Common use of Employee Retirement Income Security Act of 1974 Clause in Contracts

Employee Retirement Income Security Act of 1974. (a) ATS (which for purposes of this Section shall include any ERISA Affiliate of ATS) currently sponsors, maintains and contributes only to the Plans and Benefit Arrangements set forth in Section 5.11(a) of the ATS Disclosure Schedule. ATS has delivered or made available to ATC true, complete and correct copies of (i) each Plan and Benefit Arrangement (or, in the case of any unwritten Plans or Benefit Arrangements, reasonable descriptions thereof), (ii) the two most recent annual reports on Form 5500 (including all schedules and attachments thereto) filed with the Internal Revenue Service with respect to each Plan (if any such report was required by Applicable Law), (iii) the most recent summary plan description (or similar document) for each Plan for which such a summary plan description is required by Applicable Law or was otherwise provided to plan participants or beneficiaries, and (iv) each trust agreement and insurance or annuity contract or other funding or financing arrangement relating to any Plan. To the knowledge of ATS, each such Form 5500 and each such summary plan description (or similar document) does not, as of the date hereof, contain any material misstatements. ATS does not contribute to or have an obligation to contribute to, and has not at any time within six (6) years prior to the date of this Agreement contributed to or had an obligation to contribute to, and no Plan listed in Section 5.11(a) of the ATS Disclosure Schedule is, (i) a Multiemployer Plan, or (ii) a Plan subject to Section 412 of the Code, Section 302 of ERISA or Title IV of ERISA. ATS has no actual or potential liability under Title IV of ERISA. ATS does not maintain any Plan that provides for post-retirement medical or life insurance benefits, and ATS does not have any obligation or liability with respect to any such Plan previously maintained by ATS, except as the provisions of COBRA may apply to any former employees of ATS. Except as set forth in Section 5.11(a) of the ATS Disclosure Schedule, as to all Plans and Benefit Arrangements listed in Section 5.11(a) of the ATS Disclosure Schedule:

Employee Retirement Income Security Act of 1974. (a) ATS ATC (which for purposes of this Section shall include any ERISA Affiliate of ATSATC) currently sponsors, maintains and contributes only to the Plans and Benefit Arrangements set forth in Section 5.11(a4.11(a) of the ATS ATC Disclosure Schedule. ATS ATC has delivered or made available to ATC ATS true, complete and correct copies of (i) each Plan and Benefit Arrangement (or, in the case of any unwritten Plans or Benefit Arrangements, reasonable descriptions thereof), (ii) the two most recent annual reports on Form 5500 (including all schedules and attachments thereto) filed with the Internal Revenue Service with respect to each Plan (if any such report was required by Applicable Law), (iii) the most recent summary plan description (or similar document) for each Plan for which such a summary plan description is required by Applicable Law or was otherwise provided to plan participants or beneficiaries, and (iv) each trust agreement and insurance or annuity contract or other funding or financing arrangement relating to any Plan. To the knowledge of ATSATC, each such Form 5500 and each such summary plan description (or similar document) does not, as of the date hereof, contain any material misstatements. ATS ATC does not contribute to or have an obligation to contribute to, and has not at any time within six (6) years prior to the date of this Agreement contributed to or had an obligation to contribute to, and no Plan listed in Section 5.11(a4.11(a) of the ATS ATC Disclosure Schedule is, (i) an employee pension benefit plan within the meaning of Section 3(2) of ERISA, (ii) a Multiemployer Plan, or (iiiii) a Plan subject to Section 412 of the Code, Section 302 of ERISA or Title IV of ERISA. ATS ATC has no actual or potential liability under Title IV of ERISA. ATS ATC does not maintain any Plan that provides for post-retirement medical or life insurance benefits, and ATS ATC does not have any obligation or liability with respect to any such Plan previously maintained by ATSATC, except as the provisions of COBRA may apply to any former employees of ATSATC. Except as set forth in Section 5.11(a4.11(a) of the ATS ATC Disclosure Schedule, as to all Plans and Benefit Arrangements listed in Section 5.11(a4.11(a) of the ATS ATC Disclosure Schedule:

