Common use of Employee Benefit Plans; Labor Clause in Contracts

Employee Benefit Plans; Labor. (a) Except as set forth in Section 3.10(a) of the Company Disclosure Letter, neither the Company nor any Company Subsidiary maintains or contributes to (i) any nonqualified deferred compensation or retirement plans for employees located in the United States, (ii) any qualified “defined contribution plans” (as such term is defined under Section 3(34) of ERISA), (iii) any qualified “defined benefit plans” (as such term is defined under Section 3(35) of ERISA) (the plans set forth in (ii) and (iii) are collectively referred to herein as the “Pension Plans”), (iv) any “welfare benefit plans” (as such term is defined under Section 3(1) of ERISA) (the “Welfare Plans”), or (v) any compensatory fringe benefit or stock option plans, including written individual contracts, employee agreements, plans, programs, or arrangements, whether funded or unfunded, whether or not a Non-U.S. DB Plan, that currently are, or within the past five fiscal years of the Company or any Company Subsidiary, as appropriate, have been maintained and sponsored in whole or in part, or contributed to by any of the Company, the Company Subsidiaries and the Company Commonly Controlled Entities, for the benefit of, providing any remuneration or benefits to, or covering any current or former employee or retiree, any dependent, spouse or other family member or beneficiary of such employee or retiree, or any director, independent contractor, member, officer, consultant of any of the Company, the Company Subsidiaries and the Company Commonly Controlled Entities, or under (or in connection with) which the Company or any Company Subsidiary may have any liability (collectively clauses (i)-(v) are referred to as “Company Benefit Plans”).

Employee Benefit Plans; Labor. (a) Except as set forth in Section 3.10(a) of the Company Disclosure LetterLetter sets forth, neither as of the Company nor any Company Subsidiary maintains or contributes to date hereof, a true and complete list of the material (i) any nonqualified deferred compensation or retirement plans for employees Employees located in the United States, (ii) any qualified “defined contribution plans” (as such term is defined under Section 3(34) of ERISA), (iii) any qualified “defined benefit plans” (as such term is defined under Section 3(35) of ERISA) (the plans set forth in clauses (ii) and (iii) are collectively referred to herein as the “Pension Plans”), (iv) any “”welfare benefit plans” (as such term is defined under Section 3(1) of ERISA) (the “Welfare Plans”), or and (v) any compensatory fringe benefit or stock option plans, including written individual contracts, employee agreements, plans, programs, or arrangements, whether funded or unfunded, whether or not a Non-U.S. DB Planthat, that currently as of the date hereof, are, or within the past five fiscal years of the Company or any Company Subsidiary, as appropriateapplicable, have been been, maintained and sponsored in whole or in part, or contributed to by any of the Company, the Company Subsidiaries and the Company Commonly Controlled Entities, for the benefit of, providing any remuneration or benefits to, or covering any current or former employee or retireeEmployee, any dependent, spouse or other family member or beneficiary of such employee or retireeEmployee, or any director, independent contractor, member, officer, or consultant of any of the Company, the Company Subsidiaries and the Company Commonly Controlled Entities, or under (or in connection with) which the Company or any Company Subsidiary may have any liability (collectively clauses (i)-(vi) through (v) are referred to as “Company Benefit Plans”).

Employee Benefit Plans; Labor. (a) Except as set forth in Section 3.10(a3.9(a) of the Company Disclosure Letter, neither the Company nor any Company Subsidiary maintains or contributes to Letter contains a true and complete list of (i) any each nonqualified deferred compensation or retirement plans plan for employees located in the United States, (ii) any each qualified “defined contribution plansplan” (as such term is defined under Section 3(34) of ERISA), (iii) any each qualified “defined benefit plansplan” (as such term is defined under Section 3(35) of ERISA) (the plans set forth in clauses (ii) and (iii) are collectively referred to herein as the “Pension Plans”), (iv) any each “welfare benefit plansplan” (as such term is defined under Section 3(1) of ERISA) (the “Welfare Plans”), or and (v) any each compensatory fringe or benefit plan or program, or stock option plansplan, including written individual contractscontract, employee agreementsagreement, plansplan, programsprogram, or arrangementsarrangement, in each case, whether funded or unfunded, whether or not a Non-U.S. DB Plan, that currently are, are maintained or within the past five fiscal years of the Company or any Company Subsidiary, as appropriate, have been maintained and sponsored in whole or in part, or contributed to by any of the Company, the Company Subsidiaries and the or any Company Commonly Controlled Entities, for the benefit of, providing any remuneration or benefits to, or covering any current or former employee or retiree, any dependent, spouse or other family member or beneficiary of such employee or retiree, or any director, independent contractor, member, officer, consultant of any of the Company, Company or the Company Subsidiaries and Subsidiaries, or the Company Commonly Controlled Entities, or under (or in connection with) which the Company or any Company Subsidiary or any of the Company Commonly Controlled Entities may have any liability (collectively clauses (i)-(vi) through (v) are referred to as “Company Benefit Plans”).

