Common use of Benefit Plans; ERISA Clause in Contracts

Benefit Plans; ERISA. (a) SECTION 2.15(a) OF THE DISCLOSURE SCHEDULE (i) contains a true and complete list and description of each of the Benefit Plans, (ii) identifies each of the Benefit Plans that is a Qualified Plan, (iii) identifies each Benefit Plan which at any time during the five-year period preceding the date of this Agreement was a Defined Benefit Plan and (iv) lists, describes and identifies each other Plan maintained, established, sponsored or contributed to by an ERISA Affiliate, or any predecessor thereof, which, during the five-year period preceding the date of this Agreement, was at any time a Defined Benefit Plan. Neither the Company nor any Subsidiary has scheduled or agreed upon future increases of benefit levels (or creations of new benefits) with respect to any Benefit Plan, and no such increases or creation of benefits have been proposed, made the subject of representations to employees or requested or demanded by employees under circumstances which make it reasonable to expect that such increases will be granted. Except as disclosed in SECTION 2.15(a) OF THE DISCLOSURE SCHEDULE, no loan is outstanding between the Company or any Subsidiary and any Benefit Plan.

Benefit Plans; ERISA. (a) SECTION 2.15(aSection 2.14(a) OF THE DISCLOSURE SCHEDULE of the Disclosure Schedule (i) contains a true and complete list and description of each of the Benefit Plans, (ii) identifies each of the Benefit Plans that is a Qualified Plan, (iii) identifies each Benefit Plan which at any time during the five-year period preceding the date of this Agreement was a Defined Benefit Plan and (iv) lists, describes and identifies each other Plan maintained, established, sponsored or contributed to by an ERISA Affiliate, or any predecessor thereof, which, during the five-year period preceding the date of this Agreement, was at any time a Defined Benefit Plan. Neither the Company nor any Subsidiary has scheduled or agreed upon future increases of benefit levels (or creations of new benefits) with respect to any Benefit Plan, and no such increases or creation of benefits have been proposed, made the subject of representations to employees or requested or demanded by employees under circumstances which make it reasonable to expect that such increases will be granted. Except as disclosed in SECTION 2.15(aSection 2.14(a) OF THE DISCLOSURE SCHEDULEof the Disclosure Schedule, no loan is outstanding between the either Company or any Subsidiary and any Benefit Planemployee.

Benefit Plans; ERISA. (a) SECTION Section 2.15(a) OF THE DISCLOSURE SCHEDULE of the Disclosure Schedule (i) contains a true and complete list and description of each of the Benefit Plans, (ii) identifies each of the Benefit Plans that is a Qualified Plan, (iii) identifies each Benefit Plan which at any time during the five-year period preceding the date of this Agreement was at any time a Defined Benefit Plan and (iv) lists, describes and identifies each other Plan maintained, established, sponsored or contributed to by an ERISA Affiliate, or any predecessor thereof, which, during the five-year period preceding the date of this Agreement, was at any time a Defined Benefit Plan. Neither the Company nor any Subsidiary Xxxxx has not scheduled or agreed upon future increases of benefit levels (or creations of new benefits) with respect to any Benefit Plan, and no such increases or creation of benefits have been proposed, made the subject of representations to employees or requested or demanded by employees under circumstances which make it reasonable to expect that such increases will be granted. Except as disclosed in SECTION Section 2.15(a) OF THE DISCLOSURE SCHEDULEof the Disclosure Schedule, no loan is outstanding between the Company or any Subsidiary Xxxxx and any Benefit Planemployee.

Benefit Plans; ERISA. (a) SECTION 2.15(aSection 3.12(a) OF THE DISCLOSURE SCHEDULE of the Disclosure Schedule (i) contains a true and complete list and description of each of the Benefit Plans, (ii) identifies each of the Benefit Plans that is a Qualified Plan, (iii) identifies each Benefit Plan which at any time during the five-year period preceding the date of this Agreement was a Defined Benefit Plan and (iv) lists, describes and identifies each other Plan maintained, established, sponsored or contributed to by an ERISA Affiliate, or any predecessor thereof, which, during the five-year period preceding the date of this Agreement, was at any time a Defined Benefit Plan. Neither the Company nor any Subsidiary Seller has not scheduled or agreed upon future increases of benefit levels (or creations of new benefits) with respect to any Benefit Plan, and no such increases or creation of benefits have been proposed, made the subject of representations to employees Employees or requested or demanded by employees Employees under circumstances which make it reasonable to expect that such increases will be granted. Except as disclosed in SECTION 2.15(aSection 3.12(a) OF THE DISCLOSURE SCHEDULEof the Disclosure Schedule, no loan is outstanding between the Company or any Subsidiary Seller and any Benefit PlanEmployee.

Benefit Plans; ERISA. (a) SECTION 2.15(aSection 3.12(a) OF THE DISCLOSURE SCHEDULE of the Disclosure Schedule (i) contains a true and complete list and description of each of the Benefit PlansPlan, (ii) identifies each of the Benefit Plans that is a Qualified Plan, (iii) identifies each Benefit Plan which at any time during the five-year period preceding the date of this Agreement was a Defined Benefit Plan and (iv) lists, describes and identifies each other Plan maintained, established, sponsored or contributed to by an ERISA Affiliate, or any predecessor thereof, which, during the five-year period preceding the date of this Agreement, was at any time a Defined Benefit Plan. Neither the The Company nor any Subsidiary has no scheduled or agreed upon future increases of benefit levels (or creations of new benefits) with respect to any Benefit Plan, and no such increases or creation of benefits have been proposedproposed to Employees, made the subject of representations to employees Employees or requested or demanded by employees Employees under circumstances which make it reasonable to expect that such increases will be granted. Except as disclosed in SECTION 2.15(aSection 3.12(a) OF THE DISCLOSURE SCHEDULEof the Disclosure Schedule, no loan is outstanding between the Company or any Subsidiary and any Benefit PlanEmployee.

Benefit Plans; ERISA. (a) SECTION 2.15(aSection 2.11(a) OF THE DISCLOSURE SCHEDULE of the Disclosure Schedule (i) contains a true and complete list and description of each of the Benefit Plans, (ii) identifies each of the Benefit Plans that is a Qualified Plan, (iii) identifies each Benefit Plan and each other Plan maintained, established, sponsored or contributed to by Seller which at any time during the fivetwo-year period preceding the date of this Agreement was a Defined Benefit Plan Plan, and (iv) lists, describes and identifies each other Plan maintained, established, sponsored or contributed to by an ERISA Affiliate, or any predecessor thereof, which, Seller during the fivetwo-year period preceding the date of this Agreement. Except for the Plans and Benefit Plans set forth in Section 2.11(a) of the Disclosure Schedule, was at Seller has not within the last two years maintained, sponsored, adopted, made contributions to, or obligated itself to make contributions to or to pay any time a Defined benefits or grant rights under or with respect to any Plan or Benefit Plan. Neither Within the Company nor any Subsidiary last two years, Seller has not scheduled or agreed upon future increases of benefit levels (or creations creation of new benefits) with respect to any Benefit Plan, and no such increases or creation of benefits have been proposed, made the subject of representations to employees Employees or requested or demanded by employees Employees under circumstances which make it reasonable to expect that such increases will be granted. Except as disclosed in SECTION 2.15(a) OF THE DISCLOSURE SCHEDULEAs of the date of this Agreement, except for non-material pay advances to Employees, no loan is outstanding between the Company or any Subsidiary Seller and any Benefit Planemployee.

Benefit Plans; ERISA. (a) SECTION 2.15(a) OF THE DISCLOSURE SCHEDULE Section 2.13 of the Disclosure Schedule (i) contains a true and --------------------------------------- complete list and description of each of the Benefit Plans, (ii) identifies each of the Benefit Plans that is a Qualified Plan, (iii) identifies each Benefit Plan which at any time during the five-year period preceding the date of this Agreement was a Defined Benefit Plan and (iv) lists, describes and identifies each other Plan maintained, established, sponsored or contributed to by an ERISA Affiliate, or any predecessor thereof, which, during the five-year period preceding the date of this Agreement, was at any time a Defined Benefit Plan. Neither the The Company nor any Subsidiary has not scheduled or agreed upon future increases of benefit levels (or creations of new benefits) with respect to any Benefit Plan, and no such increases or creation of benefits have been proposed, made the subject of representations to employees or requested or demanded by employees under circumstances which make it reasonable to expect that such increases will be granted. Except as disclosed in SECTION 2.15(a) OF THE DISCLOSURE SCHEDULE, no No loan is outstanding between the Company or any Subsidiary and any Benefit Planemployee.

Benefit Plans; ERISA. (a) SECTION 2.15(a) OF THE DISCLOSURE SCHEDULE (i) contains a true and complete list and description of each of the Benefit Plans, (ii) identifies each of the Benefit Plans that is a Qualified Plan, (iii) identifies each Benefit Plan which at any time during the five-year period preceding the date of this Agreement was a Defined Benefit Plan and (iv) lists, describes and identifies each other Plan maintained, established, sponsored or contributed to by an ERISA Affiliate, or any predecessor thereof, which, during the five-year period preceding the date of this Agreement, was at any time a Defined Benefit Plan. Neither Except as disclosed in SECTION 2.15(a) OF THE DISCLOSURE SCHEDULE, neither the Company nor any Subsidiary has scheduled or agreed upon future increases of benefit levels (or creations of new benefits) with respect to any Benefit Plan, and no such increases or creation of benefits have been proposed, made the subject of representations by the Seller, Company or any Subsidiary to employees or requested or demanded by employees under circumstances which make it reasonable to expect that such increases will be granted. Except as disclosed in SECTION 2.15(a) OF THE DISCLOSURE SCHEDULE, no loan is outstanding between the Company or any Subsidiary and any Benefit Plan.employee. In addition, except as disclosed in SECTION 2.15 OF THE DISCLOSURE SCHEDULE (with paragraph references corresponding to those set forth below):

