Common use of Company Employee Benefit Plans Clause in Contracts

Company Employee Benefit Plans. (a) Section 3.13(a) of the Company Disclosure Letter sets forth a true and complete list of all (i) other than any Foreign Plan, “employee benefit plans” within the meaning of Section 3(3) of ERISA, all medical, dental, life insurance, flexible reimbursement equity accounts, equity (including the Company Equity Plans and the Company ESPP), bonus (sales incentive, short and long term) or other incentive compensation, disability, salary continuation, severance, retention, retirement, pension, deferred compensation, vacation, sick pay or paid time off plans or policies, relocation and expatriate policies, and any other material plans, agreements (including employment, consulting and collective bargaining agreements), policies, trust funds or arrangements (whether written or unwritten, insured or self-insured) (each a “Company Plan,” and collectively, the “Company Plans”), and (ii) all material employee benefit plans, policies, agreements or arrangements mandated by a government other than the United States or that are subject to the Laws of a jurisdiction outside of the United States (each, a “Foreign Plan,” and collectively, the “Foreign Plans”), in each case either (A) established, maintained, sponsored or contributed to (or with respect to which any obligation to contribute has been undertaken) by the Company, its Subsidiaries or any of their respective ERISA Affiliates on behalf of any employee, officer, director, stockholder or other service provider of the Company or its Subsidiaries (whether current, former or retired) or their beneficiaries, or (B) with respect to which the Company, its Subsidiaries or any of their respective ERISA Affiliates has any obligation on behalf of any such employee, officer, director, stockholder or other service provider or beneficiary.

Company Employee Benefit Plans. (a) Schedule 4.11 contains an accurate list of each "employee benefit plan," as defined in Section 3.13(a3(3) of the Employee Retirement Income Security Act of 1974 ("ERISA"), and each other deferred compensation, bonus or other incentive compensation, stock purchase, stock option, restricted stock or other equity compensation or ownership plan, program, agreement or arrangement; each severance or termination pay, medical, surgical, dental, vision, hospitalization or life insurance plan, program, agreement or arrangement; each employment, retention, consulting, termination or severance plan, program, agreement or arrangement; and each other employee fringe benefit plan, fund, program, agreement or arrangement, in each case, that is sponsored, maintained or contributed to or required (or may be required) to be contributed to by Company Disclosure Letter sets forth or any Company Subsidiary or by any trade or business, whether or not incorporated (an "ERISA Affiliate"), that together with Company would be deemed a true and complete list of all (i) other than any Foreign Plan, “employee benefit plans” "single employer" within the meaning of Section 3(34001(b) of ERISA, all medicalor to which Company, dentalany Company Subsidiary or an ERISA Affiliate is a party, life insurance, flexible reimbursement equity accounts, equity (including the Company Equity Plans and the Company ESPP), bonus (sales incentive, short and long term) or other incentive compensation, disability, salary continuation, severance, retention, retirement, pension, deferred compensation, vacation, sick pay or paid time off plans or policies, relocation and expatriate policies, and any other material plans, agreements (including employment, consulting and collective bargaining agreements), policies, trust funds or arrangements (whether written or unwrittenoral, insured for the benefit of any employee or self-insured) director or former employee or director (each a “Company Plan,” and collectively, the “Company Plans”), and (ii) all material employee benefit plans, policies, agreements or arrangements mandated by a government other than the United States or that are subject to the Laws of a jurisdiction outside of the United States (each, a “Foreign Plan,” and collectively, the “Foreign Plans”), in each case either (A) established, maintained, sponsored or contributed to (or with respect to which any obligation to contribute has been undertaken) by the Company, its Subsidiaries or any of their respective beneficiaries), of Company or any Company Subsidiary or any ERISA Affiliates Affiliate (the "Company Employee Benefit Plans"). Each Company Employee Benefit Plan which is subject to ERISA ("Company ERISA Plan") is separately so designated on Schedule 4.11. Copies of all written plans (and, if applicable, related trust agreements and agreements with service providers, group annuity contracts, group insurance contracts and such other written agreements entered into by or on behalf of any employee, officer, director, stockholder or other service provider of the a Company or its Subsidiaries (whether current, former or retiredEmployee Benefit Plan) or their beneficiariesand all amendments thereto and written interpretations thereof have been furnished, or will be made available upon request, to Purchaser together with the most recent annual report (BForm 5500 including, if applicable, Schedule B thereto) prepared in connection with respect to which the Companyany such plan. Company does not have, its Subsidiaries or and never has had, any of their respective ERISA Affiliates other than the entities identified on Schedule 4.11. No ERISA Affiliate has ever been established, maintained, contributed to or been obligated to contribute to any obligation on behalf of any such employeeplan, officerprogram, director, stockholder fund or arrangement which is subject to ERISA other service provider or beneficiarythan as an ERISA Affiliate.