Common use of List of Plans Clause in Contracts

List of Plans. Schedule 3.11.1 hereto contains a correct and complete list of all pension, profit sharing, retirement, deferred compensation, welfare, legal services, medical, dental or other employee benefit or health insurance plans, life insurance or other death benefit plans, disability, stock option, stock purchase, stock compensation, bonus, vacation pay, severance pay and other similar plans, programs or agreements, and every material written personnel policy, relating to any persons employed by C-CUBED or in which any person employed by C-CUBED is eligible to participate and which is currently maintained by C-CUBED or any ERISA Affiliate of C-CUBED (collectively, the “C-CUBED Plans”). C-CUBED has delivered to Parent (a) accurate and complete copies of all C-CUBED Plan documents and all other material documents relating thereto, including (if applicable) all documents establishing or constituting any related trust, annuity contract, insurance contract or other funding instruments, and summary plan descriptions relating to said C-CUBED Plans, (b) accurate and complete copies of the most recent financial statements and actuarial reports with respect to all C-CUBED Plans for which financial statements or actuarial reports are required or have been prepared, and (c) accurate and complete copies of all annual reports and summary annual reports for all C-CUBED Plans (for which annual reports are required or have been prepared). C-CUBED has also delivered to Parent complete copies of other current plan summaries, employee booklets, personnel manuals and other material documents or written materials concerning the C-CUBED Plans that are in possession of C-CUBED as of the date hereof. C-CUBED has no “defined benefit plans” as defined in Section 3(35) of ERISA. C-CUBED has no current or contingent obligation to contribute to any multiemployer plan (as defined in Section 3(37) of ERISA).

List of Plans. Schedule 3.11.1 3.11 hereto contains a correct and complete list of all pensioneach “employee benefit plan”, profit sharingas defined in Section 3(3) of ERISA, and each other employment, consulting, bonus or other incentive compensation, salary continuation during any absence from active employment for disability or other reasons, supplemental retirement, cafeteria benefit (Section 125 of the Code) or dependent care (Section 129 of the Code), sick pay, tuition assistance, club membership, employee discount, employee loan, vacation pay, severance, deferred compensation, welfareincentive, legal servicesfringe benefit, medicalperquisite, dental or other employee benefit or health insurance planschange in control, life insurance or other death benefit plans, disabilityretention, stock option, stock purchase, restricted stock compensationor other compensatory plan, bonus, vacation pay, severance pay and other similar plans, programs or agreements, and every material written personnel policy, relating agreement or arrangement (including, without limitation, any collective bargaining agreement) (i) that is currently, or has been at any time in the three (3) prior calendar years, maintained, administered, contributed to or required to be contributed to by WGI or any persons employed by C-CUBED Subsidiary, (ii) to which WGI or in which any person employed by C-CUBED Subsidiary is eligible to participate and which is currently maintained by C-CUBED a party or has any Liability, or (iii) that covers any current or former officer, director, employee or independent contractor (or any of their dependents) of WGI, any Subsidiary or any ERISA Affiliate of C-CUBED WGI (collectively, the “C-CUBED WGI Plans”). C-CUBED WGI has delivered made available to Parent (ai) accurate and complete copies of all C-CUBED WGI Plan documents currently in effect or at any time in effect in the three (3) prior calendar years (and, in the absence of such documents, written descriptions) and all other material documents relating thereto, including (if applicable) all documents establishing or constituting any related trust, annuity contract, insurance contract or other funding instruments, and summary plan descriptions relating to said C-CUBED WGI Plans, (bii) accurate and complete copies of the most recent financial statements and actuarial reports with respect to all C-CUBED WGI Plans for which financial statements or actuarial reports are required or have been prepared, and (ciii) accurate and complete copies of all annual reports and summary annual reports for all C-CUBED WGI Plans (for which annual reports are required or have been prepared)required) prepared for the three (3) most recent plan years. C-CUBED WGI has also delivered made available to Parent complete copies of other current and material plan summaries, employee booklets, personnel manuals and other material documents or written materials (apart from routine forms and correspondence related to the WGI Plans) concerning the C-CUBED WGI Plans that are in possession of C-CUBED WGI, any Subsidiary or any ERISA Affiliate of WGI as of the date hereof. C-CUBED Except as provided in Schedule 3.11 hereto, neither WGI nor any Subsidiary nor any ERISA Affiliate of WGI has no ever maintained or contributed to any “defined benefit plansplan” as defined in Section 3(35) of ERISA. C-CUBED has no , nor do any of them have a current or contingent obligation to contribute to any “multiemployer plan plan” (as defined in Section 3(37) of ERISA), or to any multiple employer plan within the meaning of ERISA Section 210 or Code Section 413(c), or any “multiple employer welfare arrangement,” as defined in ERISA Section 3(40).

