Affiliate Plan is defined in Section 2.11(a).
Affiliate Plan means any other such plan, program or arrangement with respect to which the Company or any subsidiary of the Company has or would reasonably be expected to have any liability, either as a member of a controlled group of corporations or trades or businesses, as defined under Section 414 of the Code and comparable provisions of ERISA, or by contractual arrangement. Section 2.11(a) of the Company Disclosure Schedule lists each Company Employee Plan and each Affiliate Plan. With respect to each plan included on the Company Disclosure Schedule, the Company shall indicate whether such plan includes a change of control provision. With respect to each Company Employee Plan or Affiliate Plan listed in Section 2.11(a) of the Company Disclosure Schedule, the Company has made available to Acquiror, to the extent applicable: (i) each such written Company Employee Plan and any related trust agreement, insurance and other contract (including a policy), if any, the most recently prepared summary plan description, if any, summary of material modifications the substance of which is not already incorporated in the corresponding summary plan description or Company Employee Plan document, if any, and written communications distributed to plan participants that would reasonably be expected to materially modify the terms of any Company Employee Plan, whether through information actually conveyed in the communication or a failure to convey information; (ii) the three most recent annual reports on Form 5500 series, with accompanying schedules and attachments, filed with respect to each Company Employee Plan, required to make such a filing; (iii) the most recent actuarial valuation, if any, for each Company Employee Plan and Affiliate Plan subject to Title IV of ERISA, to the extent applicable; (iv) the latest reports, if any, which have been filed with the Department of Labor ("DOL") to satisfy the alternative method of compliance for pension plans for certain selected employees pursuant to DOL regulation Section 2520.104-23; and (v) the most recent favorable determination letters issued for each Company Employee Plan and related trust which is intended to be qualified under Section 401(a) of the Code (and, if an application for such determination is pending, a copy of the application for such determination).
Affiliate Plan is defined in Section 5.16(a).
Examples of Affiliate Plan in a sentence
Except as could not reasonably be expected to result in a Material Adverse Effect, none of the Credit Parties shall have any liability to any ERISA Affiliate Plan.
Except as could not reasonably be expected to result in a Material Adverse Effect, no Borrower nor the Guarantor has any liability to an ERISA Affiliate Plan.
No ERISA Affiliate has incurred any accumulated funding deficiency within the meaning of Section 412 of the Code with respect to any ERISA Affiliate Plan, except as could not reasonably be expected to have a Material Adverse Change.
Any special tax status or tax benefits for plan participants enjoyed or offered by a Company Benefit Plan or ERISA Affiliate Plan is noted on such schedule.
Upon the merger of an Affiliate Plan into this Plan, any participant in the Affiliate Plan who is not already a Participant in this Plan shall have an Account established in his name under this Plan and he shall be considered a Participant for purposes of that Account.
More Definitions of Affiliate Plan
Affiliate Plan means each “employee benefit plan,” (as defined in Section 3(3) of ERISA) as well as every other bonus, incentive, profit sharing, deferred compensation, pension, retirement, excess benefit, supplemental retirement, change-in-control, employment contract, stock purchase, stock ownership, stock option, stock appreciation, supplemental unemployment, medical, dental, vision, disability, life insurance, death benefit, disability, cafeteria, vacation, sick-day, severance and other material employee benefit or fringe benefit plan, program or arrangement, whether or not covered by ERISA, that is or has been at any time within the last six (6) years sponsored, administered, maintained or established by any ERISA Affiliate, or to which any ERISA Affiliate contributes or is or has been within the last six (6) years obligated or required to contribute and that provides benefits or compensation in respect of any Employee or any employee or former employee of any ERISA Affiliate or the beneficiaries or the dependents thereof or under which any of the foregoing is or may become eligible to participate or derive a benefit.
Affiliate Plan means each Employee Plan and Benefit Arrangement which is sponsored solely by Access Graphics or its respective Subsidiaries and which covers Transferred Employees.
Affiliate Plan means any plan, program, agreement, arrangement or policy, in each case, for the benefit of any Employee, consultant or director of the Company or any of their respective beneficiaries or dependents, that is maintained, sponsored or contributed to by any of the Company’s Affiliates, or under which any of the Company’s Affiliates has any obligation or Liability, whether actual or contingent, direct or indirect, and that would be an Employee Plan if it were maintained, sponsored or contributed to by the Company, or if the Company were to have any obligation or Liability, whether actual or contingent, direct or indirect, with respect thereto.
Affiliate Plan has the meaning set forth in Section 4(r)(ii) below.
Affiliate Plan shall have the meaning specified in Subsection 3.11.1 -------------- hereof.
Affiliate Plan means any other such plan, program or arrangement with respect to which the Company or any subsidiary of the Company has or could reasonably be expected to have any liability, either as a member of a controlled group of corporations or trades or businesses as defined under section 414 of the Code and comparable provisions of ERISA, or by contractual arrangement. Section 2.11(a) of the Company Disclosure Schedule lists each Company Employee Plan and each Affiliate Plan. With respect to each plan included on the Company Disclosure Schedule the Company shall indicate (i) whether such plan includes a change of control provision, including, without limitation, provisions referring to a "Forced Takeover," to the extent such provision may be relevant to the Merger, (ii) with respect to employee benefit welfare plans, whether such plan is fully insured or has a stop-loss insurance contract and (iii) whether any employees have entered into an agreement or a provision of an agreement prohibiting or restricting such employee from accepting employment or otherwise engaging in activity that is in competition with the business of the Company or its subsidiaries (other than with respect to the use of confidential information or trade secrets) after the termination of such individual's employment with the Company. With respect to each Company Employee Plan listed in Section 2.11(a) of the Company Disclosure Schedule the Company has provided or made available to Parent (or in the case of any non-U.S. Company Employee Plan, will provide or make available as soon as practicable, but in no event later than thirty (30) days after the date hereof) copies of (i) each such written Company Employee Plan (or a written description in English of any Company Employee Plan which is not written and, with respect to Company Employee Plans covering 50 or more participants, a written description in English of any such plan that is written in a language other than English) and any related trust agreement, insurance and other contract (including a policy), the most recently prepared summary plan description, summary of material modifications the substance of which is not already incorporated in the corresponding summary plan description, and communications distributed to plan participants that could reasonably be expected to materially modify the terms of any Company Employee Plan, whether through information actually conveyed in the communication or a failure to convey information, (ii) the...
Affiliate Plan means a defined contribution plan (other than this Plan) that is maintained by any member of the Group and that is intended to be qualified under Section 401(a) of the Code.