EMPLOYEE AND FRINGE BENEFIT PLANS. (a) Schedule of Plans. Company Disclosure Schedule 3.9 lists each of the following that the Company or any ERISA Affiliate (as defined below) either maintains, is required to contribute to or otherwise participates in (or at any time maintained, contributed to or otherwise participated in) or as to which the Company or any ERISA Affiliate has any unsatisfied liability or obligations whether accrued, contingent or otherwise:
EMPLOYEE AND FRINGE BENEFIT PLANS. (a) Schedule of Plans. Schedule 3.20 lists each of the following that Seller or any "ERISA Affiliate" (as defined below) either maintains, is required to contribute to or otherwise participates in (or at any time maintained, contributed to or otherwise participated in) or as to which Seller or any ERISA Affiliate has any unsatisfied liability or obligation, whether accrued, contingent or otherwise:
EMPLOYEE AND FRINGE BENEFIT PLANS. (a) SCHEDULE OF PLANS. Except as set forth in SCHEDULE 2.8, the Company does not maintain, is not required to contribute to and otherwise does not participate in (and has not since its inception maintained, contributed to or otherwise participated in) any employee pension benefit plan qualified under Section 401 or 501 of the Code or any multi-employer plan (as such term is defined in the Employee Retirement Income Security Act of 1974, as amended ("ERISA")). Except as set forth in SCHEDULE 2.8, the Company does not maintain, is not required to contribute to and otherwise does not participate in (and has not since its inception maintained, contributed to or otherwise participated in) any employee pension benefit plan not qualified under Section 401 or 501 of the Code, or any employee welfare benefit plan ("Welfare Plan") within the meaning of ERISA (all of the foregoing described in this sentence being referred to herein collectively as "Employee Plans" and individually as an "Employee Plan"). Except to the extent required by laws relating to the continuation of health insurance, the Company and AIL are not obligated to provide medical benefits to their respective retirees.
EMPLOYEE AND FRINGE BENEFIT PLANS. The Company does not maintain and is not required to contribute to or otherwise participate in (and never has maintained, contributed to or otherwise participated in) an "employee benefit plan" or a "multi-employer plan", (as such terms are defined in the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). Any such plan is hereinafter referred to as an "Employee Plan." Except as reflected in the June Balance Sheet, the Company has no liability for unpaid compensation or fringe benefits (including without limitation obligations to make payments because of disability, accrued sick leave or vacation pay).
EMPLOYEE AND FRINGE BENEFIT PLANS. The Company does not maintain and is not required to contribute to or otherwise participate in (and has not during the preceding five years maintained, contributed to or otherwise participated in) an "employee benefit plan" or a "multi-employer plan", (as such terms are defined in the Employee Retirement Income Security Act of 1974, as amended ("ERISA").
EMPLOYEE AND FRINGE BENEFIT PLANS. 11 (a) Schedule of Plans.....................................................................11 (b) Qualification.........................................................................12 (c)
EMPLOYEE AND FRINGE BENEFIT PLANS. Except as set forth in Schedule 4.8, Seller, with respect to employees, former employees or agents of Seller, does not maintain, is not required to contribute to and does not otherwise participate in (and has not since its inception maintained, contributed to or otherwise participated in) either: (i) any employee pension benefit plan ("Pension/Profit Sharing Plan"), any employee welfare benefit plan ("Welfare Plan") or any multi-employer plan ("Multi-Employer Plan") (as such terms are defined in the Employee Retirement Income Security Act of 1974, as amended ("ERISA")), including any pension, profit sharing, retirement, thrift, stock purchase or stock option plan; or (ii) any other compensation, welfare, fringe benefit or retirement plan, program, policy, understanding or arrangement of any kind whatsoever, whether formal or informal, providing for benefits for or the welfare of any or all of the current or former employees or agents of Seller or their beneficiaries or dependents. True and complete copies of the following documents with respect to the plans set forth on Schedule 4.8 have been delivered to Buyer: (i) the most recent plan document and trust agreement (including any amendments thereto and prior plan documents, if amended within the last three years), (ii) the last five years IRS Form 5500 filings and schedules thereto, (iii) the most recent IRS determination letter, (iv) all summary plan descriptions, (v) each written communication to employees intended to describe a plan or any benefit provided in such plans, and (vi) all correspondence with the IRS or Department of Labor concerning any controversy with respect to such plans. Each plan listed on Schedule 4.8 is and has been maintained in compliance in all material respects with applicable law, including but not limited to ERISA and the Code and with any other applicable contractual obligations. Each plan listed on Schedule 4.8 that is intended to be tax qualified under Code section 401(a) has been determined by the Internal Revenue Service to be exempt from tax under the provisions of Code section 501(a) and, to Seller's and Shareholders' Knowledge, nothing has occurred, including the adoption or failure to adopt any plan amendment, which would adversely affect its qualification or tax-exempt status. Except as reflected on Schedule 4.10, there are no pending or, to Seller's or Shareholders' Knowledge, threatened claims, actions or lawsuits, other than routine claims for benefits in the ordin...
EMPLOYEE AND FRINGE BENEFIT PLANS. 16 (a) SCHEDULE OF PLANS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 (b) QUALIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 (c)
EMPLOYEE AND FRINGE BENEFIT PLANS. There are no employee benefit plans of any of the Sellers or any of their respective predecessors which will become the responsibility or liability of Netzee upon or after Second Closing or which will act as an Encumbrance upon the Business or the Purchased Assets.
EMPLOYEE AND FRINGE BENEFIT PLANS. 9 3.8 Licenses; Compliance with Applicable Laws.........................................................10 3.9 Contracts.........................................................................................10 3.10
