Common use of Absence of Certain Plans Clause in Contracts

Absence of Certain Plans. No member of the Company Group nor any other corporation or trade or business (whether or not incorporated) that would at any relevant time be treated as a single employer with the Company Group pursuant to Section 414 of the Code (an “ERISA Affiliate”) has, in the last six (6) years, maintained, sponsored, contributed to, or has been required to contribute to or currently maintains, sponsors or participates in, contributes to, or is required to contribute to, or otherwise has any current or contingent liability or obligation under or with respect to: (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (ii) a “multiple employer plan” (within the meaning of Section 210 of ERISA or Section 413(c) of the Code); (iii) a “defined benefit plan” (as defined in Section 3(35) of ERISA) or an “employee pension benefit plan” that otherwise is or was 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 210 of ERISA or Section 413(c) of the Code), and neither any member of the Company Group nor any of such member’s ERISA Affiliates has incurred any liability that has not been satisfied to a multiemployer plan as a result of a complete or partial withdrawal (as those terms are defined in Part I of Subtitle E of Title IV of ERISA) from a multiemployer plan.

Absence of Certain Plans. No member of Except as would not reasonably be expected to be, individually or in the aggregate, material to the Company Group and its Subsidiaries, taken as a whole, neither the Company nor any other corporation or trade or business (whether or not incorporated) that would at any relevant time be treated as a single employer with the Company Group pursuant to Section 414 of the Code (an “its ERISA Affiliate”) has, in the last six (6) years, Affiliates has ever maintained, sponsored, contributed tosponsored or participated in, or has contributed to or been required to contribute to or currently maintains, sponsors had any liability (whether contingent or participates in, contributes to, or is required to contribute to, or otherwise has any current or contingent liability otherwise) or obligation under or 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” (within the meaning of as defined in Section 210 of ERISA 4063 or Section 413(c) 4064 of the CodeERISA); , (iii) a “defined benefit plan” (as defined in Section 3(35) of ERISA, whether or not subject to ERISA) or an “employee pension benefit plan” a plan that otherwise is or was subject to Section 302 of Title I of ERISA, Section 412 of the Code Code, Section 302 of ERISA or Title IV of ERISA; or , (iv) a any funded welfare benefit plan within the meaning of Section 419 of the Code, or (v) any “multiple employer welfare arrangement” (within the meaning of as such term is defined in Section 210 of ERISA or Section 413(c3(40) of the CodeERISA), and neither any member of the Company Group nor any of such member’s ERISA Affiliates Affiliate has ever incurred any liability under Title IV of ERISA that has not been satisfied to a multiemployer plan paid in full. Neither the Company nor any of its Subsidiaries has any current or contingent liability or obligation by reason of at any time being treated as a result single employer with any other Person under Section 414 of a complete or partial withdrawal (as those terms are defined in Part I of Subtitle E of Title IV of ERISA) from a multiemployer planthe Code.