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 type benefits to any Person or obligates the Company or any Subsidiary to pay separation, severance, termination, retirement, enhanced benefits or any acceleration, vesting, distribution or increase in benefit or obligation or 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 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.

Absence of Certain Types of Plans. None of the Plans is a multiemployer multi employer plan (within the meaning of Section 3(37) or 4001(a)(3) of ERISA) (a "Multiemployer Multi Employer Plan") or a single employer pension plan (within the meaning of Section 4001(a)(15) of ERISA) for which ERC, the Company or LLC and any Subsidiary could incur liability under Section 4063 or 4064 of ERISA (a "Multiple Employer Plan"). None Except as set forth in Schedule 3.16(a), none of the Plans provides for the payment of separation, severance, termination or similar similar-type benefits to any Person person or obligates ERC, the Company or LLC and any Subsidiary to pay separation, severance, termination, retirement, enhanced benefits termination or any acceleration, vesting, distribution or increase in benefit or obligation or similar similar-type benefits solely or partially 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 Code. None of the Plans provides for or promises retiree medical, retiree disability or life insurance benefits to any current or former employee, officer or director of ERC, the Company or LLC and any Subsidiarysubsidiary. Each of the Plans is subject only to the laws of the United States or a political subdivision thereof.