Company Employee Plan. “Company Employee Plan” shall mean each plan, program, policy, practice or Contract (including any Company Foreign Plan) providing for compensation, severance, termination pay, deferred compensation, performance awards, stock or stock-related awards, fringe benefits, change in control payments, sick pay, paid time off, vacation pay, retirement benefits or other benefits or remuneration of any kind, whether or not in writing and whether or not funded, including each “employee benefit plan,” within the meaning of Section 3(3) of ERISA (whether or not ERISA is applicable to such plan): (a) that is or has been maintained or contributed to, participated in, established by, sponsored, or required to be maintained or contributed to, participated in, established by, sponsored, by any of the Symyx Corporations or any Company Affiliate for the benefit of any Company Associate; or (b) with respect to which any of the Symyx Corporations or any Company Affiliate has or may incur or become subject to any liability or obligation; provided, however, that a Company Employee Agreement shall not be considered a Company Employee Plan.
Appears in 3 contracts
Samples: Agreement and Plan of Merger and Reorganization (Accelrys, Inc.), Agreement and Plan of Merger (Symyx Technologies Inc), Agreement and Plan of Merger and Reorganization (Accelrys, Inc.)
Company Employee Plan. “Company Employee Plan” " shall mean each plan, program, policy, practice or Contract (including any Company Foreign Plan) providing for compensation, severance, termination pay, deferred compensation, performance awards, stock or stock-related awards, fringe benefits, change in control payments, sick pay, paid time off, vacation pay, retirement benefits or other benefits or remuneration of any kind, whether or not in writing and whether or not funded, including each “"employee benefit plan,” " within the meaning of Section 3(3) of ERISA (whether or not ERISA is applicable to such plan): (a) that is or has been maintained or contributed to, participated in, established by, sponsored, or required to be maintained or contributed to, participated in, established by, sponsored, by any of the Symyx Corporations or any Company Affiliate for the benefit of any Company Associate; or (b) with respect to which any of the Symyx Corporations or any Company Affiliate has or may incur or become subject to any liability or obligation; provided, however, that a Company Employee Agreement shall not be considered a Company Employee Plan.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Symyx Technologies Inc)
