Identification of Benefit Plans. The Company does not maintain, and has not at any time established or maintained, nor has at any time been obligated to make contributions to or under or otherwise participate in any Benefit Plan.
Identification of Benefit Plans. Except as set forth in the Disclosure Letter and except for Benefit Plans which have been terminated and with respect to which neither the Company nor any ERISA Affiliate has any liability or obligation, the Company does not maintain, and has not at any time established or maintained, nor has at any time been obligated to make contributions to or under or otherwise participate in any Benefit Plan.
Identification of Benefit Plans. Neither AmeriDyne nor any AmeriDyne ERISA Affiliate maintains, nor has it at any time established or maintained, nor has it at any time been obligated to make, or otherwise made, contributions to or under or otherwise participated in any AmeriDyne Benefit Plan.
Identification of Benefit Plans. Except for (i) those Stepxx Xxxefit Plans identified in Section 3.13 of the Stepxx Disclosure Letter, and (ii) Stepxx Xxxefit Plans which have been terminated and with respect to which neither Stepxx xxx any Stepxx ERISA Affiliate has any financial, administrative or other liability, obligation or responsibility, neither Stepxx xxxntains, nor have they at any time established or maintained, nor have they at any time been obligated to make, or otherwise made, contributions to or under or otherwise participated in any Stepxx Xxxefit Plan.
Identification of Benefit Plans. Except for (i) those IFM Benefit Plans identified in Schedule 4.15, and (ii) IFM Benefit Plans which have been terminated and with respect to which neither IFM nor any IFM ERISA Affiliate has any material financial, administrative or other liability, obligation or responsibility, IFM neither maintains, nor have they at any time established or maintained, nor have they at any time been obligated to make, or otherwise made, contributions to or under or otherwise participated in any IFM Benefit Plan.
Identification of Benefit Plans. Section 4.13(a) of the Disclosure Schedule sets forth a complete and accurate list of (i) any plan, program, contract, arrangement, practice or policy, whether or not written, which provides pension, retirement, profit sharing, deferred compensation, bonus, incentive compensation, stock option, stock appreciation, health, medical, dental, vision, life insurance, death benefits, workers’ compensation, disability, severance, supplemental unemployment benefits, vacation benefits or any similar benefits (including but not limited to cafeteria plans and other specified fringe benefit plans as defined under Section 6039D of the Code) regardless of whether such plan is governed by ERISA, that is or was at any time during the last six years sponsored, maintained, administered or contributed to by the Company or any ERISA Affiliate of the Company, that provides a benefit to any current or former employee, owner, shareholder or independent contractor (or to any beneficiary or dependent thereof) of the Company or any of its ERISA Affiliates, or under which the Company or any of its ERISA Affiliates have any existing or contingent liability (the “Benefit Plans”), and (ii) each employment or severance agreement addressed to or covering any Employee or any other Employee who has a written employment agreement, and pursuant to which the Company has any actual or contingent liability or obligation to provide compensation and/or benefits in consideration for past, present or future services in each case in effect on the date hereof, other than any such agreements for which none of the Company would reasonably be expected to have any contingent liability or obligation to provide compensation and/or benefits following the Closing. For purposes of this Agreement, “ERISA Affiliate” means, with respect to any person, trade or business, or other entity, any other person, trade or business, or entity that is or was treated as a single employer under Section 414(b), (c), (m) or (o) of the Code or Section 4001(a)(14) or (b)(1) of ERISA.
Identification of Benefit Plans. Except as set forth on Schedule 4.17 hereto, Seller does not maintain any Benefit Plan and each such plan is and has been operated and administered in accordance with the applicable requirements under ERISA and the IRC (including, but not limited to, the requirements of IRC Section 401(a) for employer benefit plans intended to be qualified thereunder). All contributions and other payments required to be made by Seller to any Benefit Plan, for or on behalf of any employees or former employees of the Facility have been made or reserves adequate for such purpose have been set aside therefor in accordance with the terms of each such plan. All contributions made by Facility employees of Seller as of the date hereof have been deposited by them with the appropriate funding agency of each Benefit Plan in accordance with the terms of each such plan, ERISA and the IRC, or reserves adequate for such purposes have been set aside therefor. There are not outstanding liabilities of any such Benefit Plan other than liabilities for benefits to be paid to participants in such plan and their beneficiaries in accordance with the terms of such plan. There are no undischarged liabilities of Seller arising under or in connection with any Benefit Plan which has heretofore covered any of Seller's Facility employees or former Facility employees which Seller has heretofore maintained or to which Seller has heretofore contributed other than benefits to be paid to participants in such plans and their beneficiaries in accordance with the terms of such plans.
Identification of Benefit Plans. Schedule H-2 sets forth a list of the Benefit Plans maintained by GENROCO with respect to Employees. VideoPropulsion acknowledges that it has been furnished with descriptions of all Benefit Plans described on Schedule H-2. In the event another benefit plan is offered to Employees which is not listed on Schedule H-2, the parties agree to allocate financial responsibility between themselves consistent with the approach taken for similar benefits listed under Schedules H-2. The parties agree to resolve any disputes in accordance with the procedures set forth at Article VII. The parties agree that all matters concerning the Worker's Compensation Plans listed on Schedule H-2 will be treated as set forth in the General Assignment, Assumption and Agreement regarding Litigation, Claims and Other Liabilities, dated ------- --, 2000 (the "General Assignment, Assumption and Agreement"). The parties further agree that all matters concerning the Stock Incentive Plan (including Employment Agreement) will be governed by the Release and Settlement Agreement, dated ------- --, 2000.
Identification of Benefit Plans. Except for (i) the Company Benefit Plans which have been terminated and with respect to which neither the Company nor any ERISA Affiliate has any financial, administrative, or other liability, obligation, or responsibility, and (ii) the Company Benefit Plans set forth in Section 3.17(b) of the Disclosure Schedules, the Company and the Subsidiaries do not maintain, nor have they at any time established or maintained, nor have they at any time been obligated to make, or otherwise made, contributions to or under or otherwise participated in any Benefit Plan. Except as described in Section 3.17(b) of the Disclosure Schedules, neither the Company nor any ERISA Affiliate maintains, nor has at any time established or maintained, nor has at any time been obligated to make, or made, contributions to or under (x) any Benefit Plan that provides post-retirement medical or health benefits with respect to employees of Company (other than to the extent necessary to comply with Sections 601-609 of ERISA and Section 4980B of the Code); or (y) any Benefit Plan that provides retirement benefits in excess of the limitations in Sections 401(a)(17), 401(k), 401(m), 402(g), or 415 of the Code. There is no Lien upon any property of the Company or any ERISA Affiliate outstanding pursuant to Section 412(n) of the Code in favor of any Company Benefit Plan. No Assets of the Company or any ERISA Affiliate have been provided as security for any Company Benefit Plan pursuant to Section 401(a)(29) of the Code.
Identification of Benefit Plans. Except as described in the CIS Disclosure Letter, CIS does not maintain, nor has it at any time established or maintained, nor has it at any time been obligated to make, or otherwise made, contributions to or under or otherwise participated in any CIS Benefit Plan.
