Common use of Employees and Employee Benefit Plans Clause in Contracts

Employees and Employee Benefit Plans. (a) Section 4.16(a) of the Company Disclosure Schedule contains a correct and complete list identifying each “employee benefit plan,” as defined in Section 3(3) of ERISA, each employment, change of control, individual consulting, severance, vacation, or similar Contract, plan or policy and each other plan or arrangement (written or oral) providing for compensation, bonuses, profit-sharing, stock purchase, stock option or other stock related rights or other forms of incentive or deferred compensation, tax gross-up, relocation, employee loan, vacation benefits, insurance (including any self-insured arrangements), health or medical benefits, employee assistance program, disability or sick leave benefits, workers’ compensation, supplemental unemployment benefits, severance benefits and postemployment or retirement benefits (including compensation, pension, health, medical or life insurance benefits) or other form of benefits, which is maintained, administered or contributed to or required to be contributed to by the Company or any ERISA Affiliate of the Company and covers any current or former employee, director or individual independent contractor of the Company or any of its Subsidiaries, or with respect to which the Company or any of its Subsidiaries has any liability, contingent or otherwise (such plans are referred to collectively herein as the “Employee Plans”). Section 4.16(a) of the Company Disclosure Schedules separately identifies each Employee Plan maintained outside of the United States substantially for the benefit of current and former directors, employees and individual independent contractors who are situated outside of the United States (each, a “Foreign Plan”). True, correct and complete copies of the Employee Plans (and, if applicable, any related trust or funding agreements or insurance policies) and all amendments thereto and written interpretations thereof have been furnished to Parent together with the most recent (i) summary plan descriptions, (ii) annual report (Form 5500 including, if applicable, Schedule B thereto) and the most recent actuarial report, if any, (iii) Internal Revenue Service determination letter, (iv) tax return (Form 990) prepared in connection with any such plan or trust, and (v) written descriptions of all non-written agreements relating to the Employee Plans, in each case, only if applicable.

Employees and Employee Benefit Plans. (a) Section 4.16(a) Parent has in its Parent SEC Documents described, or filed as an exhibit, all of the Company Disclosure Schedule contains a correct and complete list identifying each following types of documents, agreements, plans or arrangements that are required by federal securities laws to be described in, or filed as an exhibit to, forms filed with the SEC: material “employee benefit planplans,” as defined in Section 3(3) of ERISA, each employment, change of control, individual consulting, severance, vacation, severance or similar Contract, plan Contracts and other plans or policy and each other plan or arrangement arrangements (written or oral) providing for compensation, bonuses, commission, profit-sharing, stock purchase, stock option or other stock related rights or other forms of incentive or deferred compensation, tax gross-up, relocation, employee loan, vacation benefits, insurance (including any self-insured arrangements), health or medical benefits, employee assistance programprograms, disability or sick leave benefits, workers’ compensation, supplemental unemployment benefits, severance benefits, change of control payments, post-employment or retirement benefits and postemployment or retirement other time-off benefits (including compensation, pension, health, medical or life insurance benefits) or other form of benefits, which is are maintained, administered or contributed to or required to be contributed to by the Company Parent or any ERISA Affiliate of the Company and covers any current employee or former employee, director or individual independent contractor employee of the Company or any of its SubsidiariesParent, or with respect to which the Company or any of its Subsidiaries Parent has any liability, contingent or otherwise liability (such plans are referred to collectively herein as the “Employee Parent Benefit Plans”). Section 4.16(a) Parent and its Subsidiaries are in material compliance with all Applicable Laws relating to labor, employment, fair employment practices, terms and conditions of employment, and wages and hours, and with the terms of the Company Disclosure Schedules separately identifies Parent Benefit Plans; and each Employee such Parent Benefit Plan maintained outside is in compliance with all applicable requirements of the United States substantially for the benefit of current and former directorsERISA, employees and individual independent contractors who are situated outside of the United States (each, a “Foreign Plan”). True, correct and complete copies of the Employee Plans (and, if applicable, any related trust or funding agreements or insurance policies) and all amendments thereto and written interpretations thereof have been furnished to Parent together with the most recent (i) summary plan descriptions, (ii) annual report (Form 5500 including, if applicable, Schedule B thereto) and the most recent actuarial report, if any, (iii) Internal Revenue Service determination letter, (iv) tax return (Form 990) prepared in connection with any such plan or trust, and (v) written descriptions of all non-written agreements relating to the Employee Plansexcept, in each case, only if applicablewhere the failure to comply would not reasonably be expected to have a Parent Material Adverse Effect. To Parent’s Knowledge, none of Parent’s or its Subsidiaries’ executive officers are obligated under any Contract or other agreement, or subject to any judgment, decree or order of any Governmental Authority, that would interfere with the use of his or her employment obligations to Parent or its Subsidiaries or that would conflict with Parent’s and its Subsidiaries’ business as now conducted or proposed to be conducted, except for such Contracts and other agreements, judgments, decrees and orders that would not reasonably be expected have a Parent Material Adverse Effect.

Employees and Employee Benefit Plans. Schedule 4.11(a) hereto contains a true and complete list of all of the current employees of each Seller or any Seller's Affiliate who provides substantial services to the Business (aexcluding, as "Excluded Employees" (i) any such employees assigned to the corporate staff and technology departments of Parent and (ii) those such employees identified on Schedule 4.11(a) hereto as contemplated by Sellers for termination prior to the commencement of negotiations with respect to the transactions contemplated by this Agreement) ("Business Employees"), including each such Business Employee's title, job description (including classification), hire date and current annual salary and most recent annual (or other) bonus or incentive compensation awarded. Schedule 4.11(b) hereto contains a true and complete list of each employee benefit plan, practice, agreement, policy and arrangement maintained by any Seller or any Seller's Affiliate and which provides benefits, payments or compensation for any Business Employee ("Plans"). Each Plan is being maintained in substantial compliance with all applicable laws and pursuant to the terms thereof. No Seller or any entity required to be aggregated therewith pursuant to the requirements of Section 4.16(a414(b) or (c) of the Company Disclosure Code and/or Section 4001(b) of ERISA has incurred or could reasonably be expected to incur any material liability under Title IV of ERISA (other than for the payment of Pension Benefit Guaranty Corporation premiums payable in the ordinary course) and/or any accumulated funding deficiency under the minimum funding requirements of Section 412 of the Code. Schedule 4.11(c) hereto contains a correct true and complete list identifying of each “employee benefit plan,” as defined in Section 3(3) of ERISA, each employmentpractice, change of controlagreement, individual consulting, policy and arrangement which provides for severance, vacation, or similar Contract, plan or policy termination and/or outplacement benefits and/or payments for any Business Employee ("Severance Plans"). Sellers have provided to Purchaser a true and complete copy of each other plan or arrangement (written or oral) providing for compensation, bonuses, profit-sharing, stock purchase, stock option or other stock related rights or other forms of incentive or deferred compensation, tax gross-up, relocation, employee loan, vacation benefits, insurance (including any self-insured arrangements), health or medical benefits, employee assistance program, disability or sick leave benefits, workers’ compensation, supplemental unemployment benefits, severance benefits and postemployment or retirement benefits (including compensation, pension, health, medical or life insurance benefits) or other form of benefits, which is maintained, administered or contributed to or required to be contributed to by the Company or any ERISA Affiliate of the Company and covers Severance Plans. Except as set forth on Schedule 4.11(c) hereto, during the 12-month period immediately preceding the Signing Date, no material modifications have been made to any current or former employee, director or individual independent contractor of the Company or any of its Subsidiaries, or with respect to which the Company or any of its Subsidiaries has any liability, contingent or otherwise (such plans are referred to collectively herein as the “Employee Severance Plans”). Section 4.16(a) of the Company Disclosure Schedules separately identifies each Employee Plan maintained outside of the United States substantially for the benefit of current and former directors, employees and individual independent contractors who are situated outside of the United States (each, a “Foreign Plan”). True, correct and complete copies of the Employee Plans (and, if applicable, any related trust or funding agreements or insurance policies) and all amendments thereto and written interpretations thereof have been furnished to Parent together with the most recent (i) summary plan descriptions, (ii) annual report (Form 5500 including, if applicable, Schedule B thereto) and the most recent actuarial report, if any, (iii) Internal Revenue Service determination letter, (iv) tax return (Form 990) prepared in connection with any such plan or trust, and (v) written descriptions of all non-written agreements relating to the Employee Plans, in each case, only if applicable.

