Common use of Plans, Etc Clause in Contracts

Plans, Etc. On or prior to the Initial Borrowing Date, there shall have been made available to the Administrative Agent true and correct copies of the following documents, in each case as same will be in effect on the Initial Borrowing Date after the consummation of the Transaction: (i) all Plans (and for each Plan that is required to file an annual report on Internal Revenue Service Form 5500-series, a copy of the most recent such report (including, to the extent required, the related financial and actuarial statements and other supporting statements, certifications, schedules and information), and for each Plan that is a “single-employer plan,” as defined in Section 4001(a)(15) of ERISA, the most recently prepared actuarial valuation therefor) and any other “employee benefit plans,” as defined in Section 3(3) of ERISA, and any other material agreements, plans or arrangements, with or for the benefit of current or former employees of the Borrower or any of its Subsidiaries or any ERISA Affiliate (provided that the foregoing shall apply in the case of any multiemployer plan, as defined in 4001(a)(3) of ERISA, only to the extent that any document described herein is in the possession of the Borrower or any Subsidiary of the Borrower or any ERISA Affiliate or reasonably available thereto from the sponsor or trustee of any such plan); (ii) any collective bargaining agreements or any other similar agreement or arrangements covering the employment arrangements of the employees of the Borrower or any of its Subsidiaries; (iii) all agreements entered into by the Borrower or any Subsidiary governing the terms and relative rights of its capital stock or other equity interests; (iv) any material agreement with respect to the management of the Borrower or any of its Subsidiaries; (v) any material employment agreements entered into by the Borrower or any of its Subsidiaries; and (vi) any tax sharing, tax allocation and other similar agreements entered into by the Borrower and/or any of its Subsidiaries with any entity not a Pledge Party; with all of the foregoing to be reasonably satisfactory to the Administrative Agent.

Plans, Etc. On or prior to the Initial Borrowing Closing Date, there shall have ----------- been made available to the Administrative Agent true and correct copies of the following documents, in each case as same will be in effect on the Initial Borrowing Date after the consummation of the TransactionAgent: (i) all Plans (and for each Plan that is required to file an annual report on Internal Revenue Service Form 5500-series, a copy of the most recent such report (including, to the extent required, the related financial and actuarial statements and other supporting statements, certifications, schedules and information), and for each Plan that is a “"single-employer plan,” " as defined in Section 4001(a)(15) of ERISA, the most recently prepared actuarial valuation therefor) and any other “"employee benefit plans,” " as defined in Section 3(3) of ERISA, and any other material agreements, plans or arrangements, with or for the benefit of current or former employees of the Borrower or any of its Subsidiaries or any ERISA Affiliate (provided that the foregoing shall apply in the case of any multiemployer plan, as defined in 4001(a)(3) of ERISA, only to the extent that any document described herein therein is in the possession of the Borrower or any Subsidiary of the Borrower or any ERISA Affiliate or reasonably available thereto from the sponsor or trustee of any such plan); (ii) any collective bargaining agreements or any other similar agreement or arrangements covering the employment arrangements of the employees of the Borrower or any of its Subsidiaries; (iii) all agreements entered into by the Borrower or any Subsidiary governing the terms and relative rights of its capital stock or other equity interestsstock; (iv) any material agreement with respect to the management of the Borrower or any of its Subsidiaries; (v) any material employment agreements entered into by the Borrower or any of its Subsidiaries; and (vi) any tax sharing, tax allocation and other similar agreements entered into by the Borrower and/or any of its Subsidiaries with any entity not a Pledge Credit Party; with all of the foregoing to be reasonably satisfactory to the Administrative Agent.

