Common use of Plan Documents and Reports Clause in Contracts

Plan Documents and Reports. The Sellers have made available for review by the Buyer copies of each of the plans, arrangements, and agreements relating to employee benefits of the Companies (referred to hereinafter as "Employee Benefit Plans"), and all Contracts relating thereto, or to the funding thereof, including, without limitation, all trust agreements, insurance Contracts, administration Contracts, investment management agreements, subscription and participation agreements, and record keeping agreements, each as in effect on the date hereof. In the case of any Employee Benefit Plan which is not in written form, the Buyer has been supplied with an accurate description of such Employee Benefit Plan as in effect on the date hereof. A true and correct copy of the most recent annual report, actuarial report, accountant's opinion of the plan's financial statements, summary plan description and Internal Revenue Service determination letter with respect to each Employee Benefit Plan, to the extent applicable, and a current schedule of assets (and the fair market value thereof assuming liquidation of any asset which is not readily tradable) held with respect to any funded Employee Benefit Plan has been supplied to the Buyer, and, to the Knowledge of the Sellers, there have been no material changes in the financial condition in the respective plans from that stated in the annual reports and actuarial reports supplied.

Appears in 1 contract

Samples: Stock Purchase Agreement (Jackson Products Inc)

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Plan Documents and Reports. The Sellers have made available for review by the Buyer copies A true and correct copy of each of the plans, arrangements, and agreements relating to employee benefits of the Companies listed on Schedule 3.26 (referred to hereinafter as "Employee Benefit Plans"), and all Contracts relating thereto, or to the funding thereof, including, without limitation, all trust agreements, insurance Contracts, administration Contracts, investment management agreements, subscription and participation agreements, and record keeping recordkeeping agreements, each as in effect on the date hereof, has been supplied to the Buyer. In the case of any Employee Benefit Plan which is not in written form, the Buyer has been supplied with an accurate description of such Employee Benefit Plan as in effect on the date hereof. A true and correct copy of the most recent annual report, actuarial report, accountant's opinion of the plan's financial statements, summary plan description and Internal Revenue Service determination letter with respect to each Employee Benefit Plan, to the extent applicable, and a current schedule of assets (and the fair market value thereof assuming liquidation of any asset which is not readily tradable) held with respect to any funded Employee Benefit Plan has been supplied to the Buyer, and, to the Knowledge of the Sellers, and there have been no material changes in the financial condition in the respective plans other than market gains or losses to date from that stated in the annual reports and actuarial reports supplied.

Appears in 1 contract

Samples: Stock Purchase Agreement (Lmi Aerospace Inc)

Plan Documents and Reports. The Sellers have made available for review by the Buyer copies A true and correct copy of each of the plans, arrangements, and agreements relating to employee benefits of the Companies listed on Schedule 4.24 (referred to hereinafter as "Employee Benefit Plans"), and all Contracts relating thereto, or to the funding thereof, including, without limitation, all trust agreements, insurance Contracts, administration Contracts, investment management agreements, subscription and participation agreements, and record keeping recordkeeping agreements, each as in effect on the date hereof, has been supplied to the Buyer. In the case of any Employee Benefit Plan which is not in written form, the Buyer has been supplied with an accurate description of such Employee Benefit Plan as in effect on the date hereof. A true and correct copy of the most recent annual report, actuarial report, accountant's ’s opinion of the plan's ’s financial statements, summary plan description and Internal Revenue Service determination letter with respect to each Employee Benefit Plan, to the extent applicable, and a current schedule of assets (and the fair market value thereof assuming liquidation of any asset which is not readily tradable) held with respect to any funded Employee Benefit Plan has been supplied to the Buyer, and, to the Knowledge of the Sellers, and there have been no material changes in the financial condition in the respective plans other than market gains or losses to date from that stated in the annual reports and actuarial reports supplied.

Appears in 1 contract

Samples: Share Purchase Agreement (Protea Biosciences Group, Inc.)

