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

Employee Benefit Plans; Employment Matters. (a) Except as set forth on Exhibit 3.13 to the Coram Disclosure Schedule, neither Coram nor any Coram Subsidiary has established or maintains or is obligated to make contributions to or under or otherwise participate in (i) any bonus or other type of incentive compensation plan, 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) stock ownership, stock purchase, phantom stock, retirement, vacation, severance, disability, death benefit, hospitalization or any other employee benefit plan, fund or program, including, but not limited to, those described in Section 3(3) of ERISA, except those permitted or required to be established hereunder. All such plans listed on Exhibit 3.13 (individually, a "Coram Plan" and collectively, the "Coram Plans",) have been operated and administered in all material respects in accordance with, as applicable, ERISA, 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 Coram or any Coram Subsidiary has resulted in a "prohibited transaction" (as defined in ERISA) with respect to the Coram Plans that is not subject to a statutory or regulatory exception. 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 Coram Plans which is subject to Title IV of ERISA. No Coram Plan has any accumulated funding deficiency or liability to the Pension Benefit Guaranty Corporation. Neither Coram nor any of the Coram Subsidiaries has previously made, is currently making, or is 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.

Employee Benefit Plans; Employment Matters. (a) Except as set forth on in Exhibit 3.13 3.15 to the Coram Disclosure ScheduleSchedule or as described in the Horizon/CMS Documents, Horizon/CMS has neither Coram established nor any Coram Subsidiary has established or maintains or nor is obligated to make contributions to or under or otherwise participate in (ia) any bonus or other type of incentive compensation plan, program 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) stock ownership, stock purchase, phantom stock, retirement, vacation, severance, disability, death benefit, hospitalization or any other employee benefit plan, fund or program, including, but not limited to, those described in Section 3(3) of ERISA. Except as set forth in Exhibit 3.15 to the Disclosure Schedule, except those permitted or required to be established hereunder. All all such plans listed on Exhibit 3.13 (individually, a "Coram Horizon/CMS Plan" and collectively, the "Coram Horizon/CMS Plans",) have been operated and administered in all material respects in accordance with, as applicable, ERISA, the Internal 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 Coram or any Coram Subsidiary Horizon/CMS has resulted in a "prohibited transaction" (as defined in ERISA) with respect to the Coram 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, but excluding any event for which notice is waived under the ERISA regulations) has occurred with respect to any of the Coram Horizon/CMS Plans which is subject to Title IV of ERISA. No Coram Plan has any accumulated funding deficiency or liability Except as set forth in Exhibit 3.15 to the Pension Benefit Guaranty Corporation. Neither Coram nor any of the Coram Subsidiaries Disclosure Schedule, Horizon/CMS has not previously made, is not currently making, or 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.

Employee Benefit Plans; Employment Matters. (a) Except as set forth on Exhibit 3.13 in EXHIBIT 3.15 to the Coram Disclosure ScheduleSchedule or as described in the Horizon/CMS Documents, Horizon/CMS has neither Coram established nor any Coram Subsidiary has established or maintains or nor is obligated to make contributions to or under or otherwise participate in (ia) any bonus or other type of incentive compensation plan, program 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) stock ownership, stock purchase, phantom stock, retirement, vacation, severance, disability, death benefit, hospitalization or any other employee benefit plan, fund or program, including, but not limited to, those described in Section 3(3) of ERISA. Except as set forth in EXHIBIT 3.15 to the Disclosure Schedule, except those permitted or required to be established hereunder. All all such plans listed on Exhibit 3.13 (individually, a "Coram Horizon/CMS Plan" and collectively, the "Coram Horizon/CMS Plans",) have been operated and administered in all material respects in accordance with, as applicable, ERISA, the Internal 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 Coram or any Coram Subsidiary Horizon/CMS has resulted in a "prohibited transaction" (as defined in ERISA) with respect to the Coram 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, but excluding any event for which notice is waived under the ERISA regulations) has occurred with respect to any of the Coram Horizon/CMS Plans which is subject to Title IV of ERISA. No Coram Plan has any accumulated funding deficiency or liability Except as set forth in EXHIBIT 3.15 to the Pension Benefit Guaranty Corporation. Neither Coram nor any of the Coram Subsidiaries Disclosure Schedule, Horizon/CMS has not previously made, is not currently making, or 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.

