Common use of Employee Plan Documents Clause in Contracts

Employee Plan Documents. The Company has delivered to Parent (i) correct and complete copies of each Company Employee Plan, including all amendments thereto, (ii) the most recent annual actuarial valuations, if any, prepared for each Company Employee Plan, (iii) the three most recent annual reports (Series 5500 and all schedules thereto), if any, required under ERISA or the Code in connection with each Company Employee Plan or related trust, (iv) if any Company Employee Plan is funded, the most recent annual and periodic accounting of Company Employee Plan assets, (v) the most recent summary plan description together with the most recent summary of material modifications, if any, with respect to each Company Employee Plan, (vi) all IRS determination, opinion, notification and advisory letters and rulings relating to each Company Employee Plan and copies of all material applications and correspondence (including specifically any correspondence regarding actual or pending audits or investigations) to or from the IRS, DOL or any other Governmental Entity with respect to any Company Employee Plan, (vii) all material written agreements and contracts relating to each Company Employee Plan, including fidelity or ERISA bonds, administrative service agreements, group annuity contracts and group insurance contracts, (viii) all communications material to any Employee or Employees relating to any Company Employee Plan and any proposed Company Employee Plans, in each case relating to any amendments, terminations, establishments, increases or decreases in benefits, acceleration of payments or vesting schedules, or other events which would result in any material liability to the Company and which are not reflected in the current summary plan description and plan document, (ix) all forms and notices relating to the provision of post-employment continuation of health coverage, (x) all policies pertaining to fiduciary liability insurance covering the fiduciaries of each Company Employee Plan, (xi) all discrimination and qualification tests, if any, for each Company Employee Plan for the most recent plan year, and (xii) all registration statements, annual reports (Form 11-K and all attachments thereto) and prospectuses prepared in connection with each Company Employee Plan.

Employee Plan Documents. The Company has delivered to Parent the Buyer (i) correct and complete copies of each Company Employee Plan, including all amendments thereto, (ii) the most recent annual actuarial valuations, if any, prepared for each Company Employee Plan, (iii) the three (3) most recent annual reports (Series 5500 and all schedules thereto), if any, required under ERISA or the Code in connection with each Company Employee Plan or related trust, (iv) if any Company Employee Plan is funded, the most recent annual and periodic accounting of Company Employee Plan assets, (v) the most recent summary plan description together with the most recent summary of material modifications, if any, with respect to each Company Employee Plan, (vi) all IRS determination, opinion, notification and advisory letters and rulings relating to each Company Employee Plan and copies of all material applications and correspondence (including specifically any correspondence regarding actual or pending audits or investigations) to or from the IRS, DOL or any other Governmental Entity with respect to any Company Employee Plan, (vii) all material written agreements and contracts relating to each Company Employee Plan, including fidelity or ERISA bonds, administrative service agreements, group annuity contracts and group insurance contracts, (viii) all communications material to any Employee or Employees relating to any Company Employee Plan and any proposed Company Employee Plans, in each case relating to any amendments, terminations, establishments, increases or decreases in benefits, acceleration of payments or vesting schedules, or other events which would result in any material liability to the Company and which are not reflected in the current summary plan description and plan document, (ix) all forms and notices relating to the provision of post-employment continuation of health coverage, (x) all policies pertaining to fiduciary liability insurance covering the fiduciaries of each Company Employee Plan, (xi) all discrimination and qualification tests, if any, for each Company Employee Plan for the most recent plan year, and (xii) all registration statements, annual reports (Form 11-K and all attachments thereto) and prospectuses prepared in connection with each Company Employee Plan.

