Common use of Employee Benefits and Labor Matters Clause in Contracts

Employee Benefits and Labor Matters. (a) Section 2.12(a) of the Company Disclosure Schedule sets forth a true and complete list of: all "employee benefit plans", as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), and all other employee benefit plans, programs, agreements, policies, arrangements or payroll practices, including bonus plans, employment, consulting or other compensation agreements, collective bargaining agreements, incentive, equity or equity-based compensation, or deferred compensation arrangements, change in control, termination or severance plans or arrangements, stock purchase, severance pay, sick leave, vacation pay, salary continuation for disability, hospitalization, medical insurance, life insurance and scholarship plans and programs maintained by the Company or any of its subsidiaries or to which the Company or any of its subsidiaries contributed or is obligated to contribute thereunder for current or former employees of the Company or any of its subsidiaries (the "Employees") (the "Company Plans"). Neither the Company nor any of its affiliates and any trade or business (whether or not incorporated) which is or has ever been under common control, or which is or has ever been treated as a single employer, with any of them under Section 414(b), (c), (m) or (o) of the Code ("ERISA Affiliate") or to which the Company or any ERISA Affiliate contributed or has ever been obligated to contribute thereunder within the last six years maintains, sponsors, contributes or is or has been obligated to contribute to any "employee pension plans", as defined in Section 3(2) of ERISA, subject to Title IV of ERISA or Section 412 of the Code (the "Title IV Plans") or to any multiemployer plan, as defined in Section 3(37) of ERISA ("Multiemployer Plan"), or is or has been subject to Sections 4063 or 4064 of ERISA ("Multiple Employer Plans").

Employee Benefits and Labor Matters. (a) Section 2.12(a5.11(a) of the Company Seller Disclosure Schedule sets forth a true and complete list of: all "employee benefit plans", as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), and all other employee benefit plans, programs, agreements, policies, arrangements or payroll practices, including bonus plans, employment, consulting or other compensation agreements, collective bargaining agreements, incentive, equity or equity-based compensation, or deferred compensation arrangements, change in control, termination or severance plans or arrangements, stock purchase, severance pay, sick leave, vacation pay, salary continuation for disability, hospitalization, medical insurance, life insurance and scholarship plans and programs maintained by the Company Seller or any of its subsidiaries Subsidiaries or to which the Company Seller or any of its subsidiaries Subsidiaries contributed or is obligated to contribute thereunder for current or former employees of the Company Seller or any of its subsidiaries Subsidiaries (the "Seller Employees") (the "Company Seller Plans"). Neither the Company Seller nor any of its affiliates Affiliates and any trade or business (whether or not incorporated) which is or has ever been under common control, or which is or has ever been treated as a single employer, with any of them under Section 414(b), (c), (m) or (o) of the Code ("ERISA Affiliate") or to which the Company Seller or any ERISA Affiliate contributed or has ever been obligated to contribute thereunder within the last six years maintains, sponsors, contributes or is or has been obligated to contribute to any "employee pension plans", as defined in Section 3(2) of ERISA, subject to Title IV of ERISA or Section 412 of the Code (the "Title IV Plans") Plans or to any multiemployer plan, as defined in Section 3(37) of ERISA ("Multiemployer Plan"), or is or has been subject to Sections 4063 or 4064 of ERISA ("Multiple Employer Plans").

Employee Benefits and Labor Matters. (a) Section 2.12(a3.11(a) of the Company Disclosure Schedule sets forth a true and complete list of: all "employee benefit plans", as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), and all other employee benefit plans, programs, agreements, policies, arrangements or payroll practices, including bonus plans, employment, consulting or other compensation agreements, collective bargaining agreements, incentive, equity or equity-based compensation, or deferred compensation arrangements, change in control, termination or severance plans or arrangements, stock purchase, severance pay, sick leave, vacation pay, salary continuation for disability, hospitalization, medical insurance, life insurance and scholarship plans and programs maintained by the Company or any of its subsidiaries or to which the Company or any of its subsidiaries contributed or is obligated to contribute thereunder for current or former employees of the Company or any of its subsidiaries (the "Employees") (the "Company Plans"). Neither the Company nor any of its affiliates and any trade or business (whether or not incorporated) which is or has ever been under common control, or which is or has ever been treated as a single employer, with any of them under Section 414(b), (c), (m) or (o) of the Code ("ERISA Affiliate") or to which the Company or any ERISA Affiliate contributed or has ever been obligated to contribute thereunder within the last six years maintains, sponsors, contributes or is or has been obligated to contribute to any "employee pension plans", as defined in Section 3(2) of ERISA, subject to Title IV of ERISA or Section 412 of the Code (the "Title IV Plans") or to any multiemployer plan, as defined in Section 3(37) of ERISA ("Multiemployer Plan"), or is or has been subject to Sections 4063 or 4064 of ERISA ("Multiple Employer Plans").

