Certain Company Employee Plans. With respect to each Company Employee Plan:
(i) no such plan is a “multiemployer plan” within the meaning of Section 3(37) of ERISA or a “multiple employer plan” within the meaning of Section 413(c) of the Code and neither the Company nor any of its Company ERISA Affiliates has now or at any time within the previous six years contributed to, sponsored, maintained, or had any liability or obligation in respect of any such multiemployer plan or multiple employer plan;
(ii) no Legal Action has been initiated by the PBGC to terminate any such Company Employee Plan or to appoint a trustee for any such Company Employee Plan;
(iii) no Company Employee Plan is subject to the minimum funding standards of Section 302 of ERISA or Sections 412, 418(b), or 430 of the Code, and none of the assets of the Company or any Company ERISA Affiliate is, or may reasonably be expected to become, the subject of any lien arising under Section 303 of ERISA or Sections 430 or 436 of the Code; and
(iv) no “reportable event,” as defined in Section 4043 of ERISA, