Common use of Employee Benefit Plans and Employee Matters Clause in Contracts

Employee Benefit Plans and Employee Matters. (a) Schedule 2.16(a) of the Target Schedule of Exceptions lists, with respect to Target, any Subsidiary of Target and any trade or business (whether or not incorporated) which is treated as a single employer with Target (an “ERISA Affiliate”) within the meaning of Section 414(b), (c), (m) or (o) of the Code, (i) all “employee benefit plans” within the meaning of Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), (ii) each outstanding loan to an employee in excess of $10,000, (iii) all stock option, stock purchase, phantom stock, stock appreciation right, supplemental retirement, severance, sabbatical, medical, dental, vision care, disability, employee relocation, cafeteria benefit (Section 125 of the Code), dependent care (Section 129 of the Code), life insurance or accident insurance plans, programs or arrangements, (iv) all bonus, pension, profit sharing, savings, severance, retirement, deferred compensation or incentive plans, programs or arrangements, (v) all other fringe or employee benefit plans, programs or arrangements that apply to senior management and that do not generally apply to all employees, and (vi) all employment or executive compensation or severance Table of Contents agreements, written or otherwise, as to which unsatisfied obligations of Target or any Subsidiary of Target of greater than $10,000 remain for the benefit of, or relating to, any present or former employee, consultant or non-employee director of Target or any Subsidiary of Target (all of the foregoing described in clauses (i) through (vi), collectively, the “Target Employee Plans”).

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Force10 Networks Inc)

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Employee Benefit Plans and Employee Matters. (a) Schedule 2.16(a2.13(a) of the Target Schedule of Exceptions Company Disclosure Letter lists, with respect to Targetthe Company, any Subsidiary of Target and any trade or business (whether or not incorporated) which is treated as a single employer with Target the Company (an “ERISA Affiliate”) within the meaning of Section 414(b), (c), (m) or (o) of the Code, (i) all “employee benefit plans” within the meaning of Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), (ii) each outstanding loan to an employee in excess of $10,00050,000, (iii) all stock option, stock purchase, phantom stock, stock appreciation right, supplemental retirement, severance, sabbatical, medical, dental, vision care, disability, employee relocation, cafeteria benefit (Section 125 of the Code), dependent care (Section 129 of the Code), life insurance or accident insurance plans, programs or arrangements, (iv) all bonus, pension, profit sharing, savings, severance, retirement, deferred compensation or incentive plans, programs or arrangements, (v) all other fringe or employee benefit plans, programs or arrangements that apply to senior management and that do not generally apply to all employees, and (vi) all employment or executive compensation or severance Table of Contents agreements, written or otherwise, as to which unsatisfied obligations of Target the Company or any Subsidiary of Target of greater than $10,000 50,000 remain for the benefit of, or relating to, any present or former employee, consultant or non-employee director of Target the Company or any Subsidiary of Target (all of the foregoing described in clauses (i) through (vi), collectively, the “Target Company Employee Plans”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Smith Micro Software Inc)

Employee Benefit Plans and Employee Matters. (a) Schedule 2.16(a2.13(a) of the Target Schedule of Exceptions Company Disclosure Letter lists, with respect to Targetthe Company, any Subsidiary of Target and any trade or business (whether or not incorporated) which is treated as a single employer with Target the Company (an "ERISA Affiliate”AFFILIATE") within the meaning of Section 414(b), (c), (m) or (o) of the Code, (i) all "employee benefit plans" within the meaning of Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), (ii) each outstanding loan to an employee in excess of $10,000, (iii) all stock option, stock purchase, phantom stock, stock appreciation right, supplemental retirement, severance, sabbatical, medical, dental, vision care, disability, employee relocation, cafeteria benefit (Section 125 of the Code), dependent care (Section 129 of the Code), life insurance or accident insurance plans, programs or arrangements, (iv) all bonus, pension, profit sharing, savings, severance, retirement, deferred compensation or incentive plans, programs or arrangements, (v) all other fringe or employee benefit plans, programs or arrangements that apply to senior management and that do not generally apply to all employees, and (vi) all employment or executive compensation or severance Table of Contents agreements, written or otherwise, as to which unsatisfied obligations of Target the Company or any Subsidiary of Target of greater than $10,000 remain for the benefit of, or relating to, any present or former employee, consultant or non-employee director of Target the Company or any Subsidiary of Target (all of the foregoing described in clauses (i) through (vi), collectively, the “Target Employee Plans”"COMPANY EMPLOYEE PLANS", and each a "COMPANY EMPLOYEE PLAN").

