Schedule of Plans, etc. The Sellers have Previously Disclosed a true and complete list of each “employee benefit plan,” within the meaning of Section 3(3) of ERISA, and each material written bonus, incentive or deferred compensation, stock option or other equity-based award, retention, change in control, severance, employment or other employee or retiree compensation or benefit plan, program or arrangement that is maintained by any member of the Company Group or to which any member of the Company Group contributes or is obligated to contribute, whether written or unwritten (collectively, the “Company Plans”). The Sellers have made available to the Trident Investors true and complete copies of all written Company Plans, and written descriptions of all unwritten Company Plans, in which one or more current or former employees, workers, officers, consultants or directors of the Company Group is eligible to participate or entitled to benefits and, as applicable, all related trusts or other funding agreements, all amendments to such Company Plans, the most recent IRS Form 5500 filed in respect of any such Company Plan, the most recent summary plan description and summaries of material modifications of any such Company Plan and the most recent actuarial valuation prepared for any such Company Plan. Except as Previously Disclosed, each Company Plan intended to be qualified under Section 401(a) of the Code and the trust (if any) forming a part thereof, has received a favorable determination letter from the IRS as to its qualification under the Code and to the effect that each such trust is exempt from taxation under Section 501(a) of the Code (or, in the case of a “prototype plan,” the member of the Company Group maintaining such plan relies on a favorable advisory letter or opinion letter from the IRS), and nothing has occurred since the date of such determination letter (or favorable advisory letter or opinion letter) that would reasonably be expected to adversely affect such qualification or tax-exempt status.
Schedule of Plans, etc. Schedule ----- ---------------------- 2.2.10(a) sets forth a correct and complete list of each Fiserv Plan maintained by Fiserv and for which an IRS Form 5500 was required to be filed within the last twelve months (collectively, the "Fiserv Core Plans"). Fiserv has made available to BHC Parent correct and complete copies of all written Fiserv Core Plans, all related trusts or other funding agreements and the most recent IRS Form 5500 filed in respect of any such Fiserv Core Plan. Except as disclosed on Schedule 2.2.10(a), each Fiserv Plan intended to be qualified under section 401(a) of the Code has received a favorable determination letter from the IRS as to its qualification under the Code and, to the knowledge of Fiserv, (x) no amendment has been made to any such Fiserv Plan since the date of its most recent determination letter that would reasonably be expected to result in the disqualification of such Fiserv Plan and (y) no other event has occurred with respect to any such Fiserv Plan which would reasonably be expected to adversely affect the qualification of such Fiserv Plan.
Schedule of Plans, etc. Seller has Disclosed in Section 2.2.14(a) of the Seller Disclosure Schedule a true and complete list of each “employee benefit plan,” within the meaning of Section 3(3) of ERISA (whether or not subject to ERISA), and each written bonus, incentive or deferred compensation, stock option or other equity based award, retention, change in control, severance, employment or other employee or retiree compensation or benefit plan, program or arrangement (“Benefit Plan”) that is currently or has, in the past six years, been established, adopted or maintained or contributed to by Target Company or to which Target Company contributes or is obligated to contribute or with respect to which Target Company has or could have any liability (collectively, the “Target Plans”). Seller has Disclosed in Section 2.2.14(a) of the Seller Disclosure Schedule a correct and complete list of each Benefit Plan that currently exists or has, in the past six years, been established, sponsored, adopted or maintained or contributed to by Seller or any ERISA Affiliate of Seller (other than the Target Company) that are applicable to individuals who perform services for Target Company (“Seller Plans”) (Seller Plans and Target Plans collectively referred to herein as “Target Group Plans”). Seller has made available to Buyer true and complete copies of all Target Group Plans in which one or more current or former employees of Target Company is eligible to participate or entitled to benefits and, as applicable, all related trusts or other funding agreements, all amendments to such Target Group Plans, the most recent IRS Form 5500 filed in respect of any such Target Group Plan, the most recent summary plan description and summaries of material modifications of any such Target Group Plan and the most recent actuarial valuation prepared for any such Target Group Plan. Except as Disclosed in Section 2.2.14(a) of the Seller Disclosure Schedule, each Target Group Plan intended to be qualified under Section 401(a) of the Code has either (i) received a favorable determination letter from the IRS as to its qualification under the Code covering all Tax law changes prior to the Economic Growth and Tax Relief Reconciliation Act of 2001 or (ii) been submitted to the IRS for such determination letter within the applicable remedial amendment period under Section 401(b) of the Code and such determination letter application is still pending. No amendment has been made to any such Target Group Plan since the date o...
