Common use of Benefit Plans; ERISA Clause in Contracts

Benefit Plans; ERISA. (a) Part 5.23 of the Disclosure Schedule lists (i) all "employee benefit plans" within the meaning of Section 3(3) of ERISA, (ii) all employment agreements, including, but not limited to, any individual benefit arrangement, policy or practice with respect to any current or former employee or director of PickAx or Member of the Controlled Group, and (iii) all other employee benefit, bonus or other incentive compensation, stock option, stock purchase, stock appreciation, severance pay, lay-off or reduction in force, change in control, sick pay, vacation pay, salary continuation, retainer, leave of absence, educational assistance, service award, employee discount, fringe benefit plans, arrangements, policies or practices, whether legally binding or not, which PickAx or any Member of the Controlled Group maintains, contributes to or has any obligation to or liability for (collectively, the "Plans").

Benefit Plans; ERISA. (a) Part 5.23 Section 4.16 of the Disclosure Schedule lists (i) all "employee benefit plans" within Employee Benefit Plans maintained by the meaning of Section 3(3) of ERISACompany or any ERISA Affiliate, (ii) all employment agreements, including, but not limited to, any individual benefit arrangement, policy or practice with respect to any current or former employee or director of PickAx the Company or Member of the Controlled Groupany ERISA Affiliate, and (iii) all other employee benefit, bonus or other incentive compensation, stock option, stock purchase, stock appreciation, severance pay, lay-off or reduction in force, change in control, sick pay, vacation pay, salary continuation, retainer, leave of absence, educational assistance, service award, employee discount, fringe benefit plans, arrangements, policies or practices, whether legally binding or not, which PickAx the Company or any Member of the Controlled Group ERISA Affiliate maintains, contributes to or has any obligation to or liability for (collectively, the "Plans").

Benefit Plans; ERISA. (a) Part 5.23 5.24 of the Company Disclosure Schedule lists (i) all "employee benefit plans" within the meaning of Section 3(3) of ERISA, (ii) all employment agreements, including, but not limited to, any individual benefit arrangement, policy or practice with respect to any current or former employee or director of PickAx the Company, the Subsidiary or Member of the Controlled Group, and (iii) all other employee benefit, bonus or other incentive compensation, stock option, stock purchase, stock appreciation, severance pay, lay-off or reduction in force, change in control, sick pay, vacation pay, salary continuation, retainer, leave of absence, educational assistance, service award, employee discount, fringe benefit plans, arrangements, policies or practices, whether legally binding or not, which PickAx the Company or any Member of the Controlled Group Subsidiary maintains, contributes to or has any obligation to or liability for (collectively, the "Plans").

Benefit Plans; ERISA. (a) Part 5.23 5.22 of the Disclosure Schedule lists (i) all "employee benefit plans" within the meaning of Section 3(3) of ERISA, (ii) all employment agreements, including, but not limited to, any individual benefit arrangement, policy or practice with respect to any current or former employee or director of PickAx the Company or Member of the Controlled Group, and (iii) all other employee benefit, bonus or other incentive compensation, stock option, stock purchase, stock appreciation, severance pay, lay-off or reduction in force, change in control, sick pay, vacation pay, salary continuation, retainer, leave of absence, educational assistance, service award, employee discount, and fringe benefit plans, arrangements, policies or practices, whether legally binding or not, which PickAx the Company or any Member of the Controlled Group maintains, contributes to or has any obligation to or liability Liability for (collectively, the "PlansPLANS").

Benefit Plans; ERISA. (a) Part 5.23 Section 4.15 of the Disclosure Schedule lists (i) all "employee benefit plans" within the meaning of Section 3(3) of ERISAEmployee Benefit Plans, (ii) all employment agreements, including, but not limited to, any individual benefit arrangement, policy or practice with respect to any current or former employee or director of PickAx the Company, any ERISA Affiliate or Member of the Controlled Groupany Employee Leasing Organization, and (iii) all other employee benefit, bonus or other incentive compensation, stock option, stock purchase, stock appreciation, severance pay, lay-off or reduction in force, change in control, sick pay, vacation pay, salary continuation, retainer, leave of absence, educational assistance, service award, employee discount, fringe benefit plans, arrangements, policies or practices, whether legally binding or not, which PickAx the Company, any ERISA Affiliate or any Member of the Controlled Group Employee Leasing Organization maintains, contributes to or has any obligation to or liability for (collectively, the "Plans").

Benefit Plans; ERISA. (a) Part 5.23 of the Disclosure Schedule 3.25 lists (i) all "“employee benefit plans" ” within the meaning of Section 3(3) of ERISA, (ii) all employment agreements and consultant agreements, including, but not limited to, any individual benefit arrangement, policy or practice with respect to any current or former employee employee, consultant or director of PickAx Tempus or Member of the Controlled Group, and (iii) all other employee benefit, bonus or other incentive compensation, stock option, stock purchase, stock appreciation, severance pay, lay-off or reduction in force, change in control, sick pay, vacation pay, salary continuation, retainer, leave of absence, educational assistance, service award, employee discount, fringe benefit plans, arrangements, policies or practices, whether legally binding or not, which PickAx Tempus or any Member of the Controlled Group maintains, contributes to or has any obligation to or liability Liability for (collectively, the "“Plans"”).

Benefit Plans; ERISA. (a) Part 5.23 5.22 of the Company Disclosure Schedule lists (i) all "employee benefit plans" within the meaning of Section 3(3) of ERISA, (ii) all material employment agreements, including, but not limited to, any individual benefit arrangement, policy or practice with respect to any current or former employee or director of PickAx the Company or Member of the Controlled Group, and (iii) all other material employee benefit, bonus or other incentive compensation, stock option, stock purchase, stock appreciation, severance pay, lay-off or reduction in force, change in control, sick pay, vacation pay, salary continuation, retainer, leave of absence, educational assistance, service award, employee discount, fringe benefit plans, arrangements, policies or practices, whether legally binding or not, which PickAx the Company or any Member of the Controlled Group maintains, contributes to or has any obligation to or liability for (collectively, the "PlansPLANS").

Benefit Plans; ERISA. (a) Part 5.23 3.22 of the Atcom Disclosure Schedule lists (i) all "employee --------- benefit plans" within the meaning of Section 3(3) of ERISA, (ii) all employment agreements, including, but not limited to, any individual benefit arrangement, policy or practice with respect to any current or former employee or director of PickAx Atcom or Member of the Controlled Group, and (iii) all other employee benefit, bonus or other incentive compensation, stock option, stock purchase, stock appreciation, severance pay, lay-off or reduction in force, change in control, sick pay, vacation pay, salary continuation, retainer, leave of absence, educational assistance, service award, employee discount, fringe benefit plans, arrangements, policies or practices, whether legally binding or not, which PickAx Atcom or any Member of the Controlled Group maintains, contributes to or has any obligation to or liability for (collectively, the "Plans").