Common use of Plan Funding Clause in Contracts

Plan Funding. With respect to the Company Employee Plans, there are no material benefit obligations for which contributions have not been timely made or properly accrued and there are no material benefit obligations which have not been accounted for by reserves, or otherwise properly footnoted in accordance with the requirements of GAAP, on the financial statements of the Company.

Appears in 6 contracts

Samples: Merger Agreement (Pharmacopeia Inc), Agreement and Plan of Reorganization (Visual Sciences, Inc.), Agreement and Plan of Reorganization (Omniture, Inc.)

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Plan Funding. With respect to the Company Employee Benefit Plans, there are no material benefit or funding obligations for which contributions have not been timely made or properly accrued or will not be offset by insurance and there are no material benefit or funding obligations which have not been accounted for by reserves, or otherwise properly footnoted in accordance with the requirements of GAAP, on the financial statements of the Company. The assets of each Company Benefit Plan which is funded are reported at their fair market value on the books and records of such Company Benefit Plan.

Appears in 6 contracts

Samples: Agreement and Plan of Reorganization (Brocade Communications Systems Inc), Agreement and Plan of Reorganization (McData Corp), Merger Agreement

Plan Funding. With respect to the Company Employee Benefit Plans, there are no material benefit obligations for which required contributions have not been timely made or properly accrued to the extent required by GAAP or applicable Legal Requirements and there are no material benefit obligations which have not been accounted for by reserves, or otherwise properly footnoted in accordance with the requirements of GAAP, on the financial statements of the Company. The assets of each Company Benefit Plan which is funded are reported at their fair market value on the books and records of such Company Benefit Plan.

Appears in 4 contracts

Samples: Implementation Agreement, Implementation Agreement (Advantest Corp), Implementation Agreement (Verigy Ltd.)

Plan Funding. With respect to the Company Employee Benefit Plans, there are no material benefit obligations for which required contributions have not been timely made or properly accrued to the extent required by GAAP and there are no material benefit obligations which have not been accounted for by reserves, or otherwise properly footnoted in accordance with the requirements of GAAP, on the financial statements Company Financials. The assets of each Company Benefit Plan that is funded are reported at their fair market value on the Companybooks and records of such Company Benefit Plan.

Appears in 3 contracts

Samples: Merger Agreement (Divx Inc), Merger Agreement (Divx Inc), Merger Agreement (Sonic Solutions/Ca/)

Plan Funding. With respect to the Company Employee Plans, there are no material benefit obligations for which contributions have not been timely made or properly accrued and there are no material benefit obligations which have not been accounted for by reserves, or otherwise properly footnoted in accordance with the requirements of GAAP, on the financial statements of the Company.

Appears in 2 contracts

Samples: Merger Agreement (Avigen Inc \De), Merger Agreement (Medicinova Inc)

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Plan Funding. With respect to the Company Employee Benefit Plans, there are no material benefit obligations for which required contributions have not been timely made or properly accrued to the extent required by GAAP or applicable Legal Requirements and there are no material benefit obligations which have not been accounted for by reserves, or otherwise properly footnoted in accordance with the requirements of GAAP, on the financial statements of the Company. The assets of each Company Benefit Plan which is funded are reported at their fair market value on the books and records of such Company Benefit Plan.

Appears in 1 contract

Samples: Implementation Agreement (SunEdison Semiconductor LTD)

Plan Funding. With respect to the Company Employee Benefit Plans, there are no material benefit or funding obligations for which contributions have not been timely made or properly accrued or will not be offset by insurance and there are no material benefit or funding obligations which have not been accounted for by reserves, or otherwise properly footnoted in accordance with the requirements of GAAP, on the financial statements of the CompanySeller. The assets of each Company Benefit Plan which is funded are reported at their fair market value on the books and records of such Company Benefit Plan.

Appears in 1 contract

Samples: Stock Purchase and Option Agreement (Transax International LTD)

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