Common use of Absence of Certain Plans Clause in Contracts

Absence of Certain Plans. No Employee Plan is, and no Company Group Member nor any of its ERISA Affiliates has previously maintained, sponsored or contributed to or currently maintains, sponsors or participates in, or contributes to, or has any liability or obligation with respect to: (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (ii) a “multiple employer plan” (as defined in Section 4063 or Section 4064 of ERISA); or (iii) a defined benefit pension plan or a plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA.

Appears in 2 contracts

Samples: Merger Agreement, Merger Agreement (RealPage, Inc.)

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Absence of Certain Plans. No Employee Plan is, and no Neither the Company Group Member nor any of its ERISA Affiliates has previously maintained, sponsored or contributed to or currently maintains, sponsors or participates in, or contributes to, or has any liability or obligation with respect to: (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (ii) a “multiple employer plan” (as defined in Section 4063 or Section 4064 of ERISA); or (iii) a defined benefit pension plan (whether or a not subject to ERISA) or any plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA.

Appears in 2 contracts

Samples: Merger Agreement (KnowBe4, Inc.), Merger Agreement (Vepf Vii SPV I, L.P.)

Absence of Certain Plans. No Employee Plan is, and no Neither the Company Group Member nor any of its ERISA Affiliates has previously maintained, sponsored or contributed to or currently maintains, sponsors or participates in, or contributes to, or otherwise has any liability liability, contingent or obligation with otherwise, in respect to: of, (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (ii) a “multiple employer plan” (as defined in Section 4063 or Section 4064 of ERISA); or (iii) a defined benefit pension plan or a plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA.

Appears in 2 contracts

Samples: Merger Agreement (Forescout Technologies, Inc), Merger Agreement (Forescout Technologies, Inc)

Absence of Certain Plans. No Employee Plan is, and no Neither the Company Group Member nor any of its ERISA Affiliates has previously maintained, sponsored or contributed to or currently maintains, sponsors or participates in, or contributes to, to or has any liability or obligation with respect to: , (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (ii) a “multiple employer plan” (as defined in Section 4063 or Section 4064 of ERISA); or (iii) a defined benefit pension plan or a plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA.

Appears in 1 contract

Samples: Merger Agreement (Rocket Fuel Inc.)

Absence of Certain Plans. No Employee Plan is, and no Neither the Company Group Member nor any of its ERISA Affiliates has previously during the past six years maintained, sponsored or participated in, contributed to or currently maintainsotherwise had any liability, sponsors whether absolute or participates incontingent, or contributes to, or has any liability or obligation with respect to: , (i) a “multiemployer plan” (as defined in Section 3(374001(a)(3) of ERISA) (a “Multiemployer Plan”); , (ii) a “multiple employer plan” (as defined in Section 4063 or Section 4064 of ERISA); , or (iii) a defined benefit pension plan or a plan that is subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA.

Appears in 1 contract

Samples: Merger Agreement (Quotient Technology Inc.)

Absence of Certain Plans. No Employee Plan isExcept as set forth on Section 3.18(b) of the Company Disclosure Letter, and no neither the Company Group Member nor any of its ERISA Affiliates has previously maintained, sponsored or contributed to or currently maintains, sponsors or participates in, or contributes to, or has any liability or obligation with respect to: (i) a "multiemployer plan" (as defined in Section 3(37) of ERISA); (ii) a "multiple employer plan" (as defined in Section 4063 or Section 4064 of ERISA); or (iii) a defined benefit pension plan or a plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA.

Appears in 1 contract

Samples: Merger Agreement (Marketo, Inc.)

Absence of Certain Plans. No Employee Company Benefit Plan is, and no neither the Company Group Member nor any of its ERISA Affiliates has previously maintained, sponsored or contributed to or currently maintains, sponsors or participates in, or contributes to, or otherwise has any liability or obligation with respect to: , (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (ii) a “multiple employer plan” (as defined in Section 4063 or Section 4064 of ERISA); or (iii) a defined benefit pension plan or a plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA.

