For Employee Benefit Plans Sample Clauses

For Employee Benefit Plans. A certificate of an appropriate officer certifying that the subscription has been authorized and identifying the individual empowered to sign the Subscription Documents.
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For Employee Benefit Plans. (i) Is an employee benefit plan within the meaning of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), and the decision to invest in the Company was made by a plan fiduciary (as defined in Section 3(21) of ERISA), which is either a bank, savings and loan association, insurance company or registered investment adviser. The name of such plan fiduciary is: ;
Sample 1
For Employee Benefit Plans. (INCLUDING XXXXX PLANS): Initial ____ (a) The undersigned is an employee benefit plan within the meaning of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), and the decision to invest in the Company was made by a plan fiduciary (as defined in Section 3(21) of ERISA), which is either a bank, savings and loan association, insurance company or registered investment advisor. With respect to undersigned, none of the Company, Shoreline Pacific Institutional Finance, the Institutional Division of Financial West Group ("Shoreline Pacific"), counsel for the Company nor, to the knowledge of the undersigned, any of their affiliates, is currently, has within the prior 12 months or will (other than as may occur through the Purchase Agreement relating to the Preferred Shares) exercise, or have exercised, any discretionary authority or control over plan management or plan assets; render, or have rendered, investment advice with respect to plan assets for a direct or indirect fee or other compensation; or have, or have had, any discretionary authority or responsibility in plan administration. Please state the name of each plan fiduciary with respect to the plan: __________________________________________________________________ __________________________________________________________________ or Initial ____ (b) The undersigned is an employee benefit plan within the meaning of ERISA and has total assets in excess of $5,000,000. With respect to undersigned, none of the Company, Shoreline Pacific, counsel for the Company nor, to the knowledge of the undersigned, any of their affiliates, is currently, has within the prior 12 months or will (other than as may occur through the Purchase Agreement relating to the Preferred Shares) exercise, or have exercised, any discretionary authority or control over plan management or plan assets; render, or have rendered, investment advice with respect to plan assets for a direct or indirect fee or other compensation; or have, or have had, any discretionary authority or responsibility in plan administration. or Initial ____ (c) The undersigned is an employee benefit plan within the meaning of ERISA, the plan is self-directed, and the investment decision is being made by a plan participant who is an accredited investor with a net worth of at least $1,000,000 or with annual income of at least $200,000 (individual) or $300,000 (joint). With respect to undersigned, none of the Company, Shoreline Pacific, counsel for t...
Sample 1
For Employee Benefit Plans o (BS) The Subscriber hereby certifies that it is an accredited investor because it is an employee benefit plan within the meaning of the U.S. Employee Retirement Income Security Act of 1974, as amended ("ERISA"), and the decision to invest in the Partnership was made by a plan fiduciary (as defined in section 3(21) of ERISA), which is either a bank, savings and loan association, insurance company or registered investment adviser. The name of such plan fiduciary is: o (B6) The Subscriber hereby certifies that it is an accredited investor because it is an employee benefit plan within the meaning of ERISA and has total assets in excess ofU.S.$S,OOO,OOO. IIIl (B7) The Subscriber hereby certifies that it is an accredited investor because it is a plan established and maintained by a state, its political subdivisions, or any agency or instrumentality of a state or its political subdivisions for the benefit of its employees, and has total assets in excess ofU.S.$S,OOO,OOO. For Individual Retirement Accounts ("IRAs''), Xxxxx Plans and Self-Directed Plans: o (B8) With respect to XXX and Xxxxx Plans, the Subscriber hereby certifies that it is an accredited investor because the plan holder has directed the, ~~estment and such plan holder has a net worth of at least U.S.$I,OOO,OOOe,xcluding the value ofsu~~pian holder or-his or her spouse's primary residence, or has had an Individual Income (as define4jb~~c!J())9::V:III) 9£fu9t6 than U.S.$200,000 in each of the past two years, or Joint Income (as define.4'Jn:~SectionViIi) with~his or her spouse of more than U.S.$300,000 in each of those years, and he or $lte~'real?9na61ye',~pects'to reach the same income level in the current year. " ,C-,~:~;' ,(;:,(,> '\ .. o ''-. /; ;/..-:'
Sample 1
For Employee Benefit Plans. The Subscriber hereby certifies that it is a plan established and maintained by a state, its political subdivisions, or any agency or instrumentality of a state or its political subdivisions, for the benefit of its employees, and has total assets in excess of $5,000,000. The Subscriber hereby certifies that it is an employee benefit plan within the meaning of Title I of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), and the decision to invest in the Company was made by a plan fiduciary (as defined in Section 3(12) of ERISA), which is either a bank, savings and loan association, insurance company or registered investment advisor. The name of the plan fiduciary is: Name: Tax I.D. Number: The Subscriber hereby certifies that it is an employee benefit plan within the meaning of ERISA and has total assets in excess of $5,000,000.
Sample 1

Related to For Employee Benefit Plans

  • Employee Benefit Plans (a) Set forth in Schedule 4.16 of the Parent Disclosure Letter is a list of each of the following that is currently sponsored, maintained, or contributed to by Parent or any of its subsidiaries for the benefit of its or their employees: (i) each "employee pension benefit plan" (as defined in Section 3(2) of ERISA) regardless of whether such plan is maintained outside of the U.S. or primarily for the benefit of persons substantially all of whom are non-resident aliens (sometimes collectively referred to herein as "Parent Pension Plans"); (ii) each "employee welfare benefit plan" (as defined in Section 3(l) of ERISA) regardless of whether such plan is maintained outside of the U.S. or primarily for the benefit of persons substantially all of whom are non-resident aliens (hereinafter a "Parent Welfare Plan"); and (iii) each stock option, stock purchase, incentive, deferred compensation plans or arrangements, vacation, change in control, stay-on bonus plans or arrangements, and other material employee compensation and fringe benefit plans or agreements, maintained, contributed to, or pursuant to which Parent or any of its subsidiaries have any current liability (all the foregoing in subparagraphs (i), (ii), and (iii) being herein called "Parent Employee Plans"), and each Parent Employee Plan currently enjoying any special tax status is noted as such. Parent has made available to WEUS true, complete, and correct copies of (i) each Parent Employee Plan and any subsequently adopted amendments thereto (or, in the case of unwritten Parent Employee Plans, descriptions thereof), (ii) the most recent annual report on Form 5500 filed with respect to each Parent Employee Plan (if any such report was required), (iii) the most recent summary plan description for each Parent Employee Plan for which such a summary plan description is required (with all summaries of material modifications provided after the most recent summary plan description was distributed), (iv) each trust agreement and group annuity contract relating to any Parent Employee Plan and (v) each favorable determination letter from the Internal Revenue Service with respect to each Parent Employee Plan that is intended to be qualified under Section 401(a) of the Code.

  • Employee Benefits Plans Schedule 6.11 hereto identifies each ERISA Plan as of the Closing Date. No ERISA Event has occurred or is reasonably expected to occur with respect to an ERISA Plan. No Controlled Group member has failed to make a required material installment or other required material payment under Section 412(a) of the Code on or before the due date or within a reasonable time after such due date. No Controlled Group member has failed to make contributions to an ERISA Plan that is a Multiemployer Plan in accordance with the applicable governing documents which is reasonably likely to result in a material liability to the Controlled Group member. No Benefit Plan (other than a Multiemployer Plan) has any accumulated funding deficiency (as defined in Section 412(a) of the Code). None of the Companies have adopted or plans to adopt any amendments that could reasonably result in a material increase in the cost of providing benefits under the ERISA Plan. With respect to each ERISA Plan (other than a Multiemployer Plan) that is intended to be qualified under Code Section 401(a), (a) the ERISA Plan and any associated trust operationally comply (or as soon as reasonably practicable are corrected to comply) with the applicable requirements of Code Section 401(a); (b) the ERISA Plan and any associated trust have been amended to comply with all such requirements as currently in effect, other than those requirements for which a retroactive amendment can be made within the “remedial amendment period” available under Code Section 401(b) (as extended under Treasury Regulations and other Treasury pronouncements upon which taxpayers may rely); (c) the ERISA Plan and any associated trust have received a favorable determination letter from the Internal Revenue Service stating that the ERISA Plan qualifies under Code Section 401(a), that the associated trust qualifies under Code Section 501(a) and, if applicable, that any cash or deferred arrangement under the ERISA Plan qualifies under Code Section 401(k), unless the ERISA Plan was first adopted at a time for which the above-described “remedial amendment period” has not yet expired; (d) the ERISA Plan currently satisfies the requirements of Code Section 410(b), subject to any retroactive amendment that may be made within the above-described “remedial amendment period”; and (e) no contribution made to the ERISA Plan is subject to an excise tax under Code Section 4972. With respect to any Pension Plan, the “accumulated benefit obligation” of Controlled Group members with respect to the Pension Plan (as determined in accordance with Statement of Accounting Standards No. 87, “Employees Accounting for Pensions”) does not exceed the fair market value of Pension Plan assets by an amount that would have a Material Adverse Effect. Each Foreign Employee Benefit Plan is in compliance in all material respects with all laws, regulations and rules applicable thereto and the respective requirements of the governing documents for Foreign Employee Benefit Plan. With respect to any Foreign Employee Benefit Plan, reasonable reserves have been established in accordance with local laws or prudent business practice or where required by ordinary accounting practices in the jurisdiction in which Foreign Employee Benefit Plan is maintained.

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