RPP. Each RPP Entity has filed with, or furnished to, the SEC, as the case may be, each form, registration statement, report, schedule, proxy or information statement and other document (including exhibits and amendments thereto) required to be filed or furnished by it to the SEC since January 1, 2004 under the Securities Act or the Exchange Act, as applicable, or pursuant to contractual obligations (collectively, the “RPP SEC Reports”). As of the respective dates that the RPP SEC Reports were filed, or furnished, as the case may be, and except as otherwise disclosed in any subsequent RPP SEC Report that has been filed prior to the date hereof, each RPP SEC Report, including any financial statements or schedules included therein, (a) complied in all material respects with all applicable requirements of the Securities Act and the Exchange Act and (b) did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not materially misleading. No event has occurred between the date of the most recent RPP SEC Report (the “Latest RPP SEC Report”) and the date hereof that would require the filing of a Current Report on Form 8-K by any RPP Entity.
RPP. Each of the audited consolidated financial statements and unaudited consolidated interim financial statements of each of the RPP Entities (including any related notes and schedules) included (or incorporated by reference) in their Annual Reports on Form 10-K for each of the two fiscal years ended December 31, 2003 and 2004 (with respect to 2004 only, the “Latest RPP Financial Statements”), and any subsequent RPP SEC Report has been prepared from, and is in accordance with, the books and records of each RPP Entity, complies in all material respects with applicable accounting requirements and with the SEC’s published rules and regulations, has been prepared in accordance with GAAP (except in the case of unaudited statements, as permitted under Form 10-Q under the Exchange Act) applied on a consistent basis (except as may be indicated in the notes thereto) and fairly presents in all material respects in conformity with GAAP applied on a consistent basis (except as may be indicated in the notes thereto or in any subsequent RPP SEC Report that is filed prior to the date hereof), the consolidated financial position of the RPP Entities, as of the date thereof and the consolidated results of operations and cash flows (and changes in financial position, if any) of the RPP Entities, for the periods presented therein (subject to normal year-end adjustments and the absence of financial footnotes in the case of any unaudited interim financial statements).
RPP. No RPP Entity has any material Liability, except (i) those expressly reflected or reserved against on the balance sheet contained in the Latest RPP Financial Statements (the “Latest RPP Balance Sheet”) and (ii) Liabilities incurred in the ordinary course of business consistent with past practice since the date of the Latest RPP Balance Sheet. There are no loss contingencies (as such term is used in Statement of Financial Accounting Standards No. 5 issued by the Financial Accounting Standards Board in March 1975) of or affecting any RPP Entity that are not adequately provided for or disclosed on the Latest RPP Balance Sheet or in the notes thereto (if any).
RPP. 32.01 The Employer will contribute to an employee’s Registered Retirement Pension (RPP) as follows: All employees must contribute four-and-a-half percent (4.5%) of their earnings to the RPP. The Employer will match an employee’s contributions up to six percent (6%) maximum, depending upon the employee’s years of service as follows:
