Common use of Exhibit 4 Clause in Contracts

Exhibit 4. 9.6 correctly sets forth all (i) pension commitments (including retirement, widows’, dependants’ and disability pensions) and old-age part-time schemes and (ii) other employee benefit plans (whether funded or unfunded, on a defined benefit or defined contribution basis, or otherwise) relating to retirement, death, disability, medical benefits or anniversary payments by which the Company is bound (including plans which have been terminated, but in respect of which the Company may still have any obligations or liabilities), other than (A) mandatory employer’s contributions to statutory benefit schemes or (B) sick pay required under mandatory law. All the commitments, schemes and plans set forth, or required to be set forth, in Exhibit 4.9.6 (the “Benefit Plans”) are and have been established, amended and operated in accordance with their terms and applicable law. To Seller’s Knowledge, any adjustments of old-age part-time schemes under the Benefit Plans have been made in accordance with applicable law. True and complete copies of any actuarial reports relating to the Benefit Plans have been delivered to Purchaser prior to the date hereof. All relevant data supplied by the Company to the actuaries for the purpose of preparing such reports are true and correct in all material respects as of the dates as of which such reports have been prepared. To Seller’s Knowledge, any pension or other obligations of the Company under the Benefit Plans have been fully reflected in the Annual Financial Statements in accordance with the requirements of German commercial law pursuant to the Commercial Code (Handelsgesetzbuch). All contributions to the pension security fund (Pensionssicherungsverein) (or similar funds or institutions under the laws of any jurisdiction other than Germany) have been duly accrued and timely paid.

Exhibit 4. 9.6 9 (f) correctly sets forth all (i) pension commitments (including retirement, widows’, dependants’ and disability pensions) and old-age part-time schemes and (ii) other employee benefit plans (whether funded or unfunded, on a defined benefit or defined contribution basis, or otherwise) relating to retirement, death, disability, medical benefits or anniversary payments by which the Company is bound (including plans which have been terminated, but in respect of which the Company may still have any obligations or liabilities), other than (A) mandatory employer’s contributions to statutory benefit schemes, (B) defined contribution schemes or (BC) sick pay required under mandatory law. All the commitments, schemes and plans set forth, or required to be set forth, in Exhibit 4.9.6 4.9 (f) (the “Benefit Plans”) are and have been established, amended and operated in accordance with their terms and applicable law. To Seller’s Knowledge, any adjustments of old-age part-time schemes pensions under the Benefit Plans have been made in accordance with to the maximum extent permitted by applicable law. True and complete copies of any actuarial reports relating to the Benefit Plans have been delivered to Purchaser prior to the date hereof. All relevant data supplied by the Company to the actuaries for the purpose of preparing such reports are true and correct in all material respects as of the dates as of which such reports have been prepared. To Seller’s Knowledge, any pension or other obligations of the Company under the Benefit Plans have been fully reflected in the Annual Reference Financial Statements in accordance with the requirements of German commercial law pursuant up to the Commercial Code (Handelsgesetzbuch)maximum amount permitted under applicable law. All contributions to the pension security fund (Pensionssicherungsverein) (or similar funds or institutions under the laws of any jurisdiction other than Germany) have been duly accrued and timely paid.