List of Plans. Section 4.12(a) of the Confio Disclosure Schedule 3.11.1 hereto contains a correct and complete list of all pensioneach “employee benefit plan,” as defined in Section 3(3) of ERISA, profit sharingand each other employment, consulting, bonus or other incentive compensation, salary continuation during any absence from active employment for disability or other reasons, supplemental retirement, cafeteria benefit (Section 125 of the Code) or dependent care (Section 129 of the Code), sick pay, tuition assistance, club membership, employee discount, employee loan, vacation pay, severance, deferred compensation, welfareincentive, legal servicesfringe benefit, medicalperquisite, dental or other employee benefit or health insurance planschange in control, life insurance or other death benefit plans, disabilityretention, stock option, stock purchase, restricted stock compensationor other compensatory plan, bonus, vacation pay, severance pay and other similar plans, programs or agreements, and every material written personnel policy, relating agreement or arrangement (including, without limitation, any collective bargaining agreement) (i) that is currently, or has been at any time in the three (3) prior calendar years, maintained, administered, contributed to or required to be contributed to by Confio or any persons employed by C-CUBED PEO or payroll service provider acting in its relationship with Confio, (ii) to which Confio or any person employed by C-CUBED PEO or payroll service provider acting in its relationship with Confio is eligible to participate and which is currently maintained by C-CUBED a party or has any Liability, or (iii) that covers any current or former officer, director, employee or independent contractor (or any of their dependents) of Confio or any ERISA Affiliate of C-CUBED (collectively, the “C-CUBED Corporation Plans”). C-CUBED Confio has delivered made available to Parent SolarWinds (ai) accurate and complete copies of all C-CUBED Corporation Plan documents currently in effect or in effect at any time in the three (3) prior calendar years (and, in the absence of such documents, written descriptions) and all other material documents relating thereto, including (if applicable) all documents establishing or constituting any related trust, annuity contract, insurance contract or other funding instruments, and summary plan descriptions relating to said C-CUBED Corporation Plans, (bii) accurate and complete copies of the most recent financial statements and actuarial reports with respect to all C-CUBED Corporation Plans for which financial statements or actuarial reports are required or have been prepared, and (ciii) accurate and complete copies of all annual reports and summary annual reports for all C-CUBED Corporation Plans (for which annual reports are required or have been prepared)required) prepared for the three (3) most recent plan years. C-CUBED Confio has also delivered made available to Parent SolarWinds complete copies of other current and material plan summaries, employee booklets, personnel manuals and other material documents or written materials (apart from routine forms and correspondence related to Corporation Plans) concerning the C-CUBED Corporation Plans that are in possession of C-CUBED Confio or any ERISA Affiliate or any PEO or payroll service provider acting in its relationship with Confio as of the date hereof. C-CUBED Neither Confio nor any ERISA Affiliate nor any PEO or payroll service provider acting in its relationship with Confio has no ever maintained or contributed to any “defined benefit plansplan” as defined in Section 3(35) of ERISA. C-CUBED has no , nor do any of them have a current or contingent obligation to contribute to any “multiemployer plan plan” (as defined in Section 3(37) of ERISA), or to any multiple employer plan within the meaning of ERISA Section 210 or Code Section 413(c), or any “multiple employer welfare arrangement” (as defined in ERISA Section 3(40)).