Employee Retirement Income Security Act of 1974. (a) ATS TCT (which for purposes of this Section shall include any ERISA Affiliate of ATSTCT) currently sponsors, maintains and contributes only to the Plans and Benefit Arrangements set forth in Section 5.11(a4.11(a) of the ATS TCT Disclosure Schedule. ATS TCT has delivered or made available to ATC true, complete and correct copies of (i) each Plan and Benefit Arrangement (or, in the case of any unwritten Plans or Benefit Arrangements, reasonable descriptions thereof), (ii) the two most recent annual reports on Form 5500 (including all schedules and attachments thereto) filed with the Internal Revenue Service with respect to each Plan or Benefit Arrangement (if any such report was required by Applicable Law), (iii) the most recent summary plan description (or similar document) for each Plan for which such a summary plan description is required by Applicable Law or was otherwise provided to plan participants or beneficiaries, and (iv) each trust agreement and insurance or annuity contract or other funding or financing arrangement relating to any Plan. To the knowledge of ATSTCT, each such Form 5500 and each such summary plan description (or similar document) does not, as of the date hereof, contain any material misstatements. ATS Except as set forth in Section 4.11(a) of the TCT Disclosure Schedule, TCT does not contribute to or have an obligation to contribute to, and has not at any time within six (6) years prior to the date of this Agreement contributed to or had an obligation to contribute to, and no Plan listed in Section 5.11(a4.11(a) of the ATS TCT Disclosure Schedule is, (i) an employee pension benefit plan within the meaning of Section 3(2) of ERISA, (ii) a Multiemployer Plan, or (iiiii) a Plan subject to Section 412 of the Code, Section 302 of ERISA or Title IV of ERISA. ATS TCT has no actual or potential liability under Title IV of ERISA. ATS TCT does not maintain any Plan that provides for post-retirement medical or life insurance benefits, and ATS TCT does not have any obligation or liability with respect to any such Plan previously maintained by ATSTCT, except as the provisions of COBRA may apply to any former employees of ATSTCT. Except as set forth in Section 5.11(a4.11(a) of the ATS TCT Disclosure Schedule, as to all Plans and Benefit Arrangements listed in Section 5.11(a4.11(a) of the ATS TCT Disclosure Schedule:

Employee Retirement Income Security Act of 1974. (a) ATS TCT (which for purposes of this Section shall include any ERISA Affiliate of ATSTCT) currently sponsors, maintains and contributes only to the Plans and Benefit Arrangements set forth in Section 5.11(a4.11(a) of the ATS TCT Disclosure Schedule. ATS TCT has delivered or made available to ATC true, complete and correct copies of (i) each Plan and Benefit Arrangement (or, in the case of any unwritten Plans or Benefit Arrangements, reasonable descriptions thereof), (ii) the two most recent annual reports on Form 5500 (including all schedules and attachments thereto) filed with the Internal Revenue Service with respect to each Plan or Benefit Arrangement (if any such report was required by Applicable Law), (iii) the most recent summary plan description (or similar document) for each Plan for which such a summary plan description is required by Applicable Law or was otherwise provided to plan participants or beneficiaries, and (iv) each trust agreement and insurance or annuity contract or other funding or financing arrangement relating to any Plan. To the knowledge of ATSTCT, each such Form 5500 and each such summary plan description (or similar document) does did not, as of the date hereofof the Original Merger Agreement, contain any material misstatements. ATS Except as set forth in Section 4.11(a) of the TCT Disclosure Schedule, TCT does not contribute to or have an obligation to contribute to, and has not at any time within six (6) years prior to the date of this Agreement contributed to or had an obligation to contribute to, and no Plan listed in Section 5.11(a4.11(a) of the ATS TCT Disclosure Schedule is, (i) an employee pension benefit plan within the meaning of Section 3(2) of ERISA, (ii) a Multiemployer Plan, or (iiiii) a Plan subject to Section 412 of the Code, Section 302 of ERISA or Title IV of ERISA. ATS TCT has no actual or potential liability under Title IV of ERISA. ATS TCT does not maintain any Plan that provides for post-retirement medical or life insurance benefits, and ATS TCT does not have any obligation or liability with respect to any such Plan previously maintained by ATSTCT, except as the provisions of COBRA may apply to any former employees of ATSTCT. Except as set forth in Section 5.11(a4.11(a) of the ATS TCT Disclosure Schedule, as to all Plans and Benefit Arrangements listed in Section 5.11(a4.11(a) of the ATS TCT Disclosure Schedule: