Absence of Certain Liabilities and Events. There has been no non-exempt prohibited transaction (within the meaning of Section 406 of ERISA or Section 4975 of the Code) with respect to any Plan. Neither the Seller nor any Seller Subsidiary has incurred any liability for any excise tax arising under Sections 4971 through 4980G of the Code that would have a Seller Material Adverse Effect and, to the Seller’s Knowledge, no fact or event exists that could give rise to any such liability.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Marshall & Ilsley Corp/Wi/), Agreement and Plan of Merger (United Heritage Bankshares of Florida Inc), Agreement and Plan of Merger (Marshall & Ilsley Corp/Wi/)
Absence of Certain Liabilities and Events. There To the Seller’s Knowledge, there has been no non-exempt prohibited transaction (within the meaning of Section 406 of ERISA or Section 4975 of the Code) with respect to any Plan. Neither the Seller nor any Seller Subsidiary has incurred any liability for any excise tax arising under Sections 4971 through 4980G of the Code that would have a Seller Material Adverse Effect and, to the Seller’s Knowledge, no fact or event exists that could give rise to any such liability.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (First Indiana Corp), Agreement and Plan of Merger (Marshall & Ilsley Corp/Wi/)
Absence of Certain Liabilities and Events. There has been no non-exempt prohibited transaction (within the meaning of Section 406 of ERISA or Section 4975 of the Code) with respect to any Plan. Neither The Seller and each of the Seller nor any Seller Subsidiary Subsidiaries has not incurred any liability for any excise tax arising under Sections 4971 through 4980G of the Code that would would, individually or in the aggregate, have a Seller Material Adverse Effect Effect, and, to the Seller’s Knowledge, no fact or event exists that could give rise to any such liability.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Gold Banc Corp Inc), Agreement and Plan of Merger (Marshall & Ilsley Corp/Wi/)
Absence of Certain Liabilities and Events. There has been no non-exempt prohibited transaction (within the meaning of Section 406 of ERISA or Section 4975 of the Code) with respect to any Plan. Neither the Seller nor any Seller Subsidiary has not incurred any liability for any excise penalty or tax arising under Sections 4971 through Section 4971, 4972, 4980G , 4980B or 6652 of the Code that would have a Seller Material Adverse Effect andor any liability under Section 502 of ERISA, to the Seller’s Knowledge, and no fact or event exists that could give rise to any such liability.
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Absence of Certain Liabilities and Events. There has been no non-non exempt prohibited transaction (within the meaning of Section 406 of ERISA or Section 4975 of the Code) with respect to any Plan. Neither The Seller and each of the Seller nor any Seller Subsidiary Subsidiaries has not incurred any liability for any excise tax arising under Sections 4971 through 4980G of the Code that would would, individually or in the aggregate, have a Seller Material Adverse Effect Effect, and, to the Seller’s Knowledge, no fact or event exists that could give rise to any such liability.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Blue Valley Ban Corp)
Absence of Certain Liabilities and Events. There has been no non-exempt non‑exempt prohibited transaction (within the meaning of Section 406 of ERISA or Section 4975 of the Code) with respect to any Plan. Neither The Seller and each of the Seller nor any Seller Subsidiary Subsidiaries has not incurred any liability for any excise tax arising under Sections 4971 through 4980G of the Code that would have a Seller Material Adverse Effect andCode, to the Seller’s Knowledge, and no fact or event exists that could give rise to any such liability.
Appears in 1 contract
Samples: Agreement and Plan of Merger (First Business Financial Services, Inc.)
Absence of Certain Liabilities and Events. There has been no non-exempt prohibited transaction (within the meaning of Section 406 of ERISA or Section 4975 of the Code) with respect to any Plan. Neither The Seller and each of the Seller nor any Seller Subsidiary Subsidiaries has not incurred any liability for any excise tax arising under Sections 4971 through 4980G of the Code that would have a Seller Material Adverse Effect andCode, to the Seller’s Knowledge, and no fact or event exists that could give rise to any such liability.
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Absence of Certain Liabilities and Events. There has been no non-exempt prohibited transaction (within the meaning of Section 406 of ERISA or Section 4975 of the Code) with respect to any PlanPlan resulting in material liability to Seller. Neither the Seller nor any Seller Subsidiary has not incurred any liability for any excise penalty or tax arising under Sections 4971 through Section 4971, 4972, 4980G , 4980B or 6652 of the Code that would have a Seller Material Adverse Effect or any liability under Section 502 of ERISA, and, to the Knowledge of Seller’s Knowledge, no fact or event exists that could give rise to any such liability.
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