Employer Plans. Executive shall be entitled to participate in such employee benefit and welfare plans and programs as Employer may from time to time generally offer or provide to executive officers of Employer or its Subsidiaries, including, but not limited to, participation in life insurance, health and accident, medical plans and programs and profit sharing and retirement plans.
Employer Plans. Executive will be eligible to participate on the same basis as similarly situated employees in Employer’s employee benefit plans and programs, as they may be interpreted, adopted, revised or deleted from time to time in Employer’s sole discretion, subject to and on a basis consistent with the terms, conditions and overall administration of such plans and programs. All matters of eligibility for coverage or benefits under any benefit plan shall be determined in accordance with the provisions of such plan. Employer retains the unilateral right to amend, modify or terminate any of its employee benefit plans and programs at any time.
Employer Plans. 3 Encumbrance............................................................ 3
Employer Plans. Except as set forth in Schedule 3(r) to the Disclosure Schedules or except as would not, individually or in the aggregate, result in a Material Adverse Effect:
Employer Plans. Executive will be eligible to participate in all Employer’s employee benefit plans and programs made available to Employer’s senior level executives as a group or to its employees generally, as such plans and programs may be in effect from time to time and subject to the eligibility requirements. Nothing in this Employment Agreement shall prevent Employer from amending or terminating any employee benefit plan or program from time to time as Employer deems appropriate. Employer shall pay 100% of the medical, vision and dental coverage premiums (including employee contributions, if any) for Executive. In the event that paying for the entire cost of Executive’s participation in such plans would cause Employer to have a discrimination issue with respect to such plans, then Employer shall increase Base Salary by the portion of the cost of such plans that Executive must pay for the applicable coverage, with any portion that cannot be paid with pre-tax money to be grossed-up for all applicable taxes which amount shall be paid in accordance with the regular payroll practices of the Employer.
Employer Plans. Executive will be entitled to participate in such employee benefit plans and programs as Employer may from time to time offer or provide to employees of Employer, including, but not limited to, participation in the flexible PTO plan, life insurance, health and accident and medical plans and programs. Executive's participation in and benefits under any such plan shall be on the terms and subject to the conditions specified in the governing document of the particular plan, except that to the extent that Employer is able to do so, Employer will permit Executive’s participation in each such plan immediately upon the commencement of his employment hereunder without any waiting period.
Employer Plans. Executive will be entitled to participate in such employee benefit plans and programs as Employer may from time to time offer or provide to employees of Employer. Currently Employer pays for health and dental coverage for its employees. Executive’s participation in and benefits under any such plan shall be on the terms and subject to the conditions specified in the governing document of the particular plan, except that to the extent that Employer is able to do so, Employer will permit Executive’s participation in each such plan immediately upon the commencement of his employment hereunder without any waiting period.
Employer Plans. No Employee Benefit Plan is a Multi-Employer Plan and neither the Company nor any ERISA Affiliate has in the past contributed to any Multi- Employer Plan. Foreign Plans. Neither Company nor any Subsidiary does now, and has ever, maintained an Employee Benefit Plan subject to the Laws of any jurisdiction outside of the United States. Section 409A. Each plan, program, arrangement or agreement that constitutes in any part a nonqualified deferred compensation plan within the meaning of Section 409A of the Code is identified as such on Schedule 2.25(j) of the Company Disclosure Schedule. Since December 31, 2004 and through December 31, 2008, each plan, program, arrangement or agreement identified or required to be identified on Schedule 2.25(j) of the Company Disclosure Schedule has been operated in accordance with a good faith, reasonable interpretation of Section 409A of the Code and its purpose. From and after January 1, 2009, each plan, program, arrangement or agreement identified or required to be identified on Schedule 2.25(j) of the Company Disclosure Schedule has been operated and maintained in accordance with Section 409A of the Code and applicable guidance thereunder, including but not limited the final regulations promulgated. Neither the Company nor any Subsidiary has any obligation to indemnify, “gross up”, reimburse or otherwise compensate any Person with respect to Taxes, including under Section 409A of the Code. Withholdings. The Company and its Subsidiaries have duly and timely withheld from Employee salaries, wages and other compensation and other amounts subject to withholding under any applicable Tax Laws and paid over to the appropriate Governmental Entity all amounts required to be so withheld and paid over for all periods under all applicable Laws and regulations. 2.26.
Employer Plans. 5.16 ESPP...................................................... 3.05
Employer Plans. Executive shall be entitled to participate in such executive benefit plans and programs as MFN may from time to time offer or provide to similarly situated executives of MFN, including, but not limited to, participation in life insurance, health and accident, medical and dental, disability and retirement plans and programs.
