Common use of Employee Welfare Plans Clause in Contracts

Employee Welfare Plans. (4) Employee Pension Plans; and (5) consulting agreements under which Competitive Companies has or may have any monetary obligations to employees or consultants of Competitive Companies or their beneficiaries or legal representatives or under which any such persons may have any rights. Competitive Companies has previously made available to Third Enterprise true and complete copies of all of the foregoing employment contracts, collective bargaining agreements, Employee Plans and Compensation Arrangements, including descriptions of any unwritten contracts, agreements, Compensation Arrangements or Employee Plans, as amended to date. In addition, with respect to any Employee Plan which continues after the Closing Date, Competitive Companies has previously delivered or made available to Third Enterprise (1) any related trust agreements, master trust agreements, annuity contracts or insurance contracts; (2) certified copies of all Board of Directors' resolutions adopting such plans and trust documents and amendments thereto; (3) current investment management agreements; (4) custodial agreements; (5) fiduciary liability insurance policies; (6) indemnification agreements; (7) the most recent determination letter (and underlying application thereof and correspondence and supplemental material related thereto) issued by the Internal Revenue Service with respect to the qualification of each Employee Plan under the provisions of Section 401(a) of the Code; (8) copies of all "advisory opinion letters," "private letter rulings," "no action letters," and any similar correspondence (and the underlying applications therefor and correspondence and supplemental material related thereto) that was issued by any governmental or quasigovernmental agency with respect to the last plan year; (9) Annual Reports (Form 5500 Series) and Schedules A and B thereto for the last plan year; (10) all actuarial reports prepared for the last plan year; (11) all certified Financial Statements for the last plan year; and (12) all current Summary Plan Descriptions, Summaries of Material Modifications and Summary Annual Reports. All documents delivered by Competitive Companies to Third Enterprise as photocopies faithfully reproduce the originals thereof, such originals are authentic and were, to the extent execution was required, duly executed.

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Third Enterprise Service Group Inc), Agreement and Plan of Merger and Reorganization (Third Enterprise Service Group Inc)

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Employee Welfare Plans. (4) Employee Pension Plans; and (5) consulting agreements under which Competitive Companies has or may have any monetary obligations to employees or consultants of Competitive Companies or their beneficiaries or legal representatives or under which any such persons may have any rights. Competitive Companies has previously made available to Third Enterprise true and complete copies of all of the foregoing employment contracts, collective bargaining agreements, Employee Plans and Compensation Arrangements, including descriptions of any unwritten contracts, agreements, Compensation Arrangements or Employee Plans, as amended to date. In addition, with respect to any Employee Plan which continues after the Closing Date, Competitive Companies has previously delivered or made available to Third Enterprise (1) any related trust agreements, master trust agreements, annuity contracts or insurance contracts; (2) certified copies of all Board of Directors' resolutions adopting such plans and trust documents and amendments thereto; (3) current investment management agreements; (4) custodial agreements; (5) fiduciary liability insurance policies; (6) indemnification agreements; (7) the most recent determination letter (and underlying application thereof and correspondence and supplemental material related thereto) issued by the Internal Revenue Service with respect to the qualification of each Employee Plan under the provisions of Section 401(a) of the Code; (8) copies of all "advisory opinion letters," "private letter rulings," "no action letters," and any similar correspondence (and the underlying applications therefor and correspondence and supplemental material related thereto) that was issued by any governmental or quasigovernmental agency with respect to the last plan year; (9) Annual Reports (Form 5500 Series) and Schedules A and B thereto for the last plan year; (10) all 128 actuarial reports prepared for the last plan year; (11) all certified Financial Statements for the last plan year; and (12) all current Summary Plan Descriptions, Summaries of Material Modifications and Summary Annual Reports. All documents delivered by Competitive Companies to Third Enterprise as photocopies faithfully reproduce the originals thereof, such originals are authentic and were, to the extent execution was required, duly executed.

Appears in 1 contract

Samples: Agreement and Plan of Merger And (Third Enterprise Service Group Inc)

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Employee Welfare Plans. (4) Employee Pension Plans; and (5) consulting agreements under which Competitive Companies Yi Wan Group has or may have any monetary obligations to employees or consultants of Competitive Companies Yi Wan Group or their beneficiaries or legal representatives or under which any such persons may have any rights. Competitive Companies Yi Wan Group has previously made available to Third Enterprise Brilliant Sun true and complete copies of all of the foregoing employment contracts, collective bargaining agreements, Employee Plans and Compensation Arrangements, including descriptions of any unwritten contracts, agreements, Compensation Arrangements or Employee Plans, as amended to date. In addition, with respect to any Employee Plan which continues after the Closing Date, Competitive Companies Yi Wan Group has previously delivered or made available to Third Enterprise Brilliant Sun (1) any related trust agreements, master trust agreements, annuity contracts or insurance contracts; (2) certified copies of all Board of Directors' resolutions adopting such plans and trust documents and amendments thereto; (3) current investment management agreements; (4) custodial agreements; (5) fiduciary liability insurance policies; (6) indemnification agreements; (7) the most recent determination letter (and underlying application thereof and correspondence and supplemental material related thereto) issued by the Internal Revenue Service with respect to the qualification of each Employee Plan under the provisions of Section 401(a) of the Code; (8) copies of all "advisory opinion letters," "private letter rulings," "no action letters," and any similar correspondence (and the underlying applications therefor and correspondence and supplemental material related thereto) that was issued by any governmental or quasigovernmental agency with respect to the last plan year; (9) Annual Reports (Form 5500 Series) and Schedules A and B thereto for the last plan year; (10) all actuarial reports prepared for the last plan year; (11) all certified Financial Statements for the last plan year; and (12) all current Summary Plan Descriptions, Summaries of Material Modifications and Summary Annual Reports. All documents delivered by Competitive Companies to Third Enterprise as photocopies faithfully reproduce the originals thereof, such originals are authentic and were, to the extent execution was required, duly executed.,

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Brilliant Sun Industry Co)

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