Employees and Employee Benefit Plans. Schedule 3.13(a) hereto contains a true and complete list of all of the current employees of Fremont who are involved with the Business (a"Business Employees") (excluding, as "Excluded Employees," those such employees identified on Schedule 3.13(a) hereto as contemplated by Fremont for termination prior to the commencement of negotiations with respect to the transactions contemplated by this Agreement), including each such Business Employee's title, job description (including classification), hire date and current annual salary and most recent annual (or other) bonus or incentive compensation awarded. Schedule 3.13(b) hereto contains a true and complete list of each employee benefit plan, practice, agreement, policy and arrangement maintained, or contributed to, by Fremont and which provides benefits, payments or compensation for any Business Employee ("Plans"). Fremont has provided to Employers Insurance copies of all Plans and all material documents related thereto. Each Plan is being maintained in substantial compliance with all applicable laws and pursuant to the terms thereof. Neither Fremont nor any entity required to be aggregated therewith pursuant to the requirements of Section 4.16(a414(b) or (c) of the Company Disclosure Code and/or Section 4001(b) of ERISA contributes to, or has in the last six years contributed to, or has an obligation to contribute to a multiemployer plan (as that term is defined in Section 4001(a) of ERISA), or has incurred, or could reasonably be expected to incur, any liability under Title IV of ERISA (other than for the payment of Pension Benefit Guaranty Corporation premiums payable in the ordinary course) and/or any accumulated funding deficiency under the minimum funding requirements of Section 412 of the Code. Schedule 3.13(c) hereto contains a correct true and complete list identifying of each “employee benefit plan,” as defined in Section 3(3) of ERISA, each employmentpractice, change of controlagreement, individual consulting, policy and arrangement which provides for severance, vacationtermination and/or outplacement benefits and/or payments for any Business Employee ("Severance Plans"). Fremont has provided to Employers Insurance a true and complete copy of each of the Severance Plans. Except as set forth on Schedule 3.13(c) hereto, or similar Contractduring the 12-month period immediately preceding the date of this Agreement, plan or policy and each other plan or arrangement (written or oral) providing for compensation, bonuses, profit-sharing, stock purchase, stock option or other stock related rights or other forms no material modifications have been made to any of incentive or deferred compensation, tax gross-up, relocation, employee loan, vacation benefits, insurance (including any self-insured arrangements), health or medical benefits, employee assistance program, disability or sick leave benefits, workers’ compensation, supplemental unemployment benefits, severance benefits and postemployment or retirement benefits (including compensation, pension, health, medical or life insurance benefits) or other form of benefits, which is maintained, administered or contributed to or required the Severance Plans. Each Plan intending to be contributed to by the Company or any ERISA Affiliate of the Company and covers any current or former employee, director or individual independent contractor of the Company or any of its Subsidiaries, or with respect to which the Company or any of its Subsidiaries has any liability, contingent or otherwise (such plans are referred to collectively herein as the “Employee Plans”). qualified under Section 4.16(a401(a) of the Company Disclosure Schedules separately identifies each Employee Plan maintained outside Code meets the requirements of 401(a), has received a favorable determination letter from the United States substantially for the benefit of current and former directors, employees and individual independent contractors who are situated outside of the United States (each, a “Foreign Plan”). True, correct and complete copies of the Employee Plans (and, if applicable, any related trust or funding agreements or insurance policies) and all amendments thereto and written interpretations thereof have been furnished to Parent together with the most recent (i) summary plan descriptions, (ii) annual report (Form 5500 including, if applicable, Schedule B thereto) and the most recent actuarial report, if any, (iii) Internal Revenue Service to such effect and Fremont is not aware of any facts or circumstances that could result in the revocation of such determination letter, (iv) tax return (Form 990) prepared in connection with any such plan or trust. Except for COBRA, and (vPlans intended to be qualified under Section 401(a) written descriptions of all non-written agreements relating the Code, no Plans provide benefits to the Employee Plans, in each case, only if applicableemployees or former employees following their termination of employment.

Employees and Employee Benefit Plans. (a) Section 4.16(a3.19(a) of the Company Disclosure Schedule contains a correct and complete list identifying sets forth with respect to each “current employee benefit plan,” as defined in Section 3(3) of ERISA, each employment, change of control, individual consulting, severance, vacation, or similar Contract, plan or policy and each other plan or arrangement (written or oral) providing for compensation, bonuses, profit-sharing, stock purchase, stock option or other stock related rights or other forms of incentive or deferred compensation, tax gross-up, relocation, employee loan, vacation benefits, insurance the Acquired Companies (including any self-insured arrangementsEmployee who is on a leave of absence of any nature, paid or unpaid, authorized or unauthorized, including disability, family, maternity or other leave, sick leave or on layoff status subject to recall): (i) the name of such employee and the date as of which such employee was originally hired by each of the Acquired Companies and whether the employee is on active or inactive status, (ii) such employees title (iii) annualized compensation as of the date of this Agreement (or as of the date of departure, if applicable), health or medical benefitsincluding base salary, vacation and/or paid time off accrual amounts, bonus and/or commission potential, severance pay potential and any other compensation forms; (iv) whether such employee assistance program, is not fully available to perform the essential functions of its job because of a qualified disability or sick other leave benefits, workers’ compensation, supplemental unemployment benefits, severance benefits and postemployment or retirement benefits (including compensation, pension, health, medical or life insurance benefits) or other form of benefits, which is maintained, administered or contributed to or required to be contributed to by the Company or any ERISA Affiliate of the Company and covers any current or former employee, director or individual independent contractor of the Company or any of its Subsidiaries, or with respect to which the Company or any of its Subsidiaries has any liability, contingent or otherwise (such plans are referred to collectively herein as the “Employee Plans”). Section 4.16(a) of the Company Disclosure Schedules separately identifies each Employee Plan maintained outside of the United States substantially for the benefit of current and former directors, employees and individual independent contractors who are situated outside of the United States (each, a “Foreign Plan”). True, correct and complete copies of the Employee Plans (and, if applicable, any related trust the type of leave (e.g. illness, workers compensation, family, maternity or funding agreements or insurance policiesother leave protected by applicable Law) and all amendments thereto anticipated date of return to full service; (v) which entity employs the employee; (vi) the facility at which such employee is deemed to be located; (vii) each current Employee Plans in which such employee participates or is eligible to participate; (viii) any governmental authorization, permit or license that is held by such employee and written interpretations thereof have been furnished to Parent together with the most recent (i) summary plan descriptions, (ii) annual report (Form 5500 including, if applicable, Schedule B thereto) and the most recent actuarial report, if any, (iii) Internal Revenue Service determination letter, (iv) tax return (Form 990) prepared that is used in connection with the any of the Acquired Companies business; (y) with respect to each of the Acquired Companies employees, whether each such plan employee has executed the respective Acquired Companies standard form nondisclosure, confidentiality and assignment of inventions agreement. None of the Acquired Companies has any outstanding liability (contingent or trustotherwise) and, and (v) written descriptions of all non-written agreements relating to the Employee PlansKnowledge of the Company, in each casethere is no reasonable basis for any liability (contingent or otherwise) related to any employee whose employment with any Acquired Company has terminated since January 1, only if applicable2007.

Employees and Employee Benefit Plans. (a) Section 4.16(a4.11(a) of the Company Disclosure Schedule contains Letter sets forth a complete and correct and complete list identifying of each “employee benefit plan,” as defined in Section 3(3) of ERISAmaterial Company Benefit Plan (including, each employmentto the extent applicable, change of control, individual consulting, severance, vacation, or similar Contract, plan or policy and each other plan or arrangement (written or oral) providing for compensation, bonuses, profit-sharing, stock purchase, stock option or other stock related rights or other forms of incentive or deferred compensation, tax gross-up, relocation, employee loan, vacation benefits, insurance (including any self-insured arrangements), health or medical benefits, employee assistance program, disability or sick leave benefits, workers’ compensation, supplemental unemployment benefits, severance benefits and postemployment or retirement benefits (including compensation, pension, health, medical or life insurance benefits) or other form of benefits, which is maintained, administered or contributed to or required to be contributed to by the Company or any ERISA Affiliate Benefit Plan maintained outside of the Company and covers United States or which provides compensation or benefits primarily for the benefit of any current employee or former employee, director or individual independent contractor employee of the Company or any of its Subsidiaries, or with respect to which the Company or any of its Subsidiaries has any liability, contingent or otherwise (such plans are referred to collectively herein as the “Employee Plans”). Section 4.16(a) of the Company Disclosure Schedules separately identifies each Employee Plan maintained who primarily resides outside of the United States substantially for the benefit