Employee Benefits and Labor Matters. (a) Section 2.12(a3.11(a) of the Company Purchaser Disclosure Schedule sets forth a true and complete list of: all "employee benefit plans", as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), and all other employee benefit plans, programs, agreements, policies, arrangements or payroll practices, including bonus plans, employment, consulting or other compensation agreements, collective bargaining agreements, incentive, equity or equity-based compensation, or deferred compensation arrangements, change in control, termination or severance plans or arrangements, stock purchase, severance pay, sick leave, vacation pay, salary continuation for disability, hospitalization, medical insurance, life insurance and scholarship plans and programs maintained by the Company Purchaser or any of its subsidiaries or to which the Company Purchaser or any of its subsidiaries contributed or is obligated to contribute thereunder for current or former employees of the Company Purchaser or any of its subsidiaries (the "Employees") (the "Company Purchaser Plans"). Neither the Company Purchaser nor any of its affiliates and any trade or business (whether or not incorporated) which is or has ever been under common control, or which is or has ever been treated as a single employer, with any of them under Section 414(b), (c), (m) or (o) of the Code ("ERISA Affiliate") or to which the Company Purchaser or any ERISA Affiliate contributed or has ever been obligated to contribute thereunder within the last six years maintains, sponsors, contributes or is or has been obligated to contribute to any "employee pension plans", as defined in Section 3(2) of ERISA, subject to Title IV of ERISA or Section 412 of the Code (the "Title IV Plans") or to any multiemployer plan, as defined in Section 3(37) of ERISA ("Multiemployer Plan"), or is or has been subject to Sections 4063 or 4064 of ERISA ("Multiple Employer Plans").

Employee Benefits and Labor Matters. (a) Section 2.12(a4.12(a) of the Company Disclosure Schedule sets forth a true and complete list of: all "material “employee benefit plans", ” (as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("“ERISA"”), whether or not subject to ERISA) and all other employee benefit plans, programspolicies, agreements, policiesprograms, arrangements or payroll practices, including bonus plansincluding, bonus, employment, consulting or other compensation agreements, collective bargaining agreementscompensation, incentive, retention, equity or equity-based compensation, or deferred compensation arrangementscompensation, change in control, termination or severance plans or arrangementsseverance, stock purchase, severance pay, sick leave, vacation payvacation, salary continuation for disability, hospitalization, medical health or other welfare, life insurance, life insurance pension, retirement, profit sharing and scholarship plans plans, policies, agreements, programs, arrangements and programs practices sponsored or maintained by the Company or any of its subsidiaries or to which the Company has any current or any of its subsidiaries contributed contingent liability or contributes or is obligated to contribute thereunder for current or former employees employees, directors, Managers, officers and consultants of the Company or any of its subsidiaries (collectively, the "Employees") (the "“Company Plans"”). Neither the The Company nor any of its affiliates and any trade or business (whether or not incorporated) which is or has ever been under common control, or which is or has ever been treated as a single employer, with any of them (or which was during the last six years under common control or treated as a single employer with) the Company under Section 414(b), (c), (m) or (o) of the Code ("“ERISA Affiliate"”) or to which the Company or any ERISA Affiliate contributed or does not and has ever been obligated to contribute thereunder within not in the last six years maintains, sponsors, contributes or is contributed or has been obligated to contribute to any "“employee pension plans"”, as defined in Section 3(2) of ERISA, subject to Title IV of ERISA or Section 412 of the Internal Revenue Code of 1986, as amended (the "Title IV Plans") or to any “Code”), including a “multiemployer plan”, as defined in Section 3(37) of ERISA ERISA. None of the Company Plans provide for post-employment life or health insurance, benefits or coverage for any participant or any beneficiary of a participant, except as may be required under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("Multiemployer Plan"), “COBRA”) and at the expense of the participant or is or has been subject to Sections 4063 or 4064 of ERISA ("Multiple Employer Plans")the participant’s beneficiary.