Employee Plan Documents. The Company has delivered made available to Parent Buyer (i) correct and complete copies of each Company Employee PlanPlan or related trust, including all amendments theretothereto (or, if such Company Employee Plan is not written, an accurate description of the material terms thereof); (ii) the most recent annual actuarial valuations, if any, prepared for each Company Employee Plan, ; (iii) the three (3) most recent annual reports (Series 5500 and all schedules thereto), if any, required under ERISA or the Code Code, or any similar Laws of other jurisdictions applicable to the Company or any of the Subsidiaries, in connection with each Company Employee Plan or related trust, ; (iv) if any Company Employee Plan is funded, the most recent annual and periodic accounting of Company Employee Plan assets, ; (v) the most recent summary plan description together with the most recent summary of material modifications, if any, with respect to each Company Employee Plan, ; (vi) all IRS determination, opinion, notification and advisory letters and rulings relating rulings, compliance statements, closing agreements, or similar materials specific to each Company Employee Plan from the IRS or any similar Governmental Entity having jurisdiction over the Company or any of the Subsidiaries relating to Company Employee Plans and copies of all material applications and correspondence (including specifically any correspondence regarding actual or pending potential audits or investigations) to or from the IRS, DOL or any other Governmental Entity with respect to any Company Employee Plan, (vii) all material written agreements and contracts relating to each Company Employee Plan, including fidelity or ERISA bonds, administrative service agreements, group annuity contracts and group insurance contracts, ; (viii) all communications material to any Employee or Employees relating to any Company Employee Plan and any proposed Company Employee Plans, in each case relating to any amendments, terminations, establishments, increases or decreases in benefits, acceleration of payments or vesting schedules, schedules or other events which that would result in any material liability to the Company or any of the Subsidiaries and which that are not reflected in the current summary plan description and plan document, ; (ix) all material forms and notices relating to the provision of post-employment continuation of health coverage, ; (x) all policies pertaining to fiduciary liability insurance covering the fiduciaries of each Company Employee Plan, ; (xi) all discrimination and qualification tests, if any, for each Company Employee Plan for the most recent plan year, ; and (xii) all registration statements, annual reports (Form 11-K or any similar form required under the Laws of other jurisdictions applicable to the Company or any of the Subsidiaries and all attachments thereto) and prospectuses prepared in connection with each Company Employee Plan.

Employee Plan Documents. The Company has delivered to Parent IntraLinks (i) correct and complete copies of each Company Employee PlanPlan or related trust, including all amendments theretothereto (or, if such Company Employee Plan is not written, an accurate description of the material terms thereof); (ii) the most recent annual actuarial valuations, if any, prepared for each Company Employee Plan, ; (iii) the three (3) most recent annual reports (Series 5500 and all schedules thereto), if any, required under ERISA or the Code Code, or any similar Laws of other jurisdictions applicable to the Company, in connection with each Company Employee Plan or related trust, ; (iv) if any Company Employee Plan is funded, the most recent annual and periodic accounting of Company Employee Plan assets, ; (v) the most recent summary plan description together with the most recent summary of material modifications, if any, with respect to each Company Employee Plan, ; (vi) all IRS determination, opinion, notification and advisory letters and rulings relating rulings, compliance statements, closing agreements, or similar materials specific to each Company Employee Plan from the IRS or any similar Governmental Entity having jurisdiction over the Company relating to Company Employee Plans and copies of all material applications and correspondence (including specifically any correspondence regarding actual or pending potential audits or investigations) investigations to or from the IRS, DOL or any other Governmental Entity with respect to any Company Employee Plan, (vii) all material written agreements and contracts Contracts relating to each Company Employee Plan, including fidelity or ERISA bonds, administrative service agreements, group annuity contracts Contracts and group insurance contractsContracts, (viii) all communications material to any Employee or Employees relating to any Company Employee Plan and any proposed Company Employee Plans, in each case relating to any amendments, terminations, establishments, increases or decreases in benefits, acceleration of payments or vesting schedules, schedules or other events which that would result in any material liability to the Company and which that are not reflected in the current summary plan description and plan document, ; (ix) all material forms and notices relating to the provision of post-employment continuation of health coverage, ; (x) all policies pertaining to fiduciary liability insurance covering the fiduciaries of each Company Employee Plan, ; (xi) all discrimination and qualification tests, if any, for each Company Employee Plan for the most recent plan year, ; and (xii) all registration statements, annual reports (Form 11-K or any similar form required under the Laws of other jurisdictions applicable to the Company and all attachments thereto) and prospectuses prospectuses, if any, prepared in connection with each Company Employee Plan.

