ERISA Compliance; Labor. (i) Set forth on Disclosure Schedule 3.1(p)(i) is a list of all Employee Benefit Plans. Except as set forth on Disclosure Schedule 3.1(p)(i):
ERISA Compliance; Labor. (a) Section 7.10(a) of the Pinnacle Disclosure Schedule contains a complete and correct list of each Pinnacle Plan. With respect to each Pinnacle Plan, CEH LLC has heretofore delivered or made available to the Company true and correct copies of the Pinnacle Plan and any amendments thereto (or if the Pinnacle Plan is not a written plan, a description thereof) and the most recent determination letter received from the Internal Revenue Service with respect to each Pinnacle Plan intended to qualify under Section 401 of the Code. There has been no amendment to, written interpretation of or announcement (whether or not written) by Pinnacle or any of its Subsidiaries relating to, or change in employee participation or coverage under, any Pinnacle Plan that would increase materially the expense of maintaining such Pinnacle Plan above the level or expense incurred in respect thereof for the most recent fiscal year ended prior to the date hereof. Except as set forth in Section 7.10(a) of the Pinnacle Disclosure Schedule, neither Pinnacle nor any other entity required to be aggregated with Pinnacle under Section 414(b), 414(c) or 414(m) of the Code (the "Pinnacle Aggregated Group") sponsors, and neither Pinnacle nor any member of the Pinnacle Aggregated Group has sponsored since the inception of Pinnacle, a "defined benefit plan" as such term is defined in Section 3(35) of ERISA (each such defined benefit plan, a "Pinnacle Pension Plan"). Except as set forth in Section 7.10(a) of the Pinnacle Disclosure Schedule, neither Pinnacle nor any member of the Pinnacle Aggregated Group has contributed or been obligated to contribute at any time to any "multi-employer plan" as such term is defined in Section 3(37) or Section 4001(a)(3) of ERISA. Neither Pinnacle nor any member of the Pinnacle Aggregated Group has any liability under Title IV of ERISA, except for the payment of premiums to the Pension Benefit Guaranty Corporation (which premiums have been paid when due).
ERISA Compliance; Labor. (i) The present value of all accrued benefits (vested and unvested) under all the Employee Pension Benefit Plans, which Seller or any other trades or businesses under common control within the meaning of Section 4001(b)(1) of ERISA with Seller (collectively, the "ERISA Group") maintains, or to which Seller or any member of the ERISA Group is or has been obligated to contribute (the "Pension Plans"), did not, as of the respective last annual valuation dates for such Pension Plans, exceed the value of the assets of such Pension Plan allocable to such benefits. None of such Pension Plans subject to Title IV of ERISA or any of their related trusts has been terminated or partially terminated. Neither Seller or any member of the ERISA Group has contributed or been obligated to contribute to any Multiemployer Plan. Except as set forth on Schedule 3.1(p), neither Seller nor any member of the ERISA Group has any Employee Benefit Plans.
ERISA Compliance; Labor. (i) Neither the Company nor any of its Subsidiaries or any other trades or businesses under common control within the meaning of Section 4001(b)(1) of ERISA with the Company or any of its Subsidiaries (collectively, the "Company ERISA Group") has within the six years prior to the ------------------- Closing Date maintained or contributed to any Employee Benefit Plan that has been subject to Title IV of ERISA. Each Company Employee Benefit Plan has been administered in compliance in all material respects with its terms, the applicable provisions of ERISA, the Code and all other Applicable Laws. Except as set forth on Schedule 4.1(p) of the Company Disclosure Schedule, there are no --------------- Company Employee Benefit Plans.
ERISA Compliance; Labor. (i) Neither Concentra nor any of its Subsidiaries or any other trades or businesses under common control within the meaning of Section 4001(b)(1) of ERISA with Concentra or any of its Subsidiaries (collectively, the Concentra ERISA Group") has within the six years prior to the Closing Date --------------------- maintained or contributed to any Employee Pension Benefit Plan that has been subject to Title IV of ERISA. Each Concentra Employee Benefit Plan has been administered in compliance with its terms, the applicable provisions of ERISA, the Code and all other Applicable Laws. In connection with the Merger, no payments have or will be made which would, in the aggregate, result in the imposition of the sanctions imposed under Sections 280G and 4999 of the Code. Except as set forth on Schedule 4.2(n) of the Concentra Disclosure Schedule, --------------- there are no Concentra Employee Benefit Plans.
ERISA Compliance; Labor. (i) Except as set forth on Company Disclosure Schedule 3.1(t), neither the Company nor any other entity required to be aggregated with the Company under Section 414 of the Code (the “Aggregated Group”) sponsors, maintains or contributes to any Employee Benefit Plan.
ERISA Compliance; Labor. (i) The present value of all accrued benefits (vested and unvested) under all the "employee pension benefit plans" as such term is defined in Section 3(2) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), which the Company or any other trades or businesses under common control within the meaning of Section 4001(b)(1) of ERISA with the Company (collectively, the "ERISA Group") maintains, or to which the Company or any member of the ERISA Group is obligated to contribute (the "Pension Plans"), did not, as of the respective last annual valuation dates for such Pension Plans, exceed the value of the assets of such Pension Plan allocable to such benefits. None of the Pension Plans subject to Section 302 of ERISA has incurred any "accumulated funding deficiency," as such term is defined in Section 302 of ERISA (whether or not waived) since the effective date of such Section 302. Neither the Company nor any member of the ERISA Group, nor any officer of the Company or any member of the ERISA Group, or any trustee or administrator of any Employee Benefit Plan or trust created thereunder, has engaged in a "prohibited transaction," as such term is described in Section 4975 of the Code, which has subjected or which could subject the Company or any member of the ERISA Group, any officer of the Company or any of its subsidiaries or any of such plans or any trust to any tax or penalty on prohibited transactions imposed by such Section 4975. The ERISA Group does not maintain any Pension Plans subject to Title IV of ERISA. Except as set forth on Schedule 2.1(p), neither the Company nor any member of the ERISA Group has contributed or been obligated to contribute to any "multiemployer plan" as such term is defined in Section 3(37) or Section 4001(a)(3)
ERISA Compliance; Labor. (i) Company Disclosure Schedule 3.1(o) sets forth a complete and accurate list of all Employee Benefit Plans and their respective effective dates. True and complete copies of each Employee Benefit Plan (including, without limitation, all amendments and related trusts, insurance policies and similar funding vehicles, determination letters and all Forms 5500 filed for each Employee Benefit Plan), and summary plan descriptions, have been provided to Parent.
ERISA Compliance; Labor. (a) Set forth on Disclosure Schedule 3.19(a) is a list of all Employee Benefit Plans. No Employee Benefit Plan benefits individuals who reside outside of the United States or is subject to laws other than the laws of the United States.
ERISA Compliance; Labor. (a) SCHEDULE 3.10 is a list of the names and annual rates of compensation of the employees of PPS whose annual rates of compensation during the fiscal year ending December 31, 1997 (including base salary, bonuses, commissions and incentive pay), exceeded or are expected to exceed $50,000 and provides a description of each of the following which is sponsored, maintained or contributed to by PPS for the benefit of the employees of PPS, former employees of PPS, directors of PPS, former directors of PPS, or any agents, consultants or similar representatives providing services to or for PPS, or has been so sponsored, maintained or contributed to within six years prior to the Closing Date for the benefit of such individuals:
