Pension Plans Any of the following events shall occur with respect to any Pension Plan: (a) the institution of any steps by any Obligor, any member of its Controlled Group or any other Person to terminate a Pension Plan if, as a result of such termination, any such Obligor or any such member could be required to make a contribution in excess of $100,000,000 (or the equivalent thereof in any other currency), to such Pension Plan, or could reasonably expect to incur a liability or obligation in excess of $100,000,000 (or the equivalent thereof in any other currency), to such Pension Plan; or (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA.
Benefit Plans (i) Schedule 3.01(h) hereto contains a true and complete list of each Benefit Plan. With respect to each Benefit Plan, the Company has made available to Sprint a true and correct copy of (a) the most recent annual report (Form 5500) filed with the IRS, if any, (b) the plan document, (c) any summary plan description relating to such Benefit Plan, and (d) each trust agreement and group annuity contract, if any, relating to such Benefit Plan. (ii) With respect to the Benefit Plans, individually and in the aggregate, no event has occurred, and to the Company's Knowledge, there exists no present condition or set of circumstances in connection with which the Company is now subject to, or could reasonably be expected to be subject to, any liability under ERISA, the Code, or any other applicable Law, except liability for benefit claims and funding obligations or contributions payable in the ordinary course, and to the Company's Knowledge each of the Benefit Plans has at all times in all material respects been in compliance with and administered in accordance with its terms, the applicable provisions of ERISA, the Code or any other applicable Law. (iii) Each of the Benefit Plans and related trusts that is intended to be qualified in form under Section 401(a) and tax exempt under Section 501(a) of the Code, respectively, has been determined by the IRS to so qualify under the Code and, to the Company's Knowledge, nothing has occurred since such determination to cause any of such Benefit Plans not to qualify under Section 401(a) or any of such related trusts not to be tax exempt under Section 501(a) of the Code other than the effective date of certain amendments of the Code and ERISA, the remedial amendment period for which has not expired. (iv) With respect to the Benefit Plans, individually and in the aggregate, all required reports and descriptions have been appropriately filed and distributed to the extent ERISA, the Code or applicable Law requires. (v) With respect to the Benefit Plans, individually and in the aggregate, there has been no prohibited transaction within the meaning of Section 406 of ERISA or Section 4975 of the Code involving the Company, and there is no action, suit, grievance, arbitration or other claim with respect to the administration or investment of assets of the Benefit Plans (other than routine claims for benefits made in the ordinary course) pending, or to the Company's Knowledge, Threatened, and to the Company's Knowledge there is no present condition or set of circumstances which could reasonably be expected to give rise to any such action, suit, grievance, arbitration or other claim. (vi) Neither the Company nor any corporation, trade or business which is affiliated with the Company, in the manner described in Section 414(b), (c), (m) and (o) of the Code or Section 4001(a)(14) of ERISA, has ever sponsored, or made or been obligated to make contributions to, (i) any defined benefit pension plan subject to Title IV of ERISA or any plan subject to the minimum funding standards under Section 412 of the Code or Section 302 of ERISA; or (ii) any nonqualified deferred compensation plan or arrangement, including, without limitation, any plans providing for post employment benefits such as life or health insurance or any other benefits.
