Common use of Employee Benefit Plans and Arrangements Clause in Contracts

Employee Benefit Plans and Arrangements. SCHEDULE 3.1(P) hereto lists all written employee benefit plans and collective bargaining, labor and employment agreements and severance agreements or other similar arrangements (together with all documents or instruments establishing or constituting any related trust, annuity contract or other funding instrument), and whether or not legally enforceable, to which the Company is (or ever has been) a party or by which the Company is (or ever has been) bound, including (1) any profit-sharing, deferred compensation, bonus, stock option, stock purchase, pension, retainer, consulting, retirement, severance, or incentive compensation plan, agreement or arrangement, (2) any welfare benefit plan, agreement or arrangement or any plan, agreement or arrangement providing for "fringe benefits" or perquisites to employees, officers, directors or agents, including benefits relating to automobiles, clubs, vacation, child care, parenting or maternity leave, sabbaticals, sick leave, medical expenses, dental expenses, disability, accidental death or dismemberment, hospitalization, life insurance and other types of insurance, (3) any employment agreement, or (4) any other "employee benefit plan" (within the meaning of Section 3(3) of ERISA) (each, a "Benefit Plan"). Each Benefit Plan has been maintained and contributed to in compliance with the requirements of Applicable Law, except for such failures to maintain or contribute that would not, in the aggregate, have a material adverse effect on the financial condition of the Company or on the Assets. The Company has paid and discharged when due all obligations and liabilities arising under such Benefit Plans and Applicable Law of a character which, if not paid or discharged, might result in the imposition of an Encumbrance (other than a Permitted Encumbrance) or the assertion of a liability enforceable against the Assets or the Buyer, which could have a material adverse effect on the financial condition of the Buyer or the Assets.

Employee Benefit Plans and Arrangements. SCHEDULE 3.1(PSchedule 3.1(o) hereto lists all written employee benefit plans and collective bargaining, labor and employment agreements and severance agreements or other similar arrangements (together with all documents or instruments establishing or constituting any related trust, annuity contract or other funding instrument), and whether or not legally enforceable, to which the Company is (or ever has been) a party or by which the Company is (or ever has been) bound, including (1) any profit-sharing, deferred compensation, bonus, stock option, stock purchase, pension, retainer, consulting, retirement, severance, or incentive compensation plan, agreement or arrangement, (2) any welfare benefit plan, agreement or arrangement or any plan, agreement or arrangement providing for "fringe benefits" or perquisites to employees, officers, directors or agents, including benefits relating to automobiles, clubs, vacation, child care, parenting or maternity leave, sabbaticals, sick leave, medical expenses, dental expenses, disability, accidental death or dismemberment, hospitalization, life insurance and other types of insurance, (3) any employment agreement, or (4) any other "employee benefit plan" (within the meaning of Section 3(3) of ERISA) (each, a "Benefit Plan"). Each Benefit Plan has been maintained and contributed to in compliance with the requirements of Applicable Law, except for such failures to maintain or contribute that would not, in the aggregate, have a material adverse effect on the financial condition of the Company or on the Assets. The Company has paid and discharged when due all obligations and liabilities arising under such Benefit Plans and Applicable Law of a character which, if not paid or discharged, might result in the imposition of an Encumbrance (other than a Permitted Encumbrance) or the assertion of a liability enforceable against the Assets or the Buyer, which could have a material adverse effect on the financial condition of the Buyer or the Assets.

Employee Benefit Plans and Arrangements. SCHEDULE 3.1(P3.1(p) hereto lists all written employee benefit plans and collective bargaining, labor and employment agreements and severance agreements or other similar arrangements (together with all documents or instruments establishing or constituting any related trust, annuity contract or other funding instrument), and whether or not legally enforceable, to which the Company is (or ever in the past five years has been) a party or by which the Company is (or ever in the past five (5) years has been) bound, including (1) any profit-sharing, deferred compensation, bonus, stock option, stock purchase, pension, retainer, consulting, retirement, severance, or incentive compensation plan, agreement or arrangement, (2) any welfare benefit plan, agreement or arrangement or any plan, agreement or arrangement providing for "fringe benefits" or perquisites to employees, officers, directors or agents, including benefits relating to automobiles, clubs, vacation, child care, parenting or maternity leave, sabbaticals, sick leave, medical expenses, dental expenses, disability, accidental death or dismemberment, hospitalization, life insurance and other types of insurance, (3) any employment agreement, or (4) any other "employee benefit plan" (within the meaning of Section 3(3) of ERISA) (each, a "Benefit Plan"); provided that terminated agreements with individual employees under which the Company has no additional liability are not listed. Each Benefit Plan has been maintained and contributed to in compliance with the requirements of Applicable Law, except for such failures to maintain or contribute that would not, in the aggregate, have a material adverse effect on the financial condition of the Company or on the Assets. The Company has paid and discharged when due all obligations and liabilities arising under such Benefit Plans and Applicable Law of a character which, if not paid or discharged, might result in the imposition of an Encumbrance (other than a Permitted Encumbrance) or the assertion of a liability enforceable against the Assets or the Buyer, which could have a material adverse effect on the financial condition of the Buyer or the Assets.