Employee Benefit Plans; Labor. (a) Except as set forth in Section 3.10(a) of the Company Disclosure LetterLetter sets forth, neither as of the Company nor any Company Subsidiary maintains or contributes to date hereof, a true and complete list of the material (i) any nonqualified deferred compensation or retirement plans for employees located in the United States, (ii) any qualified “defined contribution plans” (as such term is defined under Section 3(34) of ERISA), (iii) any qualified “defined benefit plans” (as such term is defined under Section 3(35) of ERISA) (the plans set forth in clauses (ii) and (iii) are collectively referred to herein as the “Pension Plans”), (iv) any “welfare benefit plans” (as such term is defined under Section 3(1) of ERISA) (the “Welfare Plans”), or and (v) any compensatory fringe benefit or stock option plans, including written individual contracts, employee agreements, plans, programs, or arrangements, whether funded or unfunded, whether or not a Non-U.S. DB Planthat, that currently are, or within the past five fiscal years as of the Company or any Company Subsidiarydate hereof, as appropriate, have been are maintained and sponsored in whole or in part, or contributed to by any of the Company, the Company Subsidiaries and the Company Commonly Controlled Entities, for the benefit of, providing any remuneration or benefits to, or covering any current or former employee or retiree, any dependent, spouse or other family member or beneficiary of such employee or retiree, or any director, independent contractor, member, officer, consultant of any of the Company, the Company Subsidiaries and the Company Commonly Controlled Entities, or under (or in connection with) which the Company or any Company Subsidiary may have any liability (collectively clauses (i)-(vi) through (v) are referred to as “Company Benefit Plans”).

Employee Benefit Plans; Labor. (a) Except as set forth in Section 3.10(a) of the Company Disclosure Letter, neither none of the Company, any Company Subsidiary, nor any Company Subsidiary Commonly Controlled Entity maintains or contributes to (i) any nonqualified deferred compensation compensation, post-termination or retirement plans for employees located in the United Statesemployees, (ii) any qualified “defined contribution plans” (as such term is defined under Section 3(34) of ERISA (whether or not subject to ERISA)), (iii) any qualified other defined contribution pension plan in the relevant country, state, province, territory or the like, (iv) any “defined benefit plans” (as such term is defined under Section 3(35) of ERISA (whether or not subject to ERISA)), (v) any other defined benefit pension plan in the relevant country, state, province, territory or the like (the plans set forth in clauses (ii), (iii), (iv) and (iiiv) are collectively referred to herein as the “Company Pension Plans”), (ivvi) any “employee welfare benefit plans” (as such term is defined under Section 3(1) of ERISA, (vii) any other group insurance benefit arrangements in the relevant country, state, province, territory or the like (whether or not subject to ERISA) (the “Company Welfare Plans”), or (vviii) any compensatory fringe or benefit plans or stock option programs, or equity or equity-based award plans, including written individual contracts, employee agreements, plans, programs, or arrangements, whether funded or unfunded, whether written or not a Non-U.S. DB Planoral, that currently are, or within the past five six (6) fiscal years of the Company or any Company Subsidiary, as appropriate, have been, maintained, contributed to or sponsored (or are or have been maintained and sponsored required to be maintained, contributed to or sponsored) in whole or in part, or contributed to by any of the Company, the Company Subsidiaries and the Company Commonly Controlled Entities, for the benefit of, providing any remuneration or benefits to, or covering any current or former employee or retiree, any dependent, spouse or other family member or beneficiary of such employee or retiree, or any director, independent contractor, member, officer, consultant of any of the Company, the Company Subsidiaries and the Company Commonly Controlled Entities, or under (or in connection with) which the Company or any Company Subsidiary or any of the Company Commonly Controlled Entities may have any liability (collectively clauses (i)-(vi) through (viii) are referred to as “Company Benefit Plans”).

Employee Benefit Plans; Labor. (a) Except as set forth in Section 3.10(a4.9(a) of the Company BCHI Disclosure Letter, neither the Company none of BCHI, any BCHI Subsidiary, nor any Company Subsidiary BCHI Commonly Controlled Entity maintains or contributes to (i) any nonqualified deferred compensation compensation, post-termination or retirement plans for employees located in the United Statesemployees, (ii) any qualified “defined contribution plans” (as such term is defined under Section 3(34) of ERISA (whether or not subject to ERISA)), (iii) any qualified other defined contribution pension plan in the relevant country, state, province, territory or the like, (iv) any “defined benefit plans” (as such term is defined under Section 3(35) of ERISA (whether or not subject to ERISA)), or (v) any other defined benefit pension plan in the relevant country, state, province, territory or the like (the plans set forth in clauses (ii), (iii), (iv) and (iiiv) are collectively referred to herein as the “BCHI Pension Plans”), (ivvi) any “employee welfare benefit plans” (as such term is defined under Section 3(1) of ERISA, or (vii) any other group insurance benefit arrangements in the relevant country, state, province, territory or the like (whether or not subject to ERISA)) (the “BCHI Welfare Plans”), or (vviii) any compensatory fringe or benefit plans or stock option programs, or equity or equity-based award plans, including written individual contracts, employee agreements, plans, programs, or arrangements, whether funded or unfunded, whether written or not a Non-U.S. DB Planoral, that currently are, or within the past five six (6) fiscal years of the Company BCHI or any Company BCHI Subsidiary, as appropriate, have been, maintained, contributed to or sponsored (or are or have been maintained and sponsored required to be maintained, contributed to or sponsored) in whole or in part, or contributed to by any of the CompanyBCHI, the Company BCHI Subsidiaries and the Company BCHI Commonly Controlled Entities, for the benefit of, providing any remuneration or benefits to, or covering any current or former employee or retiree, any dependent, spouse or other family member or beneficiary of such employee or retiree, or any director, independent contractor, member, officer, consultant of any of the CompanyBCHI, the Company BCHI Subsidiaries and the Company BCHI Commonly Controlled Entities, or under (or in connection with) which the Company BCHI or any Company BCHI Subsidiary or any of the BCHI Commonly Controlled Entities may have any liability (collectively clauses (i)-(vi) through (viii) are referred to as “Company BCHI Benefit Plans”).

Employee Benefit Plans; Labor. (a) Except as set forth in Section 3.10(a) of the Company Disclosure LetterLetter sets forth, neither as of the Company nor any Company Subsidiary maintains or contributes to date hereof, a true and complete list of the material (i) any nonqualified deferred compensation or retirement plans for employees Employees located in the United States, (ii) any qualified “defined contribution plans” (as such term is defined under Section 3(34) of ERISA), (iii) any qualified “defined benefit plans” (as such term is defined under Section 3(35) of ERISA) (the plans set forth in clauses (ii) and (iii) are collectively referred to herein as the “Pension Plans”), (iv) any “welfare benefit plans” (as such term is defined under Section 3(1) of ERISA) (the “Welfare Plans”), or and (v) any compensatory fringe benefit or stock option plans, including written individual contracts, employee agreements, plans, programs, or arrangements, whether funded or unfunded, whether or not a Non-U.S. DB Planthat, that currently as of the date hereof, are, or within the past five fiscal years of the Company or any Company Subsidiary, as appropriateapplicable, have been been, maintained and sponsored in whole or in part, or contributed to by any of the Company, the Company Subsidiaries and the Company Commonly Controlled Entities, for the benefit of, providing any remuneration or benefits to, or covering any current or former employee or retireeEmployee, any dependent, spouse or other family member or beneficiary of such employee or retireeEmployee, or any director, independent contractor, member, officer, or consultant of any of the Company, the Company Subsidiaries and the Company Commonly Controlled Entities, or under (or in connection with) which the Company or any Company Subsidiary may have any liability (collectively clauses (i)-(vi) through (v) are referred to as “Company Benefit Plans”).