind, in each case with respect to which any of the Acquired Companies currently is the sponsor or is obligated to make contributions under the plan terms, under which an Acquired Company has or would reasonably be expected to have any Liability or with respect to which Buyer or any of its Affiliates would reasonably be expected to have any Liability in connection with an Acquired Company (collectively, the “Plans”).
Employee Benefit Plans and Other Compensation Arrangements. Set forth on Schedule 4.8(a) is a list of all employee benefit plans and arrangements maintained or contributed to by any of the Acquired Companies or any ERISA Affiliate currently or within the past three years, including employee pension benefit plans, as defined in Section 3(2) of ERISA, employee welfare benefit plans, as defined in Section 3(1) of ERISA, deferred compensation plans, supplemental retirement plans, stock based plans, bonus or profit sharing plans, medical, hospitalization, life, disability and other insurance plans, severance or termination pay plans and policies, vacation, paid time off and salary continuation policies, life insurance arrangements, and employment, retention, severance and change in control agreements, whether or not described in Section 3(3) of ERISA (each, a “Benefit Plan” and collectively, the “Benefit Plans”). An “ERISA Affiliate” shall mean any Person under “common control” with any Acquired Company as determined under Section 414(b), (c), (m) or (o) of the Code. The Company has delivered to Buyer copies of all Benefit Plans, including plan documents and all amendments thereto, plan agreements, trust agreements, insurance policies, annuity contracts, summary plan descriptions, IRS determination letters, actuarial reports, service Contracts, audit reports and filed annual reports on Form 5500 for each of the three most recent plan years. Except as set forth on Schedule 4.8(b):