Plans, Etc. On or prior to the Initial Borrowing Tender Offer Closing Date, there shall have been made available to the Administrative Agent true and correct copies of the following documents, in each case as same will be in effect on the Initial Borrowing Date after the consummation of the Transactionof: (i) all Plans (and for each Plan that is required to file an annual report on Internal Revenue Service Form 5500-series, a copy of the most recent such report (including, to the extent required, the related financial and actuarial statements and other supporting statements, certifications, schedules and information)any Plans, and for each Plan (x) that is a “single-"single- employer plan,” " (as defined in Section 4001(a)(15) of ERISA, ) the most recently prepared completed actuarial valuation thereforprepared therefor by such Plan's regular enrolled actuary and the Schedule B, "Actuarial Information" to the IRS Form 5500 (Annual Report) most recently filed with the Internal Revenue Service and any other “employee benefit plans,” (y) that is a "multiemployer plan" (as defined in Section 3(34001(a)(3) of ERISA), and any other material agreements, plans or arrangements, with or for the benefit of current or former employees each of the Borrower documents referred to in clause (x) either in the possession of the Company or any of its Subsidiaries or any ERISA Affiliate (provided that the foregoing shall apply in the case of any multiemployer planincluding Eljer and its Subsidiaries), as defined in 4001(a)(3) of ERISA, only to the extent that any document described herein is in the possession of the Borrower or any Subsidiary of the Borrower or any ERISA Affiliate or reasonably available thereto from the sponsor or trustee trustees of any such plan)Plan; (ii) any collective bargaining agreements or any other similar agreement or arrangements covering the employment arrangements of the employees of the Borrower Company or any of its Subsidiaries (including Eljer and its Subsidiaries); (iii) all agreements evidencing or relating to the Existing Indebtedness; (iv) all agreements entered into by the Borrower Company or any Subsidiary of its Subsidiaries (including Eljer and its Subsidiaries) governing the terms and relative rights of its capital stock stock, and any agreements entered into by members or other equity interestsshareholders of the Company or any such Subsidiary with respect to their capital stock; (ivv) any material agreement with respect to to, the management of the Borrower Company or any of its Subsidiaries (including Eljer and its Subsidiaries); (vvi) any material employment agreements entered into by the Borrower Company or any of its Subsidiaries (including Eljer and its Subsidiaries); and (vi) any tax sharingand In addition, tax allocation the Company shall have delivered to the Administrative Agent on or prior to the Tender Offer Closing Date a true and other similar agreements entered into by correct copy of the Borrower and/or any of its Subsidiaries with any entity not a Pledge Party; Third Amended Plan, as originally filed in the Brass Proceeding and as amended to date, with all of the foregoing such amendments to be reasonably satisfactory to the Administrative AgentPlan Majority Banks.

Plans, Etc. On or prior to the Initial Borrowing Date, there There shall have been made available to the Administrative Agent copies, certified as true and correct copies by an appropriate officer of the following documentsBorrower, in each case as same will be in effect on the Initial Borrowing Date after the consummation of the Transactionof: (i) all Plans (and for each Plan that is required to file an annual report on Internal Revenue Service Form 5500-series, a copy of the most recent such report (including, to the extent required, the related financial and actuarial statements and opinions and other supporting statements, certifications, schedules and information), and for each Plan that is a “"single-employer plan,” " as defined in Section 4001(a)(15) of ERISA, the most recently prepared actuarial valuation therefor) and any other “"employee benefit plans,” " as defined in Section 3(3) of ERISA, and any other material agreements, plans or arrangementsarrangements (other than wages paid to current employees in the ordinary course), with or for the benefit of current or former employees of the Borrower or any of its Subsidiaries or any ERISA Affiliate (provided that the foregoing shall apply in the case of any multiemployer plan, as defined in 4001(a)(3) of ERISA, only to the extent that any document described herein therein is in the possession of the Borrower or any Subsidiary of the Borrower or any ERISA Affiliate or reasonably available thereto from the sponsor or trustee of any such plan); (ii) any material employment agreement with respect to the senior management of the Borrower or any of its Subsidiaries, including VIK and its Subsidiaries; (iii) any collective bargaining agreements or any other similar agreement or arrangements covering the employment arrangements of the employees of the Borrower or any of its Subsidiaries; (iiiiv) all agreements entered into by the Borrower evidencing, governing or any Subsidiary governing the terms and relative rights of its capital stock or other equity interests; (iv) any material agreement with respect relating to the management of the Borrower or any of its Subsidiaries;10% Convertible Subordinated Debentures; and (v) any material employment agreements entered into by the Borrower or any of its Subsidiaries; and (vi) any all tax sharing, tax allocation and other similar agreements entered into by the Borrower and/or any of its Subsidiaries with (collectively, the "Tax Sharing Agreements") including any entity not a Pledge PartyTax Sharing Agreement between the Borrower and any of its Subsidiaries (including VIK); with all of which shall be in form and substance reasonably satisfactory to the foregoing to be Administrative Agent, it being understood and agreed that the Plans and agreements set forth on Annex IX, the employment agreement, dated January 23, 1996, between HIC and Xxxxxxx Xxxxxxxxx and the agreements and other documents set forth in Annex XI in the form specified therein) are in form and substance reasonably satisfactory to the Administrative Agent.

