Accumulated Funding Deficiencies; Liens. None of the Plans or any trust established thereunder has incurred any accumulated funding deficiency (as defined in Section 302 of ERISA and Section 412 of the Code), whether or not waived, as of the last day of the most recent fiscal year of each of the Plans. No contribution failure has occurred with respect to any Plan sufficient to give rise to a lien under Section 302(f) of ERISA.
Appears in 4 contracts
Samples: Merger Agreement (Conductus Inc), Agreement and Plan of Merger (Times Mirror Co /New/), Merger Agreement (Superconductor Technologies Inc)
Accumulated Funding Deficiencies; Liens. None of the Parent Plans or any trust established thereunder has incurred any accumulated funding deficiency (as defined in Section 302 of ERISA and Section 412 of the Code), whether or not waived, as of the last day of the most recent fiscal year of each of the Plans. No contribution failure has occurred with respect to any Parent Plan sufficient to give rise to a lien under Section 302(f) of ERISA.
Appears in 3 contracts
Samples: Merger Agreement (Conductus Inc), Merger Agreement (Hillman Co), Merger Agreement (Superconductor Technologies Inc)