Common use of List of Plans Clause in Contracts

List of Plans. Schedule 2.18 to this Agreement lists all employee benefit plans (as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA")) and all bonus, incentive, deferred compensation, stock option, restricted stock, stock appreciation rights, phantom stock rights, retiree medical or life insurance, supplemental retirement, severance or other benefit plans, programs or arrangements, and all termination, severance or other Contracts, whether covering one Person or more than one Person, and whether or not subject to any of the provisions of ERISA, which are or have been maintained, contributed to or sponsored by TAA, or any ERISA Affiliate (as defined in Section 2.18(c)) for the benefit of any employee (each item listed on Schedule 2.18 being referred to herein individually, as a "Plan" and collectively, as the "Plans"). TAA has delivered to Purchaser, to the extent applicable, a complete and accurate copy of: (a) each written Plan and descriptions of any unwritten Plan (including all amendments thereto whether or not such amendments are currently effective); (b) each summary plan description and all summaries of material modifications relating to a Plan; (c) each trust agreement or other funding arrangement with respect to each Plan, including insurance contracts; (d) the most recently filed IRS Form 5500 relating to each Plan; (e) the most recently received IRS determination letter for each Plan; and (f) the three most recently prepared actuarial reports and financial statements in connection with each Plan. TAA has made no commitment, (i) to create or cause to exist any Plan not set forth on Schedule 2.18 or (ii) to modify, change or terminate any Plan.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Sub-Urban Brands, Inc.)

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List of Plans. Schedule 2.18 4.17.1 to this Agreement lists all employee benefit plans (as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA")) and all bonus, incentive, deferred compensation, stock option, restricted stock, stock appreciation rights, phantom stock rights, retiree medical or life insurance, supplemental retirement, severance or other benefit plans, programs or arrangements, and all termination, severance or other Contracts, whether covering one Person or more than one Person, and whether or not subject to any of the provisions of ERISA, which are or have been maintained, contributed to or sponsored by TAAthe Seller, any subsidiary of the Seller or any ERISA Affiliate (as defined in Section 2.18(c)4.17.3) for the benefit of any employee (each item listed on Schedule 2.18 4.16 being referred to herein individually, as a "Plan" and collectively, as the "Plans"). TAA The Seller has delivered to Purchaserthe Buyer, to the extent applicable, a complete and accurate copy of: (a) each written Plan and descriptions of any unwritten Plan (including all amendments thereto whether or not such amendments are currently effective); (b) each summary plan description and all summaries of material modifications relating to a Plan; (c) each trust agreement or other funding arrangement with respect to each Plan, including insurance contracts; (d) the most recently filed IRS Form 5500 relating to each Plan; (e) the most recently received IRS determination letter for each Plan; and (f) the three most recently prepared actuarial reports and financial statements in connection with each Plan. TAA The Seller has not made no any commitment, (i) to create or cause to exist any Plan not set forth on Schedule 2.18 4.17.1 or (ii) to modify, change or terminate any Plan.

Appears in 1 contract

Samples: Asset Purchase Agreement (Versadial, Inc.)

List of Plans. Schedule 2.18 3.8 to this Agreement lists all employee benefit plans (as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA")) and all bonus, incentive, deferred compensation, stock option, restricted stock, stock appreciation rights, phantom stock rightsstock, deferred compensation, retiree medical or life insurance, supplemental retirement, severance or other benefit plans, programs or arrangements, and all termination, severance or other Contracts, whether covering one Person or more than one Person, and whether or not subject to any of the provisions of ERISA, which are or have been maintained, contributed to or sponsored by TAA, the Company or any ERISA Affiliate (as defined in Section 2.18(c)3.19.3 below) for the benefit of any employee (each item listed on Schedule 2.18 3.8 being referred to herein individually, as a "Plan" and collectively, as the "Plans"). TAA has The Stockholders have delivered to the Purchaser, to the extent applicable, a complete and accurate copy of: (a) each written Plan and descriptions of any unwritten Plan (including all amendments thereto whether or not such amendments are currently effective); (b) each summary plan description and all summaries of material modifications relating to a Plan; (c) each trust agreement or other funding arrangement with respect to each Plan, including insurance contracts; (d) the most recently filed IRS Form 5500 relating to each Plan; (e) the most recently received IRS determination letter for each Plan; and (f) the three most recently prepared actuarial reports and financial statements in connection with each Plan. TAA Except as set forth on Schedule 3.19.1, none of the Stockholders nor the Company has made no any commitment, (i) to create or cause to exist any Plan not set forth on Schedule 2.18 3.8 or (ii) to modify, change or terminate any Plan.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Phillips Ian S)

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List of Plans. Schedule 2.18 3.8 to this Agreement lists all employee benefit plans (as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA")) and all bonus, incentive, deferred compensation, stock option, restricted stock, stock appreciation rights, phantom stock rights, retiree medical or life insurance, supplemental retirement, severance or other benefit plans, programs or arrangements, and all termination, severance or other Contracts, whether covering one Person or more than one Person, and whether or not subject to any of the provisions of ERISA, which are or have been maintained, contributed to or sponsored by TAA, the Company or any ERISA Affiliate (as defined in Section 2.18(c)3.19.3) for the benefit of any employee (each item listed on Schedule 2.18 3.8 being referred to herein individually, as a "Plan" and collectively, as the "Plans"). TAA The Stockholder has delivered to the Purchaser, to the extent applicable, a complete and accurate copy of: (a) each written Plan and descriptions of any unwritten Plan (including all amendments thereto whether or not such amendments are currently effective); (b) each summary plan description and all summaries of material modifications relating to a Plan; (c) each trust agreement or other funding arrangement with respect to each Plan, including insurance contracts; (d) the most recently filed IRS Form 5500 relating to each Plan; (e) the most recently received IRS determination letter for each Plan; and (f) the three most recently prepared actuarial reports and financial statements in connection with each Plan. TAA Neither the Stockholder nor the Company has made no any commitment, (i) to create or cause to exist any Plan not set forth on Schedule 2.18 3.8 or (ii) to modify, change or terminate any PlanPlan except as set forth on Schedule 3.8.

Appears in 1 contract

Samples: Stock Purchase Agreement (Aquantive Inc)

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