Common use of Certain Contracts and Commitments Clause in Contracts

Certain Contracts and Commitments. Except for the Outstanding Options and the Outstanding Warrants, the Company is not a party to, or otherwise bound by, nor has the Company ever established, had in effect, obligated to fund or make contributions to any written or oral plan, program or arrangement relating to a pension, profit sharing, retirement savings, thrift, deferred compensation, stock option, stock purchase, group insurance, accident, sickness, medical, dental, disability or other plan providing for deferred or other compensation to employees. Except as set forth in SCHEDULE 4.1(v) attached hereto, the Company is not obligated to fund any vacation pay, severance pay, incentive compensation, consulting agreement, bonus or other employee benefits or fringe benefits either currently or as to any time in the past (including health insurance, life insurance or other benefit plans maintained for retirees or former employees) whether or not such plan, program and arrangement constitute "employee benefit plans" within the meaning of Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and whether or not any such plan, program or arrangement are in the nature of formal or informal understandings. All such plans, programs and arrangements referred to in this Section 4.1(v) are collectively referred to herein as "Benefit Plans".