Plans, Etc. On or prior to the Initial Borrowing Date, there shall have been made available to the Administrative Agent true and correct copies of the following documents, in each case as same will be in effect on the Initial Borrowing Date after the consummation of the Transactionof: (i) all any Plans (and for each Plan that is required to file an annual report on Internal Revenue Service Form 5500-series, a copy of the most recent such report (including, to the extent required, the related financial and actuarial statements and other supporting statements, certifications, schedules and information)Holdings or any of its Subsidiaries, and for each such Plan that is a “single-employer plan,” as defined in Section 4001(a)(15) of ERISA, the most recently prepared completed actuarial valuation thereforprepared therefor by such Plan's regular enrolled actuary and the Schedule B (Actuarial Information) and any other “employee benefit plans,” as defined in Section 3(3) of ERISA, and any other material agreements, plans or arrangements, with or for the benefit of current or former employees of the Borrower or any of its Subsidiaries or any ERISA Affiliate (provided that the foregoing shall apply in the case of any multiemployer plan, as defined in 4001(a)(3) of ERISA, only to the extent that any document described herein is in most recent annual report (Form 5500 Series) for each Plan most recently filed with the possession of the Borrower or any Subsidiary of the Borrower or any ERISA Affiliate or reasonably available thereto from the sponsor or trustee of any such plan)Internal Revenue Service; (ii) any collective bargaining agreements or any other similar agreement or arrangements covering the employment arrangements of the employees of the Borrower Holdings or any of its SubsidiariesSubsidiaries (collectively, the "Collective Bargaining Agreements"); (iii) all agreements evidencing or relating to the Existing Indebtedness (the "Existing Indebtedness Agreements"); (iv) all agreements entered into by Holdings or the Borrower or any Subsidiary governing the terms and relative rights of its capital stock or other equity interests(collectively, the "Shareholders' Agreements"); (ivv) any material agreement with respect to the management of the Borrower Holdings or any of its SubsidiariesSubsidiaries (collectively, the "Management Agreements"); (vvi) any material employment agreements entered into by the Borrower Holdings or any of its SubsidiariesSubsidiaries (collectively, the "Employment Agreements"); and (vivii) any tax sharing, tax allocation and other similar agreements entered into by the Borrower Holdings and/or any of its Subsidiaries with any entity not a Pledge Party(collectively, the "Tax Sharing Agreements"); with all of the foregoing to which shall be in form and substance reasonably satisfactory to the Administrative AgentAgents and shall be in full force and effect on the Initial Borrowing Date.

Plans, Etc. On or prior to the Initial Borrowing Restatement Effective Date, there shall have been made available to the Administrative Agent true and correct copies of the following documentsdocuments (in each case except to the extent already delivered or made available for review by the Administrative Agent on or prior to the Original Effective Date), in each case as same will be in effect on the Initial Borrowing Restatement Effective Date after the consummation of the Transaction: (i) all Plans (and for each Plan that is required to file an annual report on Internal Revenue Service Form 5500-series, a copy of the most recent such report (including, to the extent required, the related financial and actuarial statements and other supporting statements, certifications, schedules and information), and for each Plan that is a “"single-employer plan,” " as defined in Section 4001(a)(15) of ERISA, the most recently prepared actuarial valuation therefor) and any other “"employee benefit plans,” " as defined in Section 3(3) of ERISA, and any other material agreements, plans or arrangements, with or for the benefit of current or former employees of the Borrower or any of its Subsidiaries or any ERISA Affiliate (provided that the foregoing shall apply in the case of any multiemployer plan, as defined in 4001(a)(3) of ERISA, only to the extent that any document described herein therein is in the possession of the Borrower or any Subsidiary of the Borrower or any ERISA Affiliate or reasonably available thereto from the sponsor or trustee of any such plan); (ii) any collective bargaining agreements or any other similar agreement or arrangements covering the employment arrangements of the employees of the Borrower or any of its Subsidiaries; (iii) all agreements entered into by the Borrower or any Subsidiary governing the terms and relative rights of its capital stock or other equity interestsstock; (iv) any material agreement with respect to the management of the Borrower or any of its Subsidiaries; (v) any material employment agreements entered into by the Borrower or any of its Subsidiaries; and (vi) any tax sharing, tax allocation and other similar agreements entered into by the Borrower and/or any of its Subsidiaries with any entity not a Pledge Credit Party; with all of the foregoing to be reasonably satisfactory to the Administrative Agent.

Plans, Etc. On or prior to the Initial Borrowing Restatement Effective Date, there shall have been made available to the Administrative Agent true and correct copies of the following documents, in each case as same will be in effect on the Initial Borrowing Date after the consummation of the Transactionupon its request: (i) all Plans (and for each Plan that is required to file an annual report on Internal Revenue Service Form 5500-series, a copy of the most recent such report (including, to the extent required, the related financial and actuarial statements and other supporting statements, certifications, schedules and information), and for each Plan that is a “"single-employer plan,” " as defined in Section 4001(a)(15) of ERISA, the most recently prepared actuarial valuation therefor) and any other “"employee benefit plans,” " as defined in Section 3(3) of ERISA, and any other material agreements, plans or arrangements, with or for the benefit of current or former employees of the Borrower or any of its Subsidiaries or any ERISA Affiliate (provided that the foregoing shall apply in the case of any multiemployer plan, as defined in 4001(a)(3) of ERISA, only to the extent that any document described herein therein is in the possession of the Borrower or any Subsidiary of the Borrower or any ERISA Affiliate or reasonably available thereto from the sponsor or trustee of any such plan); (ii) any collective bargaining agreements or any other similar agreement or arrangements covering the employment arrangements of the employees of the Borrower or any of its Subsidiaries; (iii) all agreements entered into by the Borrower or any Subsidiary governing the terms and relative rights of its capital stock or other equity interestsstock; (iv) any material agreement with respect to the management of the Borrower or any of its Subsidiaries; (v) any material employment agreements entered into by the Borrower or any of its Subsidiaries; and (vi) any tax sharing, tax allocation and other similar agreements entered into by the Borrower and/or any of its Subsidiaries with any entity not a Pledge Credit Party; with all of the foregoing to be reasonably satisfactory to the Administrative Agent.

Plans, Etc. On or prior to the Initial Borrowing Restatement Effective Date, there shall have been made available to the Administrative Agent true and correct copies of the following documents, in each case as same will be in effect on the Initial Borrowing Date after the consummation of the TransactionAgents upon their request: (i) all Plans (and for each Plan that is required to file an annual report on Internal Revenue Service Form 5500-series, a copy of the most recent such report (including, to the extent required, the related financial and actuarial statements and other supporting statements, certifications, schedules and information), and for each Plan that is a “"single-employer plan,” " as defined in Section 4001(a)(15) of ERISA, the most recently prepared actuarial valuation therefor) and any other “"employee benefit plans,” " as defined in Section 3(3) of ERISA, and any other material agreements, plans or arrangements, with or for the benefit of current or former employees of the Borrower or any of its Subsidiaries or any ERISA Affiliate (provided that the foregoing shall apply in the case of any multiemployer plan, as defined in 4001(a)(3) of ERISA, only to the extent that any document described herein therein is in the possession of the Borrower or any Subsidiary of the Borrower or any ERISA Affiliate or reasonably available thereto from the sponsor or trustee of any such plan); (ii) any collective bargaining agreements or any other similar agreement or arrangements covering the employment arrangements of the employees of the Borrower or any of its Subsidiaries; (iii) all agreements entered into by the Borrower or any Subsidiary of its Subsidiaries governing the terms and relative rights of its capital stock or other equity interestsstock; (iv) any material agreement with respect to the management of the Borrower or any of its Subsidiaries; (v) any material employment agreements entered into by the Borrower or any of its Subsidiaries; and (vi) any tax sharing, tax allocation and other similar agreements entered into by the Borrower and/or any of its Subsidiaries with any entity not a Pledge Credit Party; with all of the foregoing to be reasonably satisfactory to the Administrative AgentAgents.

Plans, Etc. On or prior to the Initial Borrowing Effective Date, there shall have been made available to the Administrative Agent true and correct copies of the following documents, in each case as same will be in effect on the Initial Borrowing Date after the consummation of the TransactionAgents upon their request: (i) all Plans (and for each Plan that is required to file an annual report on Internal Revenue Service Form 5500-series, a copy of the most recent such report (including, to the extent required, the related financial and actuarial statements and other supporting statements, certifications, schedules and information), and for each Plan that is a “"single-employer plan,” " as defined in Section 4001(a)(15) of ERISA, the most recently prepared actuarial valuation therefor) and any other “"employee benefit plans,” " as defined in Section 3(3) of ERISA, and any other material agreements, plans or arrangements, with or for the benefit of current or former employees of the Borrower or any of its Subsidiaries or any ERISA Affiliate (provided PROVIDED that the foregoing shall apply in the case of any multiemployer plan, as defined in 4001(a)(3) of ERISA, only to the extent that any document described herein therein is in the possession of the Borrower or any Subsidiary of the Borrower or any ERISA Affiliate or reasonably available thereto from the sponsor or trustee of any such plan); (ii) any collective bargaining agreements or any other similar agreement or arrangements covering the employment arrangements of the employees of the Borrower or any of its Subsidiaries; (iii) all agreements entered into by the Borrower or any Subsidiary of its Subsidiaries governing the terms and relative rights of its capital stock or other equity interestsstock; (iv) any material agreement with respect to the management of the Borrower or any of its Subsidiaries; (v) any material employment agreements entered into by the Borrower or any of its Subsidiaries; and (vi) any tax sharing, tax allocation and other similar agreements entered into by the Borrower and/or any of its Subsidiaries with any entity not a Pledge Credit Party; with all of the foregoing to be reasonably satisfactory to the Administrative AgentAgents.

