Common use of Employee Benefit Plans; Employment Matters Clause in Contracts

Employee Benefit Plans; Employment Matters. (a) Except as disclosed in the HEALTHSOUTH Documents, HEALTHSOUTH has neither established nor maintains nor is obligated to make contributions to or under or otherwise participate in (i) any bonus or other type of incentive compensation plan, program, agreement, policy, commitment, contract or arrangement (whether or not set forth in a written document), (ii) any pension, profit-sharing, retirement or other plan, program or arrangement, or (iii) any other employee benefit plan, fund or program, including, but not limited to, those described in Section 3(3) of ERISA. All such plans have been operated and administered in all material respects in accordance with, as applicable, ERISA, the Code, Title VII of the Civil Rights Act of 1964, as amended, the Equal Pay Act of 1967, as amended, the Age Discrimination in Employment Act of 1967, as amended, and the related rules and regulations adopted by those federal agencies responsible for the administration of such laws. No act or failure to act by HEALTHSOUTH has resulted in a "prohibited transaction" (as defined in ERISA) with respect to the Plans that is not subject to a statutory or regulatory exception. No "reportable event" (as defined in ERISA) has occurred with respect to any of the Plans which is subject to Title IV of ERISA. Except as disclosed in the HEALTHSOUTH Documents, HEALTHSOUTH has not previously made, is not currently making, and is not obligated in any way to make, any contributions to any multi-employer plan within the meaning of the Multi-Employer Pension Plan Amendments Act of 1980, as amended.

Employee Benefit Plans; Employment Matters. (a) Except as disclosed in the HEALTHSOUTH Documentsset forth on Exhibit 3.13(a), HEALTHSOUTH Advantage Health has neither established nor maintains nor is obligated to make contributions to or under or otherwise participate in (i) any bonus or other type of incentive compensation plan, program, agreement, policy, commitment, contract or arrangement (whether or not set forth in a written document), (ii) any pension, profit-sharing, retirement or other plan, program or arrangement, or (iii) any other employee benefit plan, fund or program, including, but not limited to, those described in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). All Except as disclosed on Exhibit 3.13(a), all such plans listed on Exhibit 3.13(a) (individually, a "Plan" and collectively, the "Plans") have been operated and administered in all material respects in accordance with, as applicable, ERISA, the Code, Title VII of the Civil Rights Act of 1964, as amended, the Equal Pay Act of 1967, as amended, the Age Discrimination in Employment Act of 1967, as amended, and the related rules and regulations adopted by those federal agencies responsible for the administration of such laws. No Except as disclosed on Exhibit 3.13(a), no act or failure to act by HEALTHSOUTH Advantage Health has resulted in a "prohibited transaction" (as defined in ERISA) with respect to the Plans that is not subject to a statutory or regulatory exception. No "reportable event" (as defined in ERISA) has occurred with respect to any of the Plans which is subject to Title IV of ERISA. Except as disclosed in the HEALTHSOUTH Documents, HEALTHSOUTH Advantage Health has not previously made, is not currently making, and is not obligated in any way to make, any contributions to any multi-employer plan within the meaning of the Multi-Employer Pension Plan Amendments Act of 1980, as amended.

Employee Benefit Plans; Employment Matters. (a) Except as disclosed set forth in Exhibit 3.13(a) to the HEALTHSOUTH DocumentsASG Disclosure Schedule, HEALTHSOUTH ASG has neither established nor maintains maintained nor is obligated to make contributions to or under or otherwise participate in (i) any bonus or other type of incentive compensation plan, program, agreement, policy, commitment, contract program or arrangement (whether or not set forth in a written document), (ii) any pension, profit-sharing, retirement or other plan, program or arrangement, or (iii) any other employee benefit plan, fund or program, including, but not limited to, those described in Section 3(3) of ERISA. All such plans listed in Exhibit 3.13(a) (individually, a "ASG Plan" and collectively, the "ASG Plans") have been operated and administered in all material respects in accordance with, as applicable, ERISA, the Code, Title VII of the Civil Rights Act of 1964, as amended, the Equal Pay Act of 1967, as amended, the Age Discrimination in Employment Act of 1967, as amended, and the related rules and regulations adopted by those federal agencies responsible for the administration of such laws. No act or failure to act by HEALTHSOUTH ASG has resulted in a "prohibited transaction" (as defined in ERISA) with respect to the ASG Plans that is not subject to a statutory or regulatory exceptionexception and that could have a material adverse effect on ASG. No "reportable event" (as defined in ERISA, but excluding any event for which notice is waived under the ERISA regulations) has occurred with respect to any of the ASG Plans which is subject to Title IV of ERISA. Except as disclosed in the HEALTHSOUTH Documents, HEALTHSOUTH ASG has not previously made, is not currently making, and is not obligated in any way to make, any contributions to any multi-employer plan within the meaning of the Multi-Employer Pension Plan Amendments Act of 1980, as amended.