of current and former directors, employees and individual independent contractors who are situated outside of the United States (each, a “Foreign Plan”)). TrueWith respect to each material Company Benefit Plan, a true, correct and complete copies copy of each of the Employee Plans (andfollowing documents, if applicable, any related trust or funding agreements or insurance policies) and all amendments thereto and written interpretations thereof have modifications to such documents, has been furnished made available to Parent together with the most recent Parent: (i) summary the written document evidencing such Company Benefit Plan or, with respect to any such plan descriptionsthat is not in writing, a written description of the material terms thereof, and all amendments, modifications or material supplements to such Company Benefit Plan, (ii) the annual report (Form 5500 including5500), if applicableany, Schedule B theretofiled with the U.S. Internal Revenue Service (“IRS”) and for the last plan year, (iii) the most recently received IRS determination letter or opinion letter, if any, relating to such Company Benefit Plan, (iv) the most recent actuarial reportreport and/or financial statement, if any, (iii) Internal Revenue Service determination letterrelating to such Company Benefit Plan, (ivv) tax return (Form 990) prepared in connection with the most recent summary plan description and any summaries of material modification relating to such plan or trustCompany Benefit Plan, and (vvi) written descriptions any related insurance, trust and administration agreements. Except as has not had and would not reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect: (w) all Company Benefit Plans comply and have been established, maintained, funded, operated, and administered in accordance with their terms and the requirements of all Laws applicable thereto (including ss1-99A Xxxxxxxx Xxx 0000 applicable from time to time); (x) there are no actions, audits, investigations, suits or claims (other than routine claims for benefits) pending or, to the Knowledge of the Company, threatened, involving any Company Benefit Plan; (y) there have been no non-written agreements relating exempt “prohibited transactions” within the meaning of Section 4975 of the Code or Section 406 or 407 of ERISA with respect to any Company Benefit Plan, the Company or any of its Subsidiaries or, to the Employee PlansKnowledge of the Company, any other “fiduciary” with respect to a Company Benefit Plan, and (z) no event has occurred, and no conditions or circumstance exists, that would reasonably be expected to subject the Company, or any “group health plan” (as defined in each caseSection 733(a)(1) of ERISA) to penalties or excise taxes under Sections 4980D, only if applicable4980H, or 4980I of the Code or any other provision of the Healthcare Reform Laws. Each Company Benefit Plan has been maintained and operated in documentary and operational compliance in all material respects with Section 409A of the Code or an available exemption therefrom.

Employees and Employee Benefit Plans. (a) Section 4.16(a) of the Company Disclosure Schedule contains a correct and complete list identifying each “employee benefit plan,” as defined in Section 3(3) of ERISA, including, without limitation, (i) each multiemployer plan as defined in Section 4001(a)(3) of ERISA; (ii) each employment, change of control, individual consulting, severance, vacation, change-in-control or similar Contract, ; (iii) each collective bargaining or similar Contract; (iv) each plan or policy and each other plan or arrangement (written or oral) providing for compensation, bonuses, profit-sharing, severance, change-in-control, retention, stock purchase, stock option or other stock related rights or other forms of incentive or deferred compensation, tax gross-upvacation benefits, relocation, employee loan, vacation fringe benefits, insurance (including any self-insured arrangements), health or medical benefits, employee loan, employee assistance program, disability or sick leave benefits, workers’ compensation, supplemental unemployment benefits, severance benefits and postemployment post-employment or retirement benefits (including compensation, pension, health, medical or life insurance benefits) or other form of benefits, in each case, which is maintained, administered or administered, contributed to or required to be contributed to by the Company or any ERISA Affiliate of the Company and covers any current employee or former employee, director or individual independent contractor employee of the Company or any of its Subsidiaries, or with respect to which the Company or any of its Subsidiaries has had or has any present or future liability, contingent or otherwise (such plans are referred to collectively herein as the “Employee Plans”). Section 4.16(a) of the Company Disclosure Schedules Schedule separately identifies each Employee Plan that is maintained outside on behalf of the United States substantially for the benefit of current and former directors, employees and individual independent contractors who are situated individuals residing or working outside of the United States (each, each such plan shall be referred to herein as a “Foreign Benefit Plan”). True, correct and complete copies Copies of the each Employee Plans Plan (and, if applicable, any the related trust or agreements, funding agreements or agreements, insurance policies, audited financial statements and actuarial valuation reports) and all amendments thereto thereto, and written interpretations thereof (including summary plan descriptions, if applicable), have been furnished to Parent together with the most recent (i) summary plan descriptions, (ii) annual report (Form 5500 including, if applicable, Schedule B thereto) and the most recent actuarial report, if any, (iii) Internal Revenue Service determination letter, (iv) tax return (Form 990) prepared in connection with any such plan or trust, and (v) written descriptions of all non-written agreements relating to the Employee Plans, in each case, only if applicable.