Employee Plan Documents. The Company has delivered previously provided to Parent (i) correct and complete copies of all documents embodying or materially relating to each Company Employee Plan, including all amendments theretothereto and written interpretations thereof, (ii) the most recent annual actuarial valuations, if any, prepared for each Company Employee Plan, (iii) the three (3) most recent annual reports (Series 5500 and all schedules thereto), if any, required under ERISA or the Code in connection with each Company Employee Plan or related trust, (iv) if any Company Employee Plan is funded, the most recent annual and periodic accounting of Company Employee Plan assets, (v) the most recent summary plan description together with the most recent summary of material modifications, if any, with respect to each Company Employee Plan, (vi) all IRS determination, opinion, notification and advisory letters and rulings relating to each Company Employee Plan Plans and copies of all material applications and material correspondence (including specifically any correspondence regarding actual or pending potential audits or investigations) to or from the IRS, DOL or any other Governmental Entity with respect specific to any Company Employee Plan, (vii) all material written agreements and contracts relating to each Company Employee Plan, including including, without limitation, fidelity or ERISA bonds, administrative service agreements, group annuity contracts and group insurance contracts, (viii) all communications material to any Employee or Employees relating to any Company Employee Plan and any proposed Company Employee Plans, in each case relating to any amendments, terminations, establishments, increases or decreases in benefits, acceleration of payments or vesting schedulesschedules other than individual employee statements of benefits or distribution notices issued in the ordinary course of business, or other events which would result in any material liability to the Company and which are not reflected in the current summary plan description description, if any, and plan document, (ix) all forms and related notices relating to the provision of post-employment continuation of health coverage, (x) all policies pertaining to fiduciary liability insurance covering the fiduciaries of each Company Employee Plan, (xi) all discrimination and qualification tests, if any, for each Company Employee Plan for the most recent plan year, and (xii) all registration statements, annual reports (Form 11-K and all attachments thereto) and prospectuses prepared in connection with each Company Employee Plan.

Employee Plan Documents. The With respect to each Company Employee Plan that is sponsored solely by the Company, the Company has delivered made available to Parent Buyer (i) correct and complete copies of each Company Employee PlanPlan or related trust, including all amendments theretothereto (or, if such Company Employee Plan is not written, an accurate description of the material terms thereof); (ii) the most recent annual actuarial valuations, if any, prepared for each Company Employee Plan, ; (iii) the three (3) most recent annual reports (Series 5500 and all schedules thereto), if any, required under ERISA or the Code Code, or any similar Laws of other jurisdictions applicable to the Company, in connection with each Company Employee Plan or related trust, ; (iv) if any Company Employee Plan is funded, the most recent annual and periodic accounting of Company Employee Plan assets, ; (v) the most recent summary plan description together with the most recent summary of material modifications, if any, with respect to each Company Employee Plan, ; (vi) all IRS determination, opinion, notification and advisory letters and rulings relating rulings, compliance statements, closing agreements, or similar materials specific to each Company Employee Plan since January 1, 2019 from the IRS or any similar Governmental Entity having jurisdiction over the Company relating to Company Employee Plans and copies of all material applications and correspondence (including specifically any correspondence regarding actual or pending potential audits or investigations) to or from the IRS, DOL or any other Governmental Entity with respect to any Company Employee Plan, (vii) all material written agreements and contracts Contracts relating to each Company Employee Plan, including fidelity or ERISA bonds, administrative service agreements, group annuity contracts Contracts and group insurance contractsContracts, (viii) all communications material to any Employee or Employees relating to any Company Employee Plan and any proposed Company Employee Plans, in each case relating to any amendments, terminations, establishments, increases or decreases in benefits, acceleration of payments or vesting schedules, schedules or other events which that would result in any material liability to the Company and which that are not reflected in the current summary plan description and plan document, ; (ix) all material forms and notices relating to the provision of post-employment continuation of health coverage, ; (x) all policies pertaining to fiduciary liability insurance covering the fiduciaries of each Company Employee Plan, ; (xi) all discrimination and qualification tests, if any, for each Company Employee Plan for the most recent plan year, ; and (xii) all registration statements, annual reports (Form 11-K or any similar form required under the Laws of other jurisdictions applicable to the Company and all attachments thereto) and prospectuses prepared in connection with each Company Employee Plan.