Appears in 1 contract

Samples: Merger Agreement (Alteryx, Inc.)

Absence of Certain Plans. No Employee Plan is, and no Neither the Company Group Member nor any of its ERISA Affiliates has previously ever maintained, sponsored or contributed to or currently maintains, sponsors or participates in, or contributes to, or has any liability or obligation with respect to: (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (ii) a “multiple employer plan” (as defined in Section 4063 or Section 4064 of ERISA); or (iii) a defined benefit pension plan or a plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA.

Appears in 1 contract

Samples: Merger Agreement (Echelon Corp)

Absence of Certain Plans. No Employee Plan is, and no Neither the Company Group Member nor any of its ERISA Affiliates has previously maintained, sponsored or contributed to or currently maintains, sponsors or participates in, or contributes to, or has any liability or obligation with respect to: (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (ii) a “multiple employer plan” (as defined in Section 4063 or Section 4064 of ERISA); or (iii) a defined benefit pension plan or a plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA.

Appears in 1 contract

Samples: Merger Agreement (Tibco Software Inc)

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Absence of Certain Plans. No Employee Plan is, and no Neither the Company Group Member nor any of its ERISA Affiliates has previously maintained, sponsored or contributed to or currently maintains, sponsors or participates in, or contributes to, or has any liability or obligation with respect to: (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (ii) a “multiple employer plan” (as defined in Section 4063 or Section 4064 of ERISA); or (iii) a defined benefit pension plan or a plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA.

Appears in 1 contract

Samples: Merger Agreement (Sierra Oncology, Inc.)

Absence of Certain Plans. No Employee Company Benefit Plan is, and no neither the Company Group Member nor any of its ERISA Affiliates has previously maintained, sponsored or contributed to or currently maintains, sponsors or participates in, or contributes to, or otherwise has any liability or obligation with respect to: , (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (ii) a “multiple employer plan” (as defined in Section 4063 or Section 4064 of ERISA); or (iii) a defined benefit pension plan or a plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA.

Appears in 1 contract

Samples: Merger Agreement (Medallia, Inc.)

Absence of Certain Plans. No Employee Plan isSince January 1, and no Company Group Member 2016, neither the Company, its Subsidiaries, nor any of its ERISA Affiliates Affiliate has previously maintained, sponsored or contributed to or currently maintainssponsored, sponsors or participates participated in, or contributes contributed to, or has any liability or obligation with respect to: (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (ii) a “multiple employer plan” (as defined in within the meaning of Section 4063 or Section 4064 of ERISA); or (iii) a defined benefit pension plan or a plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA; or (iv) a “multiple employer welfare arrangement” within the meaning of Section 3(40) of ERISA.

Appears in 1 contract

Samples: Merger Agreement (PRGX Global, Inc.)

Absence of Certain Plans. No Employee Plan is, and no Neither the Company Group Member nor any of its ERISA Affiliates has previously maintained, sponsored or contributed to or currently maintains, sponsors or participates in, or contributes to, or is required to contribute to, or has any liability direct or contingent obligation with respect to: , (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (ii) a “multiple employer plan” (as defined in Section 4063 or Section 4064 of ERISA); or (iii) a defined benefit pension plan or a plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA.

Appears in 1 contract

Samples: Merger Agreement (Del Frisco's Restaurant Group, Inc.)

Absence of Certain Plans. No Employee Plan isExcept as set forth on Section 3.18(b) of the Company Disclosure Letter, and no neither the Company Group Member nor any of its ERISA Affiliates has previously maintained, sponsored or contributed to or currently maintains, sponsors or participates in, or contributes to, or has any liability or obligation with respect to: (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (ii) a “multiple employer plan” (as defined in Section 4063 or Section 4064 of ERISA); or (iii) a defined benefit pension plan or a plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA.

Appears in 1 contract

Samples: Merger Agreement (Cvent Inc)

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