Employee Benefit Plans; Employment Matters. (aA) Except as set forth on Exhibit 3.13 3.11 to the Coram Rotech Disclosure Schedule, neither Coram Rotech nor any Coram Rotech Subsidiary has established or maintains or is obligated to make contributions to or under or otherwise participate in (i) any bonus or other type of incentive compensation plan, program program, or arrangement (whether or not set forth in a written document), (ii) any pension, profit-sharing, retirement retirement, or other plan, program program, or arrangement, or (iii) stock ownership, stock purchase, phantom stock, retirement, vacation, severance, disability, death benefit, hospitalization hospitalization, or any other employee benefit plan, fund fund, or program, including, but not limited to, those described in Section 3(3) of ERISA, except those permitted or required to be established hereunder. All such plans listed on Exhibit 3.13 3.11 (individually, a "Coram Rotech Plan" and collectively, the "Coram Rotech Plans",) have been operated and administered in all material respects in accordance with, as applicable, ERISA, 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 Coram Rotech or any Coram Rotech Subsidiary has resulted in a "prohibited transaction" (as defined in ERISA) with respect to the Coram Rotech Plans that is not subject to a statutory or regulatory exception. 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 Coram Rotech Plans which is subject to Title IV of ERISA. No Coram Rotech Plan has any accumulated funding deficiency or liability to the Pension Benefit Guaranty Corporation. Neither Coram Rotech nor any of the Coram Rotech Subsidiaries has previously made, is currently making, or is 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.

Employee Benefit Plans; Employment Matters. (a) Except as set forth on Exhibit 3.13 to Schedule 3.15(a) of the Coram Company Disclosure ---------------- Schedule, the Company has neither Coram established nor any Coram Subsidiary has established or maintains or nor is obligated to make contributions to or under or otherwise participate in (i) any bonus or other type of incentive compensation plan, program 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 arrangementarrangement providing for deferred compensation, or (iii) stock ownership, stock purchase, phantom stock, retirement, vacation, severance, disability, death benefit, hospitalization or any other employee benefit plan, fund or program, including, but not limited to, those program described in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). Except as ----- disclosed on Schedule 3.15(a) of the Company Disclosure Schedule, except those permitted or required to be established hereunder. All all such plans ---------------- listed on Exhibit 3.13 Schedule 3.15(a) of the Company Disclosure Schedule (individually, a ---------------- "Coram Company Plan" and collectively, the "Coram Company 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 Schedule -------- 3.15(a) of the Company Disclosure Schedule, no act or failure to act by Coram or any Coram Subsidiary the ------- Company has resulted in a "prohibited transaction" (as defined in ERISA) with respect to the Coram Company Plans that is not subject to a statutory or regulatory exception. No "reportable event" (as defined in ERISA, but excluding any event for ) which notice is waived under requires the ERISA regulations) filing of a report thereof with the Pension Benefit Guaranty Corporation has occurred with respect to any of the Coram Company Plans which is subject to Title IV of ERISA. No Coram Plan The Company has any accumulated funding deficiency or liability to the Pension Benefit Guaranty Corporation. Neither Coram nor any of the Coram Subsidiaries has not previously made, is not currently making, or 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 set forth on Exhibit 3.13 to Schedule 2.14(a) of the Coram SRC Disclosure ---------------- Schedule, neither Coram SRC nor any Coram SRC Subsidiary has established or maintains or is obligated to make contributions to or under or otherwise participate in (i) any bonus or other type of incentive compensation plan, program 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 arrangementarrangement providing for deferred compensation, or (iii) stock ownership, stock purchase, phantom stock, retirement, vacation, severance, disability, death benefit, hospitalization or any other employee benefit plan, fund or program, including, but not limited to, those program described in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). Except as ----- disclosed on Schedule 2.14(a) of the SRC Disclosure Schedule, except those permitted or required to be established hereunder. All all such plans ---------------- listed on Exhibit 3.13 Schedule 2.14(a) of the SRC Disclosure Schedule (individually, a ---------------- "Coram Plan" and collectively, the "Coram 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 Schedule 2.14(a) of the ---------------- SRC Disclosure Schedule, no act or failure to act by Coram SRC or any Coram SRC Subsidiary has resulted in a "prohibited transaction" (as defined in ERISA) with respect to the Coram Plans that is not subject to a statutory or regulatory exception. No "reportable event" (as defined in ERISA, but excluding any event for ) which notice is waived under requires the ERISA regulations) filing of a report thereof with the Pension Benefit Guaranty Corporation has occurred with respect to any of the Coram Plans which is subject to Title IV of ERISA. No Coram Plan has any accumulated funding deficiency None of SRC or liability to the Pension Benefit Guaranty Corporation. Neither Coram nor any of the Coram SRC Subsidiaries has previously made, is currently making, or is 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. Except as disclosed on Schedule 2.14(a) of the SRC Disclosure Schedule, each Plan (and any ---------------- trust relating thereto) intended to be a qualified plan under Section 401(a) of the Internal Revenue Code (the "Code") either has been determined by the ---- Internal Revenue Service to be so qualified or is the subject of a pending application for such a determination that was timely filed. No accumulated funding deficiency (as determined in Section 412 of the Code and Section 302 of ERISA) exists (whether or not waived) with respect to any Plan, and all required contributions have been made. No Plan that is a defined benefit plan has been terminated, and no proceedings to terminate any such Plan are pending, contemplated or threatened.