Employee Plan Documents. The Company has delivered to Parent made available (i) correct and complete copies of each Company Employee PlanPlan (excluding Employment Agreements with Employees that do not materially deviate from the Company’s standard forms made available to Acquirer and for which the Company or any Subsidiary does not have severance or termination pay obligations other than notice requirements for non-U.S. employees required by local law), including all amendments theretothereto (or, if such Company Employee Plan is not written, an accurate description of the material terms thereof), (ii) the most recent annual actuarial valuations, if any, prepared for each Company Employee Plan, (iii) the three most recent annual reports (Series 5500 and all schedules thereto), if any, required under ERISA or the Code Code, or any other Applicable Law, in connection with each Company Employee Plan or related trust, (iv) if any Company Employee Plan is funded, the most recent annual and periodic accounting of Company Employee Plan assets, (v) the most recent summary plan description together with the most recent summary of material modifications, if any, with respect to each Company Employee Plan, (vi) all the most recent determination or opinion letter from the IRS determination, opinion, notification and advisory letters and rulings relating to each for any Company Employee Plan and copies intended to qualify under Section 401(a) of all material applications and correspondence the Code, (including specifically vii) any correspondence regarding actual or pending audits or investigations) to or from the IRS, DOL or any other Governmental Entity relating to any compliance issues with respect to any Company Employee Plan, (viiviii) all material written agreements and contracts Contracts relating to each Company Employee Plan, including fidelity or ERISA bonds, trust agreements, administrative service agreements, group annuity contracts Contracts and group insurance contractsContracts, (viiiix) all communications material to any Employee or Employees relating to any Company Employee Plan and any proposed Company Employee Plans, in each case relating to any amendments, terminations, establishments, increases or decreases in benefits, acceleration of payments or vesting schedules, schedules or other events which that would result in any material liability to the Company or any of the Subsidiaries and which that are not reflected in the current summary plan description and plan document, (ixx) all material forms and notices relating to the provision of post-employment continuation of health coverage, (xxi) all policies pertaining to fiduciary liability insurance covering the fiduciaries of each Company Employee Plan, (xixii) all discrimination and qualification tests, if any, for each Company Employee Plan for the most recent plan year, year and (xiixiii) all registration statements, annual reports (Form 11-K and or any similar form required under Applicable Law all attachments thereto) and prospectuses prepared in connection with each Company Employee Plan.

Employee Plan Documents. The Company has delivered to Parent (i) correct and complete copies of each Company Employee Plan, including all amendments thereto, (ii) the most recent annual actuarial valuations, if any, prepared for each Company Employee Plan, (iii) the three (3) most recent annual reports (Series 5500 and all schedules thereto), if any, required under ERISA or the Code in connection with each Company Employee Plan or related trust, (iv) if any Company Employee Plan is funded, the most recent annual and periodic accounting of Company Employee Plan assets, (v) the most recent summary plan description together with the most recent summary of material modifications, if any, with respect to each Company Employee Plan, (vi) all IRS determination, opinion, notification and advisory letters and rulings relating to each Company Employee Plan and copies of all material applications and correspondence (including specifically any correspondence regarding actual or pending audits or investigations) to or from the IRS, DOL or any other Governmental Entity with respect to any Company Employee Plan, (vii) all material written agreements and contracts relating to each Company Employee Plan, including fidelity or ERISA bonds, administrative service agreements, group annuity contracts and group insurance contracts, (viii) all communications material to any Employee or Employees relating to any Company Employee Plan and any proposed Company Employee Plans, in each case relating to any amendments, terminations, establishments, increases or decreases in benefits, acceleration of payments or vesting schedules, or other events which would result in any material liability to the Company and which are not reflected in the current summary plan description and plan document, (ix) all forms and notices relating to the provision of post-employment continuation of health coverage, (x) all policies pertaining to fiduciary liability insurance covering the fiduciaries of each Company Employee Plan, (xi) all discrimination and qualification tests, if any, for each Company Employee Plan for the most recent plan year, and (xii) all registration statements, annual reports (Form 11-K and all attachments thereto) and prospectuses prepared in connection with each Company Employee Plan.