Employees and Employee Benefit Plans. (a) Section 4.16(aA list of all Business Employees as of the date hereof is set forth on Schedule 1.1 of the Disclosure Schedules, which list shall be updated as of five Business Days prior to the Closing to reflect changes to the Business Employees consistent with this Agreement (provided, that any such changes shall be limited to terminations of employment by a Business Employee and hiring of any additional Business Employee to replace any Business Employee in accordance with this Agreement, and other changes permitted by this Agreement), and which list sets forth for each Business Employee their: (i) name; (ii) job title; (iii) work location; (iv) current annual salary or hourly wage rate (as applicable); (v) hire date; (vi) target bonus, commissions, and other incentive compensation; (vii) accrued but unused vacation or paid time off balance; (viii) active or inactive status, if applicable (including type of leave and expected return date); (ix) exempt or non-exempt classification; (x) visa status (including type of visa and sponsoring entity); (xi) employing entity; and (xii) union status. The Business Employees set forth on Schedule 1.1 of the Disclosure Schedule currently have exclusively or primarily provided services to the Company Entities, and other than the Business Employees, there are no individuals employed by the Seller, any of its Affiliates, or the Company Entities who exclusively or primarily provide services to the Company Entities. Except as disclosed on Schedule 4.10(a) of the Company Disclosure Schedule contains a correct Schedules: (A) Seller and complete list identifying each “employee benefit plan,” as defined in Section 3(3) of ERISAits Affiliates, each employment, change of control, individual consulting, severance, vacation, or similar Contract, plan or policy and each other plan or arrangement (written or oral) providing for compensation, bonuses, profit-sharing, stock purchase, stock option or other stock related rights or other forms of incentive or deferred compensation, tax gross-up, relocation, employee loan, vacation benefits, insurance (including any self-insured arrangements), health or medical benefits, employee assistance program, disability or sick leave benefits, workers’ compensation, supplemental unemployment benefits, severance benefits and postemployment or retirement benefits (including compensation, pension, health, medical or life insurance benefits) or other form of benefits, which is maintained, administered or contributed with respect to or required to be contributed to by the Company or any ERISA Affiliate business of the Company Entities and covers the Business Employees, and the Company Entities are neither party to, nor bound by, any current Labor Agreement or former employeebargaining relationship with any labor union, director works council, labor organization or individual independent contractor employee representative; (B) no Business Employee is represented by a labor union, works council, employee representative or labor organization; and (C) there is no collective bargaining agreement or other Contract with a labor union, works council, employee representative or labor organization covering any Business Employee. There are no pending or, to the Knowledge of the Seller, threatened Actions concerning actual or alleged violations of labor or employment Laws against Seller and its Affiliates, with respect to the business of the Company or any of its SubsidiariesEntities and the Business Employees, or with respect to which against the Company or any of its Subsidiaries has any liability, contingent or otherwise (such plans are referred to collectively herein as the “Employee Plans”). Section 4.16(a) of the Company Disclosure Schedules separately identifies each Employee Plan maintained outside of the United States substantially for the benefit of current and former directors, employees and individual independent contractors who are situated outside of the United States (each, a “Foreign Plan”). True, correct and complete copies of the Employee Plans (and, if applicable, any related trust or funding agreements or insurance policies) and all amendments thereto and written interpretations thereof have been furnished to Parent together with the most recent (i) summary plan descriptions, (ii) annual report (Form 5500 including, if applicable, Schedule B thereto) and the most recent actuarial report, if any, (iii) Internal Revenue Service determination letter, (iv) tax return (Form 990) prepared in connection with any such plan or trust, and (v) written descriptions of all non-written agreements relating to the Employee Plans, in each case, only if applicableEntities.