Benefit Plan Documents Sample Clauses

Benefit Plan Documents. The Employer provides the following benefits to all Regular Nurses who are eligible in accordance with the terms of this Agreement. The various plans are summarized herein. Eligibility and coverage available for Relief Nurses are summarized in Section 14 of this Agreement. CRONA understands and agrees that the descriptions below do not purport to recite completely the coverage or eligibility requirements for the plans, the details of which are subject to periodic review and modification by the Employer.

Benefit Plan Documents. Seller has made available to Purchaser the following documents, as they may have been amended to the date hereof, embodying or relating to each Benefit Plan listed in Schedule 5.19 hereto: (i) all written plan documents for each such Benefit Plan, including all amendments to each such Benefit Plan, any related trust agreements, group annuity contracts, insurance policies or other funding agreements or arrangements; (ii) the most recent determination letter received from the Internal Revenue Service, if any, as to the qualified status of any such Benefit Plan under Section 401(a) of the Code; (iii) the current summary plan description, if any, for each such Benefit Plan; and (iv) the most recent annual return/report on form 5500, 5500-C or 5500-R, if any, for each such Benefit Plan.

Benefit Plan Documents. Section 4.12.1 of the Total Disclosure Schedule sets forth a true and complete list of each Total Benefit Plan. With respect to each of the Total Benefit Plans, Total has made available to Harris true and complete copies of each of the following documents: (▇) the Total Benefit Plan and related documents (including all amendments thereto), (ii) the most recent annual reports and financial statements, if any, (iii) the most recent summary plan description, together with each summary of material modifications, required under ERISA, if any, and (iv) the most recent determination letter received from the IRS with respect to each Total Benefit Plan that is intended to be qualified under Section 401(a) of the Code.

Benefit Plan Documents. With respect to each Employee Plan, the Sellers have made available to Buyer, as applicable, true, correct, and complete copies of, as applicable, (i) all plan documents, including all amendments thereto, (ii) all summary plan descriptions description (and any summaries of modifications with respect thereto), (iii) the most recent annual report (including any reports on Form 5500, with schedules and attachments) filed with the IRS, and (iv) the most recent determination, opinion, or other qualification letter from the IRS with respect to any Employee Plan intended to be qualified under Section 401(a) of the Code; (v) the most recent actuarial reports; (vi) nondiscrimination testing for the most recently completed three plan years; (vii) copies of any notices to or from the IRS or any office or representative of the U.S. Department of Labor or any other Governmental Authority dated within the past three years (or such longer period if the matter contained in such notice is currently unresolved) relating to any compliance issues; (viii) all current trust agreements, insurance contracts and administrative services agreements relating to the funding or payment of benefits; and (ix) all Forms 1094-C and 1095-C filed by any Employee Plan that is subject to Section 4980H of the Code since 2020.

Benefit Plan Documents. With respect to each “employee benefit plan” as defined in Section 3(3) of ERISA (whether or not subject to ERISA), and any other plan, policy, program, practice, agreement, understanding or arrangement (whether written or oral) providing compensation or other benefits to any current or former director, officer, employee or consultant (or to any dependent or beneficiary thereof) of the Company or any ERISA Affiliate (as defined below), which are now, or were within the past four years, maintained, sponsored, contributed to or required to be contributed to by the Company or any ERISA Affiliate, and under which the Company or any ERISA Affiliate may have any obligation or liability, whether actual or contingent, including, without limitation, all incentive, bonus, retention, employment, severance, deferred compensation, vacation, holiday, cafeteria, medical, disability, stock purchase, stock option, stock appreciation, phantom stock, restricted stock or other stock-based compensation plans, policies, programs, practices, agreements or arrangements (each a “Company Benefit Plan”), the Company has made available to Parent complete copies of (i) each Company Benefit Plan (or, if not written a written summary of its material terms), including all plan documents, trust agreements, insurance contracts or other funding vehicles and all amendments thereto, (ii) the most recent summaries and summary plan descriptions, including any summary of material modifications, (iii) annual reports (Form 5500 series) for the last three years filed with the IRS with respect to such Company Benefit Plan (and, if the most recent annual report is a Form 5500R, the most recent Form 5500C filed with respect to such Company Benefit Plan), (iv) the most recent actuarial report or other financial statement relating to such Company Benefit Plan, (v) the most recent determination or opinion letter, if any, issued by the IRS with respect to any Company Benefit Plan and any pending request for such a determination letter, (vi) nondiscrimination tests performed under the Code (including 401(k) and 401(m) tests) for each Company Benefit Plan for the last three years and (vii) all non-routine filings made with any Governmental Entity with respect to any Company Benefit Plan, including all filings under the Voluntary Compliance Resolution or Closing Agreement Program or the Department of Labor Delinquent Filer Program or any similar program.

Benefit Plan Documents. Section 4.16(c) of the Company Disclosure Schedule contains a true and complete list of each of the Benefit Plans. The Company has provided or made available to Parent a current, accurate and complete copy of all Benefit Plans. With respect to each Benefit Plan, the Company has made available to Parent a current, accurate and complete copy of, to the extent applicable: (i) any related trust agreement or other funding instrument; (ii) the most recent determination or opinion letter, if applicable; (iii) the most recent summary plan description and summaries of material modifications; (iv) the three most recent Forms 5500 and attached schedules; (v) actuarial valuation reports and audited financial statements for the past three years preceding the Original Agreement Date; and (vi) any material and non-routine correspondence to or from a Governmental Authority with respect to any Benefit Plan. The Company has provided or made available to Parent a true and complete list of all employees of the Company and its Subsidiaries and for each such employee the position, base compensation payable, bonus opportunity, date of hire, location, employment status and job classification (exempt or non-exempt).

Benefit Plan Documents. With respect to each Business Benefit Plan, Seller has heretofore made available to Purchaser true and complete copies of: (i) the documents constituting, governing and/or relating to the Business Benefit Plans or, in the case of an unwritten Business Benefit Plan, a written description thereof, (ii) the most recent determination letters from the IRS, (iii) all summary plan descriptions, summaries of material modifications, annual reports, and summary annual reports, (iv) all trust agreements, insurance contracts, and other documents relating to the funding or payment of benefits under any Business Benefit Plan, (v) all material correspondence relating to the Alcan Corporation ▇▇▇▇▇▇ Hourly Pension Plan (the “Assumed Plan”) between Seller, its ERISA Affiliates or their representatives and any government agency and (vi) any other documents, forms or other instruments relating to any Business Benefit Plan reasonably requested by Purchaser. With respect to the Assumed Plan and the post-retirement health and welfare benefit obligations under the Union Agreement, Seller has provided to Purchaser the true and complete data necessary to calculate the benefit liabilities and to determine the fair market value of assets, if any, held for such benefit. Except as otherwise set forth in Schedule 4.10(b), no such Business Benefit Plan has been modified or terminated since the time it was made available to Purchaser, nor has there been any entry into or plan or commitment, whether formal or informal and whether or not legally binding, to create (or undertake an obligation to contribute to) any additional Business Benefit Plan, agreement or other arrangement, or to modify or terminate any such Business Benefit Plans.

Benefit Plan Documents. 36 5.12.2 No Change in Harris Benefit Plans......................36 5.12.3 Tit▇▇ ▇▇ of ERISA......................................36 5.12.4

Benefit Plan Documents. The Purchaser shall have received true, correct and complete copies of each of the documents described in Section 3.18(b).