Appears in 1 contract

Samples: Agreement and Plan of Merger (Amdocs LTD)

Employee Benefit Plans and Employee Matters. (a) Schedule 2.16(a2.13(a) of the Target Schedule of Exceptions Company Disclosure Letter lists, with respect to Targetthe Company, any Subsidiary of Target and any trade or business (whether or not incorporated) which is treated as a single employer with Target the Company (an “ERISA Affiliate”) within the meaning of Section 414(b), (c), (m) or (o) of the Code, (i) all material employee benefit plans” plans within the meaning of Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), (ii) each outstanding loan to an employee in excess of $10,000, (iii) all stock option, stock purchase, phantom stock, stock appreciation right, supplemental retirement, severance, sabbatical, medical, dental, vision care, disability, employee relocation, cafeteria benefit (Section 125 of the Code), dependent care (Section 129 of the Code), life insurance or accident insurance plans, programs or arrangements, (iv) all bonus, pension, profit sharing, savings, severance, retirement, deferred compensation or incentive plans, programs or arrangements, (v) all other fringe or employee benefit plans, programs or arrangements that apply to senior management and that do not generally apply to all employees, and (vi) all employment or executive compensation or severance Table of Contents agreements, written or otherwise, as to which unsatisfied obligations of Target the Company or any Subsidiary of Target of greater than $10,000 remain for the benefit of, or relating to, any present or former employee, consultant or non-employee director of Target the Company or any Subsidiary of Target (all of the foregoing described in clauses (i) through (vi), collectively, the “Target Company Employee Plans”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Netsolve Inc)

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Employee Benefit Plans and Employee Matters. (a) Schedule 2.16(a2.13(a) of the Target Schedule of Exceptions Company Disclosure Letter lists, with respect to Targetthe Company, any Subsidiary of Target and any trade or business (whether or not incorporated) which is treated as a single employer with Target the Company (an “ERISA Affiliate”) within the meaning of Section 414(b), (c), (m) or (o) of the Code, (i) all “employee benefit plans” within the meaning of Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), (ii) each outstanding loan to an employee in excess of $10,000, (iii) all stock option, stock purchase, phantom stock, stock appreciation right, supplemental retirement, severance, sabbatical, medical, dental, vision care, disability, employee relocation, cafeteria benefit (Section 125 of the Code), dependent care (Section 129 of the Code), life insurance or accident insurance plans, programs or arrangements, (iv) all bonus, pension, profit sharing, savings, severance, retirement, deferred compensation or incentive plans, programs or arrangements, (v) all other fringe or employee benefit plans, programs or arrangements that apply to senior management and that do not generally apply to all employees, and (vi) all employment or executive compensation or severance Table of Contents agreements, written or otherwise, as to which unsatisfied obligations of Target the Company or any Subsidiary of Target of greater than $10,000 remain for the benefit of, or relating to, any present or former employee, consultant or non-employee director of Target the Company or any Subsidiary of Target (all of the foregoing described in clauses (i) through (vi), collectively, the “Target Company Employee Plans”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Glu Mobile Inc)

Employee Benefit Plans and Employee Matters. (a) Schedule 2.16(a2.13(a) of the Target Schedule of Exceptions Company Disclosure Letter lists, with respect to Targetthe Company, any Subsidiary of Target and any trade or business (whether or not incorporated) which is treated as a single employer with Target the Company (an “ERISA Affiliate”) within the meaning of Section 414(b), (c), (m) or (o) of the Code, (i) all “employee benefit plans” within the meaning of Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), (ii) each outstanding loan to an employee in excess of $10,000, (iii) all stock option, stock purchase, phantom stock, stock appreciation right, supplemental retirement, severance, sabbatical, medical, dental, vision care, disability, employee relocation, cafeteria benefit (Section 125 of the Code), dependent care (Section 129 of the Code), life insurance or accident insurance plans, programs or arrangements, (iv) all bonus, pension, profit sharing, savings, severance, retirement, deferred compensation or incentive plans, programs or arrangements, (v) all other fringe or employee benefit plans, programs or arrangements that apply to senior management and that do not generally apply to all employees, and (vi) all employment or executive compensation or severance Table of Contents agreements, written or otherwise, as to which unsatisfied obligations of Target the Company or any Subsidiary of Target of greater than $10,000 remain for the benefit of, or relating to, any present or former employee, consultant or non-employee director of Target the Company or any Subsidiary of Target (all of the foregoing described in clauses (i) through (vi), collectively, the “Target Company Employee Plans”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cray Inc)

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