Common use of Employee Matters; ERISA Clause in Contracts

Employee Matters; ERISA. (a) Set forth in the Abacus Disclosure Letter is a complete list of each Abacus Benefit Plan and each Abacus Multiemployer Plan. The term "Abacus Benefit Plan" shall mean (i) each plan, program, policy, contract or agreement providing for compensation, severance, termination pay, performance awards, stock or stock-related awards, fringe benefits or other employee benefits of any kind, including, without limitation, any "employee benefit plan," within the meaning of Section 3(3) of ERISA but excluding any "multiemployer plan" within the meaning of Sections 3(37) or 4001(a)(3) of ERISA, and (ii) each employment, severance, consulting, non-compete, confidentiality, or similar agreement or contract, in each case, with respect to which Abacus or any Subsidiary of Abacus has or may have any liability (accrued, contingent or otherwise). The term "Abacus Multiemployer Plan" shall mean any "multiemployer plan" within the meaning of Section 4001(a)(3) of ERISA in respect to which Abacus or any Subsidiary of Abacus has or may have any liability (accrued, contingent or otherwise).

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Albertsons Inc /De/), Agreement and Plan of Merger (American Stores Co /New/), Agreement and Plan of Merger (American Stores Co /New/)

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Employee Matters; ERISA. (a) Set forth in the Abacus Alphabet Disclosure Letter is a complete list of each Abacus Alphabet Benefit Plan and each Abacus Alphabet Multiemployer Plan. The term "Abacus Alphabet Benefit Plan" shall mean (i) each plan, program, policy, contract or agreement providing for compensation, severance, termination pay, performance awards, stock or stock-related awards, fringe benefits or other employee benefits of any kind, kind including, without limitation, any "employee benefit plan," within the meaning of Section 3(3) of ERISA but excluding any "multiemployer plan" within the meaning of Sections 3(37) or 4001(a)(3) of ERISA, and (ii) each employment, severance, consulting, non-compete, confidentiality, or similar agreement or contract, in each case, with respect to which Abacus Alphabet or any Subsidiary of Abacus Alphabet has or may have any liability (accrued, contingent or otherwise). The term "Abacus Alphabet Multiemployer Plan" shall mean any "multiemployer plan" within the meaning of Section 4001(a)(3) of ERISA in respect to which Abacus Alphabet or any Subsidiary of Abacus Alphabet has or may have any liability (accrued, contingent or otherwise).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Albertsons Inc /De/), Agreement and Plan of Merger (Albertsons Inc /De/)

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