Common use of Plan Documents and Reports Clause in Contracts

Plan Documents and Reports. A true, correct and complete copy of each of the Plans, Arrangements and Employment Agreements set forth on Schedule 5.16 (collectively, the “Benefit Plans”), and all Contracts relating thereto, or to the funding thereof, including all trust agreements, insurance contracts, administration contracts, investment management agreements, subscription and participation agreements and record keeping agreements, each as currently in effect, has been provided to Purchaser. In the case of any Benefit Plan that is not in written form, Purchaser has been supplied with a true, correct and complete description of such Benefit Plan as currently in effect, including all material terms of such Benefit Plan. A true, correct and complete copy of the most recent annual report, actuarial report, accountant’s opinion of the plan’s financial statements, summary plan description and IRS determination letter with respect to each Benefit Plan, to the extent applicable, and a current schedule of assets (and the fair market value thereof assuming liquidation of any asset that is not readily tradable) held with respect to any funded Benefit Plan has been supplied to Purchaser, and there have been no material changes in the financial condition in the respective Benefit Plans from that stated in the annual reports and actuarial reports supplied.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Refco Group Ltd., LLC), Purchase and Sale Agreement (Refco Inc.)

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Plan Documents and Reports. A true, correct accurate and complete copy of each of the Plansplans, Arrangements arrangements, and Employment Agreements agreements set forth on Schedule 5.16 6.14 (collectively, the “Company Benefit Plans”), and all Contracts relating thereto, or to the funding thereof, including all trust agreements, insurance contracts, administration contracts, investment management agreements, subscription and participation agreements agreements, and record keeping recordkeeping agreements, each as currently in effecteffect on the date hereof, has been provided supplied to Purchaserthe Company. In the case of any Company Benefit Plan that is not in written form, Purchaser the Company has been supplied with a true, correct accurate and complete description of such Benefit Plan as currently in effect, including all material terms of such Company Benefit Plan, as in effect on the date hereof. A true, correct accurate and complete copy of the most recent annual report, actuarial report, accountant’s opinion of the plan’s financial statements, summary plan description description, and IRS Internal Revenue Service determination letter with respect to each such Company Benefit Plan, to the extent applicable, and a current schedule of assets (and the fair market value thereof assuming liquidation of any asset that which is not readily tradabletradeable) held with respect to any funded Company Benefit Plan has been supplied to PurchaserParent, and there have been no material changes in the financial condition in of the respective Company Benefit Plans from that stated in the annual reports and actuarial reports supplied.

Appears in 2 contracts

Samples: Subscription Agreement (M Wave Inc), Agreement and Plan of Merger (M Wave Inc)

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Plan Documents and Reports. A true, correct accurate and complete copy of each of the Plansplans, Arrangements arrangements, and Employment Agreements agreements set forth on Schedule 5.16 7.11 (collectively, the “Parent Benefit Plans”), and all Contracts relating thereto, or to the funding thereof, including all trust agreements, insurance contracts, administration contracts, investment management agreements, subscription and participation agreements agreements, and record keeping recordkeeping agreements, each as currently in effecteffect on the date hereof, has been provided supplied to Purchaserthe Company. In the case of any Parent Benefit Plan that which is not in written form, Purchaser Parent has been supplied with a true, correct accurate and complete description of such Benefit Plan as currently in effect, including all material terms of such Parent Benefit Plan, as in effect on the date hereof. A true, correct accurate and complete copy of the most recent annual report, actuarial report, accountant’s opinion of the plan’s financial statements, summary plan description description, and IRS Internal Revenue Service determination letter with respect to each such Parent Benefit Plan, to the extent applicable, and a current schedule of assets (and the fair market value thereof assuming liquidation of any asset that which is not readily tradabletradeable) held with respect to any funded Parent Benefit Plan has been supplied to Purchaserthe Company, and there have been no material changes in the financial condition in of the respective Parent Benefit Plans from that stated in the annual reports and actuarial reports supplied.

Appears in 1 contract

Samples: Agreement and Plan of Merger (M Wave Inc)

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