Benefit Plans; ERISA. (a) SECTION Section 2.15(a) OF THE DISCLOSURE SCHEDULE of the Disclosure Schedule (i) contains a true and complete list and description of each of the Benefit Plans, (ii) identifies each of the Benefit Plans that is a Qualified Plan, (iii) identifies each Benefit Plan which at any time during the five-year period preceding the date of this Agreement was at any time a Defined Benefit Plan and (iv) lists, describes and identifies each other Plan maintained, established, sponsored or contributed to by an ERISA Affiliate, or any predecessor thereof, which, during the five-year period preceding the date of this Agreement, was at any time a Defined Benefit Plan. Neither the Company nor any Subsidiary has scheduled or agreed upon future increases of benefit levels (or creations of new benefits) with respect to any Benefit Plan, and no such increases or creation of benefits have been proposed, made the subject of representations to employees or requested or demanded by employees under circumstances which make it reasonable to expect that such increases will be granted. Except as disclosed in SECTION Section 2.15(a) OF THE DISCLOSURE SCHEDULEof the Disclosure Schedule, no loan is outstanding between the Company or any Subsidiary and any Benefit Planemployee.

Benefit Plans; ERISA. (a) SECTION 2.15(aSection 2.12(a) OF THE DISCLOSURE SCHEDULE of the Disclosure Schedule (i) contains a true and complete list and description of each of the Benefit Plans, (ii) identifies each of the Benefit Plans that is a Qualified Plan, (iii) identifies each Benefit Plan which at any time during the five-year period preceding the date of this Agreement was a Defined Benefit Plan and (iv) lists, describes and identifies each other Plan maintained, established, sponsored or contributed to by an ERISA Affiliate, or any predecessor thereof, which, during the five-year period preceding the date of this Agreement, was at any time a Defined Benefit Plan. Neither the Company nor any Subsidiary Seller has not scheduled or agreed upon future increases of benefit levels (or creations of new benefits) with respect to any Benefit Plan, and no such increases or creation of benefits have been proposed, made the subject of representations to employees Employees or requested or demanded by employees Employees under circumstances which make it reasonable to expect that such increases will be granted. Except as disclosed in SECTION 2.15(aSection 2.12(a) OF THE DISCLOSURE SCHEDULEof the Disclosure Schedule, no loan is outstanding between the Company or any Subsidiary Seller and any Benefit PlanEmployee.

Benefit Plans; ERISA. (a) SECTION 2.15(aSection 2.12(a) OF THE DISCLOSURE SCHEDULE of the Disclosure Schedule (i) contains a true and complete list and description of each of the Benefit Plans, (ii) identifies each of the Benefit Plans that is a Qualified Plan, (iii) identifies each Benefit Plan which at any time during the five-year period preceding the date of this Agreement was a Defined Benefit Plan and (iv) lists, describes and identifies each other Plan maintained, established, sponsored or contributed to by an ERISA Affiliate, or any predecessor thereof, which, during the five-year period preceding the date of this Agreement, was at any time a Defined Benefit Plan. Neither the Company nor any Subsidiary Seller has not scheduled or agreed upon future increases of benefit levels (or creations of new benefits) with respect to any Benefit Plan, and no such increases or creation of benefits have been proposed, made the subject of representations to employees Employees or requested or demanded by employees Employees under circumstances which make it reasonable to expect that such increases will be granted. Except as disclosed in SECTION 2.15(a) OF THE DISCLOSURE SCHEDULE, no loan is outstanding between the Company or any Subsidiary and any Benefit Plan.

Benefit Plans; ERISA. (a) SECTION 2.15(aSection 2.11(a) OF THE DISCLOSURE SCHEDULE of the Disclosure Schedule (i) contains a true and complete list and description of each of the Benefit Plans, (ii) identifies each of the Benefit Plans that is a Qualified Plan, (iii) identifies each Benefit Plan and each other Plan maintained, established, sponsored or contributed to by Seller which at any time during the fivetwo-year period preceding the date of this Agreement was a Defined Benefit Plan Plan, and (iv) lists, describes and identifies each other Plan maintained, established, sponsored or contributed to by an ERISA Affiliate, or any predecessor thereof, which, Seller during the fivetwo-year period preceding the date of this Agreement. Except for the Plans and Benefit Plans set forth in Section 2.11(a) of the Disclosure Schedule, was at Seller has not within the last two years maintained, sponsored, adopted, made contributions to, or obligated itself to make contributions to or to pay any time a Defined benefits or grant rights under or with respect to any Plan or Benefit Plan. Neither Within the Company nor any Subsidiary last two years, Seller has not scheduled or agreed upon future increases of benefit levels (or creations creation of new benefits) with respect to any Benefit Plan, and no such increases or creation of benefits have been proposed, made the subject of representations to employees Employees or requested or demanded by employees Employees under circumstances which make it reasonable to expect that such increases will be granted. Except as disclosed in SECTION 2.15(a) OF THE DISCLOSURE SCHEDULEAs of the date of this Agreement, except for non-material pay advances to Employees, no loan is outstanding between the Company or any Subsidiary Seller and any Benefit PlanEmployee.