Common use of Documents Provided Clause in Contracts

Documents Provided. The Companies and Superior Management have delivered to Shurgard true, correct and complete copies (or, in the case of unwritten Employee Benefit Plans, descriptions) of all Employee Benefit Plans set forth in Section 3.14.1 of the Companies Disclosure Schedule (and all amendments thereto), along with, to the extent applicable to the particular Employee Benefit Plan, copies of the following: (a) all annual reports (Form 5500 series), including any related schedules and audit reports, filed with respect to such Employee Benefit Plan; (b) the most recent summary plan description prepared for such Employee Benefit Plan; (c) all trust agreements, investment management agreements, annuity contracts, insurance contracts, bonds, indemnification agreements and service provider agreements relating to all Employee Benefit Plans, (d) the most recent determination letter issued by the IRS with respect to such Employee Benefit Plan that is an ERISA Pension Benefit Plan, as defined in Section 3(2) of ERISA and (e) all coverage, nondiscrimination, top heavy and Code Section 415 tests performed with respect to such ERISA Pension Benefit Plan since inception.

Appears in 2 contracts

Sources: Merger Agreement (Shurgard Storage Centers Inc), Agreement and Plan of Merger (Shurgard Storage Centers Inc)