Common use of DISCLOSED PLANS Clause in Contracts

DISCLOSED PLANS. With respect to any such Employee Benefit Plans disclosed, the Company has made all contributions thereto which have accrued on its financial statements and other books and records as a liability and the Company has delivered to the Buyer copies of (1) all documents governing such Plans, and all amendments thereto, (2) all reports filed by the Company or Plan officials with respect to such Plans with the United States Department of Labor, the IRS and any other federal or state regulatory agency, (3) all summary plan descriptions, notices and other reporting and disclosure material furnished to participants in any of such Plans, (4) all actuarial, accounting and financial reports prepared with respect to any of such Plans, and (5) all currently effective IRS ruling or determination letters on any of such Plans; however, the Company has not made a contribution to the Durango & Silverton Narrow Gauge Railroad Company Pension Plan for the current plan year that began January 1, 1997. To the extent required contributions, along with accrued interest and penalties thereon are payable in connection with such plan, such amounts shall be the paid by the Shareholder.

DISCLOSED PLANS. With respect to any such Employee Benefit Plans disclosed, the Company has made all contributions thereto which have accrued on its financial statements and other books and records as a liability and the Company has delivered to the Buyer copies of (1) all documents governing such Plans, and all amendments thereto, (2) all reports filed by the Company or Plan officials with respect to such Plans with the United States Department of Labor, the IRS and any other federal or state regulatory agency, (3) all summary plan descriptions, notices and other reporting and disclosure material furnished to participants in any of such Plans, (4) all actuarial, accounting and financial reports prepared with respect to any of such Plans, and (5) all currently effective IRS ruling or determination letters on any of such Plans; however, the Company has not made a contribution to the Durango & Silverton Narrow Gauge Railroad Company Pension Plan for the plan year that began January 1, 1995, or the current plan year that began January 1, 19971996. To the extent required contributions, along with accrued interest and penalties thereon are payable in connection with such plan, such amounts shall be the paid by the Shareholder.