Common use of Benefit Plans and Arrangements Clause in Contracts

Benefit Plans and Arrangements. (a) Schedule 3.21 hereto lists all employee benefit plans (within the meaning of section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA")), and all other funds, policies, arrangements, practices, customs and understandings or programs relating to one or more employees of the Company or a Benefits Affiliate (as defined in this Section 3.21), whether or not they are or are intended to be (i) covered or qualified under the Code, ERISA or any other applicable law, (ii) written or oral, (iii) funded or unfunded or (iv) generally available to any or all employees (or former employees) of the Company or one or more of its Benefits Affiliates (or their beneficiaries or dependents), which were or are established, contributed to or maintained by the Company or one or more of its Benefits Affiliates, including without limitation welfare, fringe benefit, pension, profit sharing, retirement, stock purchase, stock option, phantom stock, stock bonus, disability or wage continuation, sick pay or vacation pay, supplemental unemployment, severance or deferred compensation plans (the "Plans"). For purposes of this Section 3.21 only, the term "Benefits Affiliate" shall include (i) any corporation which is a member of a controlled group of corporations (as defined in section 414(b) of the Code) which includes the Company, (ii) any trade or business (whether or not incorporated) which is under common control (as defined in section 414(c) of the Code) with the Company, (iii) any organization (whether or not incorporated) which is a member of an affiliated service group (as defined in section 414(m) of the Code) which includes the Company and (iv) any other entity required to be aggregated with the Company pursuant to the regulations issued under section 414(o) of the Code.

Benefit Plans and Arrangements. (a) Schedule 3.21 4.18 hereto lists all employee benefit plans (within the meaning of section 3(3) of the federal Employee Retirement Income Security Act of 1974, as amended ("“ERISA"”)), and all other funds, policies, arrangements, practices, customs and understandings or programs relating to one or more employees of the a Company or Subsidiary or a Benefits Affiliate (as defined in this Section 3.214.18), whether or not they are or are intended to be (i) covered or qualified under the Code, ERISA or any other applicable law, (ii) written or oral, (iii) funded or unfunded or (iv) generally available to any or all employees (or former employees) of the a Company or Subsidiary and/or one or more of its Benefits Affiliates (or and/or their beneficiaries or dependents), which were or are established, contributed to or maintained by the a Company or Subsidiary and/or one or more of its Benefits Affiliates, including without limitation welfare, fringe benefit, pension, profit sharing, retirement, stock purchase, stock option, phantom stock, stock bonus, disability or wage continuation, sick pay or vacation pay, supplemental unemployment, severance or deferred compensation plans (the "“Plans"”). For purposes of this Section 3.21 4.18 only, the term "“Benefits Affiliate" ” shall include (i) any corporation which is a member of a controlled group of corporations (as defined in section 414(b) of the Code) which includes the Companya Company or Subsidiary, (ii) any trade or business (whether or not incorporated) which is under common control (as defined in section 414(c) of the Code) with the Companya Company or Subsidiary, (iii) any organization (whether or not incorporated) which is a member of an affiliated service group (as defined in section 414(m) of the Code) which includes the a Company or Subsidiary and (iv) any other entity required to be aggregated with the a Company or Subsidiary pursuant to the regulations issued under section 414(o) of the Code.

Benefit Plans and Arrangements. (a) Schedule 3.21 4.18(a) hereto lists all employee benefit plans (within the meaning of section 3(3) of the Employee Employees Retirement Income Security Act of 1974, as amended ("“ERISA"”)), and all other funds, policies, arrangements, practices, customs and understandings policies or programs arrangements relating to one or more employees of the Company or a Benefits Affiliate (as defined in this Section 3.214.18), whether or not they are or are intended to be (i) covered or qualified under the Code, ERISA or any other applicable law, (ii) written or oral, (iii) funded or unfunded or (iviii) generally available to any or all employees (or former employees) of the Company or and/or one or more of its Benefits Affiliates (or and/or their beneficiaries or dependents), which were or are established, contributed to or maintained by the Company or and/or one or more of its Benefits Affiliates, including without limitation welfare, fringe benefit, pension, profit sharing, retirement, stock purchase, stock option, phantom stock, stock bonus, disability or wage continuation, sick pay or vacation pay, supplemental unemployment, severance or deferred compensation plans (the "“Plans"”). For purposes of this Section 3.21 4.18 only, the term "“Benefits Affiliate" ” shall include (i) any corporation which is a member of a controlled group of corporations (as defined in section 414(b) of the Code) which includes the Company, (ii) any trade or business (whether or not incorporated) which is under common control (as defined in section 414(c) of the Code) with the Company, (iii) any organization (whether or not incorporated) which is a member of an affiliated service group (as defined in section 414(m) of the Code) which includes the Company and (iv) any other entity required to be aggregated with the Company pursuant to the regulations issued under section 414(o) of the Code.

Benefit Plans and Arrangements. (a) Schedule 3.21 5.18 hereto lists all employee benefit plans (within the meaning of section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA")), and all other funds, policies, arrangements, practices, customs and understandings or programs relating to one or more employees of the Company or a Benefits Affiliate (as defined in this Section 3.215.18), whether or not they are or are intended to be (i) covered or qualified under the Code, ERISA or any other applicable law, (ii) written or oral, (iii) funded or unfunded or (iv) generally available to any or all employees (or former employees) of the Company or and/or one or more of its Benefits Affiliates (or and/or their beneficiaries or dependents), which were or are established, contributed to or maintained by the Company or and/or one or more of its Benefits Affiliates, including without limitation welfare, fringe benefit, pension, profit sharing, retirement, stock purchase, stock option, phantom stock, stock bonus, disability or wage continuation, sick pay or vacation pay, supplemental unemployment, severance or deferred compensation plans (the "Plans"). For purposes of this Section 3.21 5.18 only, the term "Benefits Affiliate" shall include (i) any corporation which is a member of a controlled group of corporations (as defined in section 414(b) of the Code) which includes the CompanyCompany or its Subsidiary, (ii) any trade or business (whether or not incorporated) which is under common control (as defined in section 414(c) of the Code) with the CompanyCompany or its Subsidiary, (iii) any organization (whether or not incorporated) which is a member of an affiliated service group (as defined in section 414(m) of the Code) which includes the Company or its Subsidiary and (iv) any other entity required to be aggregated with the Company or its Subsidiary pursuant to the regulations issued under section 414(o) of the Code.