Employee Plan Documents. The Company has delivered made available to Parent (i) correct and complete copies of each Company Employee Plan, including all amendments thereto, (ii) the most recent annual actuarial valuations, if any, prepared for each Company Employee Plan, (iii) the three most recent annual reports (Series 5500 and all schedules thereto), if any, required under ERISA or the Code in connection with each Company Employee Plan or related trust, (iv) if any Company Employee Plan is funded, the most recent annual and periodic accounting of Company Employee Plan assets, (v) the most recent summary plan description together with the most recent summary of material modifications, if any, with respect to each Company Employee Plan, (vi) all the most recent IRS determination, determination or opinion, notification and advisory letters and rulings relating to each Company Employee Plan and (vii) copies of all material applications and correspondence (including specifically any correspondence regarding actual or pending audits or investigations) investigations to or from the IRS, DOL or any other Governmental Entity with respect to any Company Employee Plan, (viiviii) all material written agreements and contracts relating to each Company Employee Plan, including fidelity or ERISA bonds, administrative service agreements, group annuity contracts and group insurance contracts, (viiiix) all communications material to any Current Employee or Former Employee or Current Employees or Former Employees relating to any Company Employee Plan and any proposed Company Employee Plans, in each case relating to any amendments, terminations, establishments, increases or decreases in benefits, acceleration of payments or vesting schedules, or other events which would result in any material liability to the Company and which are not reflected in the current summary plan description and plan document, (ixx) all forms and notices forms, including form of notices, relating to the provision of post-employment continuation of health coverage, (xxi) all policies pertaining to fiduciary liability insurance covering the fiduciaries of each Company Employee Plan, (xixii) all discrimination and qualification tests, if any, for each Company Employee Plan for the most recent plan year, and (xiixiii) all registration statements, annual reports (Form 11-11- K and all attachments thereto) and prospectuses prepared in connection with each Company Employee Plan.

Employee Plan Documents. The Company has delivered to Parent (i) correct and complete copies of each Company Employee Plan, including all amendments thereto, ; (ii) the most recent annual actuarial valuations, if any, prepared for each Company Employee Plan, ; (iii) the three most recent annual reports (Series 5500 and all schedules thereto), if any, required under ERISA or the Code Code, or any similar Laws of other jurisdictions applicable to the Company or any of its Subsidiaries, in connection with each Company Employee Plan or related trust, ; (iv) if any Company Employee Plan is funded, the most recent annual and periodic accounting of Company Employee Plan assets, ; (v) the most recent summary plan description together with the most recent summary of material modifications, if any, with respect to each Company Employee Plan, ; (vi) all IRS determination, opinion, notification and advisory letters and rulings from the IRS or any similar Governmental Entity having jurisdiction over the Company or any of its Subsidiaries relating to each Company Employee Plan Plans and copies of all material applications and correspondence (including specifically any correspondence regarding actual or pending potential audits or investigations) to or from the IRS, DOL or any other Governmental Entity with respect to any Company Employee Plan, (vii) all material written agreements and contracts relating to each Company Employee Plan, including fidelity or ERISA bonds, administrative service agreements, group annuity contracts and group insurance contracts, ; (viii) all communications material to any Employee or Employees relating to any Company Employee Plan and any proposed Company Employee Plans, in each case relating to any amendments, terminations, establishments, increases or decreases in benefits, acceleration of payments or vesting schedules, schedules or other events which that would result in any material liability to the Company or any of its Subsidiaries and which that are not reflected in the current summary plan description and plan document, ; (ix) all material forms and notices relating to the provision of post-employment continuation of health coverage, ; (x) all policies pertaining to fiduciary liability insurance covering the fiduciaries of each Company Employee Plan, ; (xi) all discrimination and qualification tests, if any, for each Company Employee Plan for the most recent plan year, ; and (xii) all registration statements, annual reports (Form 11-K or any similar form required under the Laws of other jurisdictions applicable to the Company or any of its Subsidiaries and all attachments thereto) and prospectuses prepared in connection with each Company Employee Plan.

