Welfare Claims Sample Clauses

Welfare Claims. The Seller shall assume and be responsible for (i) claims for workers compensation or for the type of benefits described in Section 3(1) of ERISA (whether or not covered by ERISA) that are incurred prior to the Closing Date by Transferred Employees, and (ii) claims relating to “COBRA” coverage attributable to “qualifying events” occurring prior to the Closing Date with respect to any Transferred Employees and their beneficiaries and dependents. The Buyer shall be responsible for, (i) disability benefits and workers compensation benefits for Transferred Employees for claims incurred on or after the Closing Date, and (ii) claims relating to COBRA coverage attributable to “qualifying events” occurring on or after the Closing Date with respect to Transferred Employees and their beneficiaries and dependents. For purposes of the foregoing, a medical/dental claim shall be considered incurred when the medical services are rendered or medical supplies are provided, and not when the condition arose; provided that claims relating to a hospital confinement that commences on or prior to the Closing Date but continues thereafter shall be treated as incurred on or prior to the Closing Date. A disability or workers compensation claim shall be considered incurred on or prior to the Closing Date if the injury or condition giving rise to the claim occurs on or prior to the Closing Date.

Welfare Claims. Seller shall retain responsibility for and -------------- continue to pay all medical, life insurance, disability and other welfare Seller Plan expenses and benefits for each Transferred Employee with respect to claims incurred by such employees or their covered dependents on or prior to such Transferred Employee's Effective Date of Transfer. Expenses and benefits with respect to claims incurred by Transferred Employees or their covered dependents after the Effective Date of Transfer shall be the responsibility of Purchaser. For purposes of this Section 7.8(d), a claim is deemed incurred when the services that are the subject of the claim are performed; in the case of life insurance, when the death occurs, in the case of long-term disability benefits, when the person first becomes eligible for long-term disability benefits and, in the case of a hospital stay, when the employee first enters the hospital.

Welfare Claims. Without limiting the scope of Section 3.2.3(c), Seller shall assume and be responsible for (i) claims for workers compensation or for the type of benefits described in Section 3(1) of ERISA (whether or not covered by ERISA) that are incurred on or prior to the Closing Date by employees of the BHC Group, and (ii) claims relating to “COBRA” coverage attributable to “qualifying events” occurring on or prior to the Closing Date with respect to any employee of the BHC Group and their beneficiaries and dependents. Buyer shall be responsible for (i) disability benefits and workers compensation benefits for BHC Employees for claims incurred after the Closing Date, and (ii) claims relating to COBRA coverage attributable to “qualifying events” occurring after the Closing Date with respect to BHC Employees and their beneficiaries and dependents. For purposes of the foregoing, a medical/dental claim shall be considered incurred when the medical services are rendered or medical supplies are provided, and not when the condition arose; provided, that claims relating to a hospital confinement that commences on or prior to the Closing Date but continues thereafter shall be treated as incurred on or prior to the Closing Date. A disability or workers compensation claim shall be considered incurred on or prior to the Closing Date if the injury or condition giving rise to the claim occurs on or prior to the Closing Date.

Welfare Claims. With respect to each Transferred Employee (including any beneficiary or the dependent thereof), the Seller or the applicable Affiliate thereof shall retain all liabilities and obligations for any medical, dental, health, accident or disability claim to the extent that such liability or obligation relates to claims incurred (whether or not reported or paid) prior to the Closing Date, and the Buyer and its Affiliates shall be liable for any such claim incurred on or following the Closing Date. For purposes of this Section 10.1(l), a claim shall be deemed to be incurred (i) with respect to medical, dental and health-related benefits, when the medical, dental or health-related services, materials or supplies are provided; (ii) with respect to life, accident and workers’ compensation insurance benefits, on the event giving rise to such benefits; and (iii) with respect to disability benefits, including the current and future salary replacement benefit and the continuation of other applicable benefits during the length of disability, on the eligibility date determined by the policy or plan in which the applicable Transferred Employee participates.

Welfare Claims. Without limiting the scope of Section 9.2, Seller shall retain or assume liability for claims for workers compensation or for the type of benefits described in Section 3(1) of ERISA (whether or not covered by ERISA) that are incurred on or prior to the Closing Date by Affected Employees. For purposes of the foregoing, a medical/dental claim shall be considered incurred when the medical services are rendered or medical supplies are provided, and not when the condition arose; provided that claims relating to a hospital confinement that commences on or prior to the Closing Date but continues thereafter shall be treated as incurred on or prior to the Closing Date. A disability or workers compensation claim shall be considered incurred on or prior to the Closing Date if the injury or condition giving rise to the claim occurs on or prior to the Closing Date, even if the application for benefits with respect thereto is filed after the Closing Date.