Plans, Etc. On or prior to the Initial Borrowing Date, there There shall have been made available to the Administrative Agent (which copies may be made available to the Banks) copies, certified as true and correct copies by an Authorized Officer of the following documentsBorrower, of (a) any Plans, other than any Plans which have terminated prior to the Effective Date and any Plans in each case as same will be in effect on the Initial Borrowing Date after the consummation which none of the Transaction: (i) all Plans (and for each Plan that is required to file an annual report on Internal Revenue Service Form 5500-seriesBorrower, a copy any Subsidiary or any ERISA Affiliate participates as of the most recent such report (including, to the extent required, the related financial and actuarial statements and other supporting statements, certifications, schedules and information)Effective Date, and for each such Plan (x) that is a “"single-employer plan,” " (as defined in Section 4001(a)(15) of ERISA, ) the most recently prepared completed actuarial valuation thereforprepared therefor by such Plan's regular enrolled actuary and the Schedule B, "Actuarial Information" to the IRS Form 5500 (Annual Report) most recently filed with the Internal Revenue Service and any other “employee benefit plans,” (y) that is a "multiemployer plan" (as defined in Section 3(3) of ERISA, and any other material agreements, plans or arrangements, with or for the benefit of current or former employees of the Borrower or any of its Subsidiaries or any ERISA Affiliate (provided that the foregoing shall apply in the case of any multiemployer plan, as defined in 4001(a)(3) of ERISA), only each of the documents referred to the extent that any document described herein is in clause (x) either in the possession of the Borrower or any Subsidiary of the Borrower or any ERISA Affiliate or reasonably available thereto from the sponsor or trustee trustees of any such plan); Plan, (iib) any collective bargaining agreements or any other similar agreement or arrangements covering the employment arrangements of the employees of the Borrower or any of its Subsidiaries; Subsidiaries (iii) all agreements entered into by collectively, the Borrower or any Subsidiary governing the terms and relative rights of its capital stock or other equity interests; "Collective Bargaining Agreements"), (ivc) any material agreement agreements (or the forms thereof) with members of, or with respect to to, the management of the Borrower or any of its Subsidiaries; Subsidiaries (vcollectively, the "Management Agreements"), (d) any material employment agreements entered into by the Borrower or any of its Subsidiaries; and Subsidiaries (vicollectively, the "Employment Agreements"), and (e) any all tax sharing, tax allocation and other similar agreements entered into by the Borrower Borrower, and/or any of its Subsidiaries with any entity not a Pledge Party; with (collectively, the "Tax Sharing Agreements"), all of the foregoing to which Plans, Collective Bargaining Agreements, Management Agreements, Employment Agreements, and Tax Sharing Agreements shall be reasonably in form and substance satisfactory to the Administrative Agent.

