Common use of Employee Plan Clause in Contracts

Employee Plan. “Company Employee Plan” shall mean each plan, program, policy, practice or Contract providing for compensation, severance, termination pay, deferred compensation, performance awards, stock or stock-related awards, fringe benefits, change in control payments, sick pay, paid time off, vacation pay, retirement benefits or other benefits or remuneration of any kind, whether or not in writing and whether or not funded, including each “employee benefit plan,” within the meaning of Section 3(3) of ERISA (whether or not ERISA is applicable to such plan): (a) that is or has been maintained or contributed to, or required to be maintained or contributed to, by any of the Alaska Corporations for the benefit of any Company Employee; or (b) with respect to which any of the Alaska Corporations has or may incur or become subject to any liability or obligation; provided, however, that a Company Employee Agreement shall not be considered a Company Employee Plan.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Allos Therapeutics Inc)

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Employee Plan. “Company Employee Plan” shall mean each plan, program, policy, practice or Contract providing for compensation, severance, termination pay, deferred compensation, performance awards, stock or stock-related awards, fringe benefits, change in control payments, sick pay, paid time off, vacation pay, retirement benefits or other benefits or remuneration of any kind, whether or not in writing and whether or not funded, including each “employee benefit plan,” within the meaning of Section 3(3) of ERISA (whether or not ERISA is applicable to such plan): (a) that is or has been maintained or contributed to, or required to be maintained or contributed to, by any of the Alaska API Corporations for the benefit of any Company Employee; or (b) with respect to which any of the Alaska API Corporations has or may incur or become subject to any liability or obligation; provided, however, that a Company Employee Agreement shall not be considered a Company Employee Plan.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Advanced Photonix Inc)

Employee Plan. “Company Employee Plan” shall mean each plan, program, policy, practice or Contract providing for compensation, severance, termination pay, deferred compensation, performance awards, stock or stock-related awards, fringe benefits, change in control payments, sick pay, paid time off, vacation pay, retirement benefits or other benefits or remuneration of any kind, whether or not in writing and whether or not funded, including each “employee benefit plan,” within the meaning of Section 3(3) of ERISA (whether or not ERISA is applicable to such plan): (a) that is or has been maintained or contributed to, or required to be maintained or contributed to, by any of the Alaska Company Corporations for the benefit of any Company EmployeeAssociate; or (b) with respect to which any of the Alaska Company Corporations has or may incur or become subject to any liability or obligation; provided, however, that a Company Employee Agreement shall not be considered a Company Employee Plan.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (TEKMIRA PHARMACEUTICALS Corp)

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Employee Plan. Company Employee Plan” of an Entity shall mean each plan, program, policy, practice or Contract (including any Non-U.S. Plan) providing for compensation, severance, termination pay, deferred compensation, performance awards, stock or stock-related awards, fringe benefits, change in control paymentsretirement benefits, sick pay, paid time off, vacation pay, retirement pension benefits or other benefits or remuneration of any kind, whether or not in writing and whether or not funded, including each “employee benefit plan,” within the meaning of Section 3(3) of ERISA (whether or not ERISA is applicable to such plan): (a) that is or has been maintained or contributed to, or required to be maintained or contributed to, by such Entity or any of the Alaska Corporations its Subsidiaries or Affiliates for the benefit of any Company Employeeof its Associates; or (b) with respect to which such Entity or any of the Alaska Corporations its Subsidiaries or Affiliates has or may incur or become subject to any liability or obligation; provided, however, that a Company an Employee Agreement shall not be considered a Company an Employee Plan.

Appears in 1 contract

Samples: Business Combination Agreement (Applied Materials Inc /De)

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