Plan Documents and Reports. The Sellers have made available for review by the Buyer copies A true and correct copy of each of -------------------------- the plans, arrangements, and agreements relating to employee benefits of the Companies listed on Schedule 4.24 (referred ------------- to hereinafter as "Employee Benefit Plans"), and all Contracts relating ---------------------- thereto, or to the funding thereof, including, without limitation, all trust agreements, insurance Contracts, administration Contracts, investment management agreements, subscription and participation agreements, and record keeping recordkeeping agreements, each as in effect on the date hereof, has been supplied to the Buyer. In the case of any Employee Benefit Plan which is not in written form, the Buyer has been supplied with an accurate description of such Employee Benefit Plan as in effect on the date hereof. A true and correct copy of the most recent annual report, actuarial report, accountant's opinion of the plan's financial statements, summary plan description and Internal Revenue Service determination letter with respect to each Employee Benefit Plan, to the extent applicable, and a current schedule of assets (and the fair market value thereof assuming liquidation of any asset which is not readily tradable) held with respect to any funded Employee Benefit Plan has been supplied to the Buyer, and, to the Knowledge of the Sellers, and there have been no material changes in the financial condition in the respective plans other than market gains or losses to date from that stated in the annual reports and actuarial reports supplied.

Appears in 1 contract

Samples: Stock Purchase Agreement (Jackson Products Inc)

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Plan Documents and Reports. The Sellers have made available for review by the Buyer copies A true and correct copy of each of the -------------------------- plans, arrangements, and agreements relating to employee benefits of the Companies listed on Schedule 2.17 (referred to ------------- hereinafter as "Employee Benefit Plans"), and all Contracts contracts relating thereto, or to the funding thereof, including, without limitation, all trust agreements, insurance Contractscontracts, administration Contractscontracts, investment management agreements, subscription and participation agreements, and record keeping recordkeeping agreements, each as in effect on the date hereof, has been supplied to the Purchaser. In the case of any Employee Benefit Plan which is not in written form, the Buyer Purchaser has been supplied with an accurate description of such Employee Benefit Plan as in effect on the date hereof. A true and correct copy of the most recent annual report, actuarial report, accountant's opinion of the plan's financial statements, summary plan description and Internal Revenue Service IRS determination letter with respect to each Employee Benefit Plan, to the extent applicable, and a current schedule of assets (and the fair market value thereof assuming liquidation of any asset which is not readily tradable) held with respect to any funded Employee Benefit Plan has been supplied to the BuyerPurchaser, and, to the Knowledge of the Sellers, and there have been no material changes in the financial condition in the respective plans from that stated in the annual reports and actuarial reports supplied.

Appears in 1 contract

Samples: Stock Purchase Agreement (National Equipment Services Inc)

Plan Documents and Reports. The Sellers have made available for review by the Buyer copies A true and correct copy of each of the plans, programming policies, arrangements, and agreements relating to employee benefits of the Companies listed on Schedule 3.20 (referred to hereinafter as "Employee Benefit Plans"), and all Contracts relating thereto, or to the funding thereof, including, without limitation, all trust agreements, insurance Contracts, administration Contracts, investment management agreements, subscription and participation agreements, and record keeping recordkeeping agreements, each as in effect on the date hereof, has been supplied to the Buyer. In the case of any Employee Benefit Plan which is not in written form, the Buyer has been supplied with an accurate description of such Employee Benefit Plan as in effect on the date hereof. A true and correct copy of the most recent annual report, actuarial report, accountant's opinion of the plan's financial statements, summary plan description and Internal Revenue Service determination letter with respect to each Employee Benefit Plan, to the extent applicable, and a current schedule of assets (and the fair market value thereof assuming liquidation of any asset which is not readily tradable) held with respect to any funded Employee Benefit Plan has been supplied to the Buyer, and, to the Knowledge of the Sellers, and there have been no material changes in the financial condition in the respective plans other than market gains or losses to date from that stated in the annual reports and actuarial reports supplied.

Appears in 1 contract

Samples: Asset Purchase Agreement (Digimarc Corp)

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