Employee Plan Documents. The Company has delivered to Parent Buyer (i) correct and complete copies of each Company Employee PlanPlan or related trust, including all amendments theretothereto (or, if such Company Employee Plan is not written, an accurate description of the material terms thereof); (ii) the most recent annual actuarial valuations, if any, prepared for each Company Employee Plan, ; (iii) the three most recent annual reports report (Series 5500 and all schedules thereto), if any, required under ERISA or the Code Code, or any similar Laws of other jurisdictions applicable to the Company or any of the Subsidiaries, in connection with each Company Employee Plan or related trust, ; (iv) if any Company Employee Plan is funded, the most recent annual and periodic accounting of Company Employee Plan assets, ; (v) the most recent summary plan description together with the most recent summary of material modifications, if any, with respect to each Company Employee Plan, ; (vi) all IRS determination, opinion, notification and advisory letters and rulings relating rulings, compliance statements, closing agreements, or similar materials specific to each Company Employee Plan from the IRS or any similar Governmental Entity having jurisdiction over the Company or any of the Subsidiaries relating to Company Employee Plans and copies of all material applications and correspondence (including specifically any correspondence regarding actual or pending potential audits or investigations) to or from the IRS, DOL or any other Governmental Entity with respect to any Company Employee Plan, (vii) all material written agreements and contracts relating to each Company Employee Plan, including fidelity or ERISA bonds, administrative service agreements, group annuity contracts and group insurance contracts, ; (viii) all communications material to any Employee or Employees relating to any Company Employee Plan and any proposed Company Employee Plans, in each case relating to any amendments, terminations, establishments, increases or decreases in benefits, acceleration of payments or vesting schedules, schedules or other events which that would result in any material liability to the Company or any of the Subsidiaries and which that are not reflected in the current summary plan description and plan document, ; (ix) all material forms and notices relating to the provision of post-employment continuation of health coverage, ; (x) all policies pertaining to fiduciary liability insurance covering the fiduciaries of each Company Employee Plan, ; (xi) all discrimination and qualification tests, if any, for each Company Employee Plan for the most recent plan year, ; and (xii) all registration statements, annual reports (Form 11-K or any similar form required under the Laws of other jurisdictions applicable to the Company or any of the Subsidiaries and all attachments thereto) and prospectuses prepared in connection with each Company Employee Plan.

Employee Plan Documents. The Company has delivered to Parent Buyer (i1) correct and complete copies of each Company Employee Plan, including all amendments theretothereto (or, if such Company Employee Plan is not written, an accurate description of the material terms thereof), (ii2) the most recent annual actuarial valuations, if any, prepared for each Company Employee Plan, (iii3) the three most recent annual reports (Series 5500 and all schedules thereto), if any, required under ERISA or the Code Law in connection with each Company Employee Plan or related trust, (iv4) if any Company Employee Plan is funded, the most recent annual and periodic accounting of Company Employee Plan assets, ; (v5) the most recent summary plan description together with the most recent summary of material modifications, if any, with respect to each Company Employee Plan, ; (vi6) all IRS determination, opinion, notification and advisory letters and rulings relating rulings, compliance statements, closing agreements, or similar materials specific to each Company Employee Plan from the IRS or any similar Governmental Entity having jurisdiction over the Company or any of the Subsidiaries relating to Company Employee Plans and copies of all material applications and correspondence (including specifically any correspondence regarding actual or pending potential audits or investigations) to or from the IRS, DOL or any other Governmental Entity with respect to any Company Employee Plan, (vii7) all material written agreements and contracts Contracts relating to each Company Employee Plan, including fidelity or ERISA bonds, administrative service agreements, group annuity contracts Contracts and group insurance contractsContracts, (viii) 8) all communications material to any Employee or Employees relating to any Company Employee Plan and any proposed Company Employee Plans, in each case relating to any amendments, terminations, establishments, increases or decreases in benefits, acceleration of payments or vesting schedules, or other events which would result in any material liability to the Company and which are not reflected in the current summary plan description and plan document, (ix9) all forms and notices relating to the provision of post-employment continuation of health coverage, (x10) any written policies or procedures used in the administration of any Company Employee Plan, including but not limited to all policies pertaining to fiduciary liability insurance covering the fiduciaries of each Company Employee Plan, and (xi11) all discrimination and qualification tests, if any, for each Company Employee Plan for the most recent plan year, and (xii) all registration statements, annual reports (Form 11-K and all attachments thereto) and prospectuses prepared in connection with each Company Employee Plan.