Common use of Absence of Certain Types of Plans Clause in Contracts

Absence of Certain Types of Plans. None of the Plans is a multiemployer plan (within the meaning of Section 3(37) or 4001(a)(3) of ERISA) (a “Multiemployer Plan”) or a single employer pension plan (within the meaning of Section 4001(a)(15) of ERISA) for which the Company or any Subsidiary could incur liability under Section 4063 or 4064 of ERISA (a “Multiple Employer Plan”). None of the Plans provides for the payment of separation, severance, termination or similar benefits to any Person or obligates the Company or any Subsidiary to pay separation, severance, termination or similar benefits solely as a result of any transaction contemplated by this Agreement or as a result of a “change in control”, within the meaning of such term under Section 280G of the U.S. Code. None of the Plans provides for or promises retiree medical, disability or life insurance benefits to any current or former employee, officer or director of the Company or any Subsidiary. Each of the Plans is subject only to the Laws of the United States or a political subdivision thereof.

Appears in 2 contracts

Samples: Investment Agreement (Bank of Nova Scotia /), Stockholder Agreement (First Bancorp /Pr/)

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Absence of Certain Types of Plans. None of the Plans is a multiemployer plan (within the meaning of Section 3(37) or 4001(a)(3) of ERISA) (a "Multiemployer Plan") or a single employer pension plan (within the meaning of Section 4001(a)(15) of ERISA) for which the Company or any Subsidiary could incur liability under Section 4063 or 4064 of ERISA (a "Multiple Employer Plan"). None of the Plans provides for the payment of separation, severance, termination or similar similar-type benefits to any Person or obligates the Company or any Subsidiary to pay separation, severance, termination or similar similar-type benefits solely as a result of any transaction contemplated by this Agreement or as a result of a "change in control", within the meaning of such term under Section 280G of the U.S. Code. None Except as required by Law, none of the Plans provides for or promises retiree medical, disability or life insurance benefits to any current or former employee, officer or director of the Company or any Subsidiary. Each of the Plans is subject only to the Laws of Canada, the United States or a political subdivision thereof.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Zila Inc)

Absence of Certain Types of Plans. None of the Plans is a multiemployer plan (within the meaning of Section 3(37) or 4001(a)(3) of ERISA) (a "Multiemployer Plan") or a single employer pension plan (within the meaning of Section 4001(a)(15) of ERISA) for which the Company Seller or any Subsidiary could incur liability under Section 4063 or 4064 of ERISA (a "Multiple Employer Plan"). None of the Plans provides for the payment of separation, severance, termination or similar similar-type benefits to any Person or obligates the Company Seller or any Subsidiary to pay separation, severance, termination or similar similar-type benefits solely as a result of any transaction contemplated by this Agreement or as a result of a "change in control", within the meaning of such term under Section 280G of the U.S. Code. None of the Plans provides for or promises retiree medical, disability or life insurance benefits to any current or former employee, officer or director of the Company Seller or any Subsidiary. Each of the Plans is subject only to the Laws laws of the United States or a political subdivision thereof.

Appears in 1 contract

Samples: Investment Agreement (Henry Birks & Sons Inc)

Absence of Certain Types of Plans. None of the Plans is a multiemployer plan (within the meaning of Section 3(37) or 4001(a)(3) of ERISA) (a “Multiemployer Plan”"MULTIEMPLOYER PLAN") or a single employer pension plan (within the meaning of Section 4001(a)(15) of ERISA) for which the Company Seller or any Subsidiary could incur liability under Section 4063 or 4064 of ERISA (a “Multiple Employer Plan”"MULTIPLE EMPLOYER PLAN"). None of the Plans provides for the payment of separation, severance, termination or similar similar-type benefits to any Person or obligates the Company Seller or any Subsidiary to pay separation, severance, termination or similar similar-type benefits solely as a result of any transaction contemplated by this Agreement or as a result of a "change in control", within the meaning of such term under Section 280G of the U.S. Code. None of the Plans provides for or promises retiree medical, disability or life insurance benefits to any current or former employee, officer or director of the Company Seller or any Subsidiary. Each of the Plans is subject only to the Laws laws of the United States or a political subdivision thereof.

Appears in 1 contract

Samples: Investment Agreement (Mayors Jewelers Inc/De)

Absence of Certain Types of Plans. None of the Plans is a multiemployer plan (within the meaning of Section 3(37) or 4001(a)(3) of ERISA) (a “Multiemployer Plan”) or a single employer pension plan (within the meaning of Section 4001(a)(15) of ERISA) for which the any Company or any Subsidiary could incur liability under Section 4063 or 4064 of ERISA (a “Multiple Employer Plan”). None of the Plans provides for the payment of separation, severance, termination or similar similar-type benefits to any Person or obligates the any Company or any Subsidiary to pay separation, severance, termination or similar similar-type benefits solely as a result of any transaction contemplated by this Agreement or as a result of a “change in control”, within the meaning of such term under Section 280G of the U.S. Code. None of the Plans provides for or promises retiree medical, disability or life insurance benefits to any current or former employee, officer or director of the any Company or any Subsidiary. Each of the Plans is subject only to the Laws of the United States or a political subdivision thereof.

Appears in 1 contract

Samples: Stock Purchase Agreement (Lincoln Educational Services Corp)

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Absence of Certain Types of Plans. None of the Plans is a multiemployer plan (within the meaning of Section 3(37) or 4001(a)(3) of ERISA) (a "Multiemployer Plan") or a single employer pension plan (within the meaning of Section 4001(a)(15) of ERISA) for which the Company or any Subsidiary could incur liability under Section 4063 or 4064 of ERISA (a "Multiple Employer Plan"). None of the Plans provides for the payment of separation, severance, termination or similar similar-type benefits to any Person or obligates the Company or any Subsidiary to pay separation, severance, termination or similar similar-type benefits solely as a result of any transaction contemplated by this Agreement or as a result of a "change in control", within the meaning of such term under Section 280G of the U.S. Code. None of the Plans provides for or promises retiree medical, disability or life insurance benefits to any current or former employee, officer or director of the Company or any Subsidiary. Each of the Plans is subject only to the Laws laws of the United States or a political subdivision thereof.

Appears in 1 contract

Samples: Stock Purchase Agreement (United Capital Corp /De/)

Absence of Certain Types of Plans. None of the Plans is a multiemployer plan (within the meaning of Section 3(37) or 4001(a)(3) of ERISA) (a “Multiemployer Plan”"MULTIEMPLOYER PLAN") or a single employer pension plan (within the meaning of Section 4001(a)(15) of ERISA) for which the Company or any Subsidiary could incur liability under Section 4063 or 4064 of ERISA (a “Multiple Employer "MULTIPLE EMPLOYER Plan"). None of the Plans provides for the payment of separation, severance, termination or similar benefits to any Person or obligates the Company or any Subsidiary to pay separation, severance, termination or similar benefits solely as a result of any transaction contemplated by this Agreement or as a result of a "change in control", within the meaning of such term under Section 280G of the U.S. Code. None of the Plans provides for or promises retiree medical, disability or life insurance benefits to any current or former employee, officer or director of the Company or any SubsidiaryCompany. Each of the Plans is subject only to the Laws of the United States or a political subdivision thereof.

Appears in 1 contract

Samples: Stock Purchase Agreement (Lincoln Educational Services Corp)

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