Plans, Etc. On or prior to the Initial Borrowing Closing Date, there shall have been made available to for review by the Administrative Agent and the Documentation Agent true and correct copies of the following documents, in each case as same will be in effect on the Initial Borrowing Date after the consummation of the Transactionof: (i) all Plans (and for each Plan that is required to file an annual report on Internal Revenue Service Form 5500-series, a copy of the most recent such report (including, to the extent required, the related financial and actuarial statements and other supporting statements, certifications, schedules and information)any Plans, and for each Plan (x) that is a “singleSingle-employer plan,” as defined in Section 4001(a)(15) of ERISA, Employer plan the most recently prepared completed actuarial valuation thereforprepared therefor by such Plan's regular enrolled actuary and the Schedule B (Actuarial Information) to the most recent annual report (Form 5500 Series) for each Plan filed with the Internal Revenue Service and any other “employee benefit plans,” as defined (y) that is a Multiemployer Plan, each of the documents referred to in Section 3(3clause (x) of ERISA, and any other material agreements, plans or arrangements, with or for either in the benefit of current or former employees possession of the Borrower or any of its Subsidiaries or any ERISA Affiliate (provided that the foregoing shall apply in the case of any multiemployer plan, as defined in 4001(a)(3) of ERISA, only to the extent that any document described herein is in the possession of the Borrower or any Subsidiary of the Borrower or any ERISA Affiliate or reasonably available thereto from the sponsor or trustee trustees of any such plan);Plan: (ii) any collective bargaining agreements or any other similar agreement or arrangements covering the employment arrangements of the employees of the Borrower or any of its SubsidiariesSubsidiaries (collectively, the "Collective Bargaining Agreements"); (iii) all agreements evidencing or relating to the Existing Indebtedness (the "Existing Indebtedness Agreements"); (iv) all agreements entered into by the Borrower or any Subsidiary governing the terms and relative rights of its capital stock, agreements entered into by shareholders of the Borrower with and any respect to its capital stock or other equity interests(collectively, the "Shareholders' Agreements"); (ivv) any material agreement with respect to to, the management of the Borrower or any of its SubsidiariesSubsidiaries (collectively, the "Management Agreements"); (vvi) any material employment agreements entered into by the Borrower or any of its SubsidiariesSubsidiaries (collectively, the "Employment Agreements"); (vii) management contracts relating to assisted living communities or similar facilities managed by the Borrower or any of its Subsidiaries (collectively the "Management Contracts") to the extent in existence on the Closing Date; and (viviii) any tax sharing, tax allocation and other similar agreements entered into by the Borrower and/or any of its Subsidiaries with any entity not a Pledge Party(collectively, the "Tax Sharing Agreements"); with all of the foregoing to which Plans, Collective Bargaining Agreements, Existing Indebtedness Agreements, Shareholders' Agreements, Management Agreements, Employment Agreements, Management Contracts and Tax Sharing Agreements shall be reasonably in form and substance satisfactory to the Administrative Agent and the Documentation Agent.

Plans, Etc. On or prior to the Initial Borrowing Date, there There shall have been made available to the Administrative Agent true and correct copies of the following documents, in each case as same will be in effect on the Initial Borrowing Date after the consummation of the Transactionof: (i) all Plans (and for each Plan that is required to file an annual report on Internal Revenue Service Form 5500-series, a copy of the most recent such report (including, to the extent required, the related financial and actuarial statements and other supporting statements, certifications, schedules and information)any Plans, and for each Plan (x) that is a “"single-employer plan,” " (as defined in Section 4001(a)(15) of ERISA, ) the most recently prepared completed actuarial valuation thereforprepared therefor by such Plan's regular enrolled actuary and the Schedule B, "Actuarial Information" to the IRS Form 5500 (Annual Report) most recently filed with the Internal Revenue Service and any other “employee benefit plans,” (y) that is a "multiemployer plan" (as defined in Section 3(3) of ERISA, and any other material agreements, plans or arrangements, with or for the benefit of current or former employees of the Borrower or any of its Subsidiaries or any ERISA Affiliate (provided that the foregoing shall apply in the case of any multiemployer plan, as defined in 4001(a)(3) of ERISA), only each of the documents referred to the extent that any document described herein is in clause (x) either in the possession of the Borrower or any Subsidiary of the Borrower its Subsidiaries, or any ERISA Affiliate or reasonably available thereto from the sponsor or trustee trustees of any such plan)Plan; (ii) any collective bargaining agreements or any other similar agreement or arrangements covering the employment arrangements of the employees of the Borrower or any of its Subsidiaries; (iii) all agreements evidencing or relating to the Existing Debt; (iv) all agreements entered into by the Borrower or any Subsidiary of its Subsidiaries governing the terms and relative rights of its capital stock stock, and any agreements entered into by shareholders of the Borrower or other equity interestsany such Subsidiary with respect to their capital stock; (ivv) any material agreement with respect to to, the management of the Borrower or any of its Subsidiaries; (vvi) any material employment agreements entered into by the Borrower or any of its Subsidiaries; and (vivii) any all tax sharing, tax allocation and other similar agreements entered into by the Borrower and/or any of its Subsidiaries with any entity not the Borrower or a Pledge PartySubsidiary Guarantor; with all of the foregoing to be reasonably satisfactory to the Administrative Agent.