Employee Benefit Plans; Employment Matters. (a) Except as disclosed described in the HEALTHSOUTH Documents, HEALTHSOUTH has neither established nor maintains nor is obligated to make contributions to or under or otherwise participate in (ia) any bonus or other type of incentive compensation plan, program, agreement, policy, commitment, contract or arrangement (whether or not set forth in a written document), (iib) any pension, profit-sharing, retirement or other plan, program or arrangement, or (iiic) any other employee benefit plan, fund or program, including, but not limited to, those described in Section 3(3) of ERISA. All such plans (individually, a "HEALTHSOUTH Plan" and collectively, the "HEALTHSOUTH Plans") have been operated and administered in all material respects in accordance with, as applicable, ERISA, the CodeInternal Revenue Code of 1986, as amended, Title VII of the Civil Rights Act of 1964, as amended, the Equal Pay Act of 1967, as amended, the Age Discrimination in Employment Act of 1967, as amended, and the related rules and regulations adopted by those federal agencies responsible for the administration of such laws. No act or failure to act by HEALTHSOUTH has resulted in a "prohibited transaction" (as defined in ERISA) with respect to the HEALTHSOUTH Plans that is not subject to a statutory or regulatory exception. No "reportable event" (as defined in ERISA) has occurred with respect to any of the HEALTHSOUTH Plans which is subject to Title IV of ERISA. Except as disclosed in the HEALTHSOUTH Documentswith respect to certain employees at its Toms River, New Jersey inpatient facility, HEALTHSOUTH has not previously made, is not currently making, and is not obligated in any way to make, any contributions to any multi-employer plan within the meaning of the Multi-Employer Pension Plan Amendments Act of 1980, as amended.

Employee Benefit Plans; Employment Matters. (a) Except as disclosed set forth in Exhibit 3.13(a) to the HEALTHSOUTH DocumentsCardinal Disclosure Schedule, HEALTHSOUTH Cardinal has neither established nor maintains nor is obligated to make contributions to or under or otherwise participate in (i) any bonus or other type of incentive compensation plan, program, agreement, policy, commitment, contract program or arrangement (whether or not set forth in a written document), (ii) any pension, profit-sharing, retirement or other plan, program or arrangement, or (iii) any other employee benefit plan, fund or program, including, but not limited to, those described in Section 3(3) of ERISA. All such plans listed in Exhibit 3.13(a) to the Cardinal Disclosure Schedule (individually, a "Cardinal Plan" and collectively, the "Cardinal Plans") have been operated and administered in all material respects in accordance with, as applicable, ERISA, the Code, Title VII of the Civil Rights Act of 1964, as amended, the Equal Pay Act of 1967, as amended, the Age Discrimination in Employment Act of 1967, as amended, and the related rules and regulations adopted by those federal agencies responsible for the administration of such laws. No act or failure to act by HEALTHSOUTH Cardinal has resulted in a "prohibited transaction" (as defined in ERISA) with respect to the Cardinal Plans that is not subject to a statutory or regulatory exceptionexception and that could have a material adverse effect on Cardinal. No "reportable event" (as defined in ERISA, but excluding any event for which notice is waived under the ERISA regulations) has occurred with respect to any of the Cardinal Plans which is subject to Title IV of ERISA. Except as disclosed in the HEALTHSOUTH Documents, HEALTHSOUTH Cardinal has not previously made, is not currently making, and is not obligated in any way to make, any contributions to any multi-employer plan within the meaning of the Multi-Employer Pension Plan Amendments Act of 1980, as amended.

Employee Benefit Plans; Employment Matters. (a) Except as disclosed set forth in EXHIBIT 3.15 to the Disclosure Schedule or as described in the HEALTHSOUTH Horizon/CMS Documents, HEALTHSOUTH Horizon/CMS has neither established nor maintains nor is obligated to make contributions to or under or otherwise participate in (ia) any bonus or other type of incentive compensation plan, program, agreement, policy, commitment, contract or arrangement (whether or not set forth in a written document), (iib) any pension, profit-sharing, retirement or other plan, program or arrangement, or (iiic) any other employee benefit plan, fund or program, including, but not limited to, those described in Section 3(3) of ERISA. All Except as set forth in EXHIBIT 3.15 to the Disclosure Schedule, all such plans (individually, a "Horizon/CMS Plan" and collectively, the "Horizon/CMS Plans") have been operated and administered in all material respects in accordance with, as applicable, ERISA, the CodeInternal Revenue Code of 1986, as amended, Title VII of the Civil Rights Act of 1964, as amended, the Equal Pay Act of 1967, as amended, the Age Discrimination in Employment Act of 1967, as amended, and the related rules and regulations adopted by those federal agencies responsible for the administration of such laws. No act or failure to act by HEALTHSOUTH Horizon/CMS has resulted in a "prohibited transaction" (as defined in ERISA) with respect to the Horizon/CMS Plans that is not subject to a statutory or regulatory exception. No Except as set forth in EXHIBIT 3.15 to the Disclosure Schedule, no "reportable event" (as defined in ERISA) has occurred with respect to any of the Horizon/CMS Plans which is subject to Title IV of ERISA. Except as disclosed set forth in EXHIBIT 3.15 to the HEALTHSOUTH DocumentsDisclosure Schedule, HEALTHSOUTH Horizon/CMS has not previously made, is not currently making, and is not obligated in any way to make, any contributions to any multi-employer plan within the meaning of the Multi-Employer Pension Plan Amendments Act of 1980, as amended.

Employee Benefit Plans; Employment Matters. (a) Except as disclosed set forth in Exhibit 3.15 to the Disclosure Schedule or as described in the HEALTHSOUTH Horizon/CMS Documents, HEALTHSOUTH Horizon/CMS has neither established nor maintains nor is obligated to make contributions to or under or otherwise participate in (ia) any bonus or other type of incentive compensation plan, program, agreement, policy, commitment, contract or arrangement (whether or not set forth in a written document), (iib) any pension, profit-sharing, retirement or other plan, program or arrangement, or (iiic) any other employee benefit plan, fund or program, including, but not limited to, those described in Section 3(3) of ERISA. All Except as set forth in Exhibit 3.15 to the Disclosure Schedule, all such plans (individually, a "Horizon/CMS Plan" and collectively, the "Horizon/CMS Plans") have been operated and administered in all material respects in accordance with, as applicable, ERISA, the CodeInternal Revenue Code of 1986, as amended, Title VII of the Civil Rights Act of 1964, as amended, the Equal Pay Act of 1967, as amended, the Age Discrimination in Employment Act of 1967, as amended, and the related rules and regulations adopted by those federal agencies responsible for the administration of such laws. No act or failure to act by HEALTHSOUTH Horizon/CMS has resulted in a "prohibited transaction" (as defined in ERISA) with respect to the Horizon/CMS Plans that is not subject to a statutory or regulatory exception. No Except as set forth in Exhibit 3.15 to the Disclosure Schedule, no "reportable event" (as defined in ERISA) has occurred with respect to any of the Horizon/CMS Plans which is subject to Title IV of ERISA. Except as disclosed set forth in Exhibit 3.15 to the HEALTHSOUTH DocumentsDisclosure Schedule, HEALTHSOUTH Horizon/CMS has not previously made, is not currently making, and is not obligated in any way to make, any contributions to any multi-employer plan within the meaning of the Multi-Employer Pension Plan Amendments Act of 1980, as amended.