Non-ERISA Plans. If the Subscriber is investing assets of a “governmental plan” or a “church plan” within the meaning of Section 3(32) and 3(33), respectively, of ERISA, a non-U.S. plan or another plan or retirement arrangement that is not subject to the fiduciary responsibility provisions of Title I of ERISA or Section 4975 of the Code (an “Other Plan”), or a partnership, limited liability company or other entity that is deemed to hold assets of an Other Plan under applicable law, then the Subscriber represents and warrants that: (a) the Company’s assets will not be considered to include the assets of such Other Plan under the provisions of applicable law as a result of the Subscriber’s investment in the Company; (b) there is no federal, state, local or non-U.S. law, rule, regulation or constitutional provision applicable to the Other Plan that could in any respect affect the operation of the Company or the Investment Manager or prohibit any action contemplated by the operational documents and related disclosure of the Company; and (c) the Subscriber’s investment in the Company is in accordance with the constituent documents of the Other Plan and will not result in a breach of any statute, rule, regulation or order of any court or governmental agency or body having jurisdiction over the Other Plan or any of its assets, including, without limitation, any law substantially similar to the prohibited transaction provisions of Section 406 or ERISA or Section 4975 of the Code.
Non-ERISA Plans. Set forth on Schedule 3.05 is a complete list of each current employment contract and consulting agreement entered into by either Aros or Acquisition Sub, or by which either Aros or Acquisition Sub is bound, and each Non-ERISA Plan maintained, entered into or contributed to, or which is required to be maintained, entered into or contributed to, by either Aros or Acquisition Sub for the benefit of any current or former director, officer or employee of either Aros or Acquisition Sub.
Non-ERISA Plans. 19 Section 2.17.
Non-ERISA Plans. Set forth on Schedule 2.14 is a complete list of each current employment contract and consulting agreement entered into by ReGen, or by which ReGen is bound, and each deferred compensation, bonus, incentive compensation, restricted stock, stock option, employee stock purchase, savings, severance or termination pay agreement or plan and any other employee benefit plan, agreement, arrangement or commitment, whether formal or informal, not required to be listed on Schedule 2.15, maintained, entered into or contributed to, or which is required to be maintained, entered into or contributed to, by ReGen for the benefit of any current or former director, officer or employee of ReGen (the "Non-ERISA Plans").
Non-ERISA Plans. Except as disclosed in Schedule 3.17(f), with respect to each Employee Benefit Plan, other than a Pension Plan or a Welfare Plan: (i) each such plan has been administered and operated in all Material respects in accordance with its terms and applicable laws; and (ii) other than claims for benefits arising in the ordinary course of the administration and operation of the plan, there are no claims, investigations, suits, audits or arbitrations which are pending or, to the Knowledge of Seller, threatened, against the plan or November 1, 1995 22 any fiduciary of such plan, and there is no basis to anticipate any such claim, investigation, suit or audit.
Non-ERISA Plans. (a) Set forth on Schedule 3.11(a) is a complete list of each current employment contract and consulting agreement entered into by either of the Companies and each deferred compensation, bonus, incentive compensation, restricted stock, stock option, employee stock purchase, savings, severance or termination pay agreement or plan or any other employee benefit plan, agreement, arrangement or commitment, whether formal or informal, maintained, entered into or contributed to, or which is required to be maintained, entered into or contributed to, by the Companies for the benefit of any current or former director, officer or employee of the Companies which is not an ERISA Plan (the “Non-ERISA Plans”).
Non-ERISA Plans. Except as disclosed on attached Exhibit 3.18, the Company is not a party to and does not maintain, contribute to or have any other obligations under any plan (including but not limited to health insurance, life insurance, disability insurance, deferred compensation, contractual death benefits or stock option) exempt from some or all of the requirements of ERISA.
Non-ERISA Plans. The Plan is an unfunded deferred compensation arrangement for a select group of highly compensated and management employees and as such is exempt from the application of ERISA, except for the applicable limited disclosure requirements. The Plan and Trust are not, and are not intended to be, qualified under Code sections 401(a) and 501(a), respectively, and are not subject to any of the Code requirements applicable to a tax-qualified plan or trust. Section 10.3
Non-ERISA Plans. Set forth on Exhibit K-1 is a list identifying each pay practice, employee benefit plan, policy, agreement, or arrangement (other than the ERISA Plans) which (i) has been entered into, maintained, administered or contributed to by the LP or the LLC or by any ERISA affiliate on behalf of the LP or the LLC, (ii) covers any employee or former employee of the LP or the LLC, and (iii) creates liability for the LP or the LLC. Such plans are hereinafter referred to as the "Non-
Non-ERISA Plans. The Company further represents that the Plans are either unfunded deferred compensation arrangements for members of its Board of Directors and a select group of highly-compensated and management employees, excess benefit plans or plans not covering employees, and as such are exempt from the application of the Employee Retirement Income Security Act of 1978 ("ERISA") except for the limited disclosure requirements applicable to such plans (other than excess benefit and non- employee plans) for which the Company bears full responsibility as to compliance. The Company further represents that the Plans are not qualified under Section 401 of the Internal Revenue Code ("Code") and therefore are not subject to any of the Code requirements applicable to tax-qualified plans.
