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SEC Filings

8-K
COSI INC filed this Form 8-K on 12/28/2016
Entire Document
 

(g)           Operator shall not be a participating employer in any benefit plan of Owner or any of its affiliates and any participation by Seconded Employees in any benefit plans of Owner shall be in respect of their employment by Owner.  Owner shall remain solely responsible for all obligations and liabilities arising with respect to any benefit plans relating to any Seconded Employees and Operator shall not assume any benefit plan or have any obligations or liabilities arising thereunder, in each case except for costs properly chargeable to Operator under the terms of this Agreement.
 
(h)           During the Term, to the extent that Operator and Owner, working together in good faith, determine that Owner has insufficient funds in its general operating accounts to fund payroll and fulfill Owner’s other obligations in connection with this Agreement and the operation of the Business, Owner shall borrow additional funds under the DIP Facility in an amount, determined by Operator and Owner working together in good faith, sufficient to enable Owner to fulfil such obligations.
 
(i)            Subject to the other terms herein, and after accounting for any Advanced Payroll Amounts that have already been provided by Operator for an applicable calendar week, Operator shall reimburse Owner in accordance with this Section 6(i) for those costs and expenses described in Sections 6(i)(A)-(H) below that are actually incurred by Owner in connection with Owner’s employment of each Seconded Employee during such Seconded Employee’s Period of Secondment (such amounts, minus the Advanced Payroll Amounts for a given calendar week, are referred to as the “Seconded Employee Expenses”).  Where it is not reasonably practicable to determine the amount of any Seconded Employee Expense, Owner and Operator shall mutually agree on the method of determining or estimating such Seconded Employee Expense.  The Seconded Employee Expenses shall include the costs and expenses arising out of or in connection with (to the extent that such sums are in excess of the amount paid by Operator as Advanced Payroll Amounts):
 
(A)         salary, wages, overtime pay (if applicable) and other cash compensation (including payroll and other taxes associated therewith) and including any employee expense reimbursements;
 
(B)          401(k) plan administration costs, any cash expense for matching 401(k) contributions made by Owner, any deferred compensation plan administration costs and any cash expense for deferred compensation plan matching contributions made by Owner;
 
(C)          cash or premiums paid, or expenses incurred, with respect to vacation, sick leave, short term disability benefits, and any leave of absence, including maternity;
 
(D)          medical, dental and prescription drug coverage;
 
(E)          flexible benefits plan, including medical care and dependent care expense reimbursement programs;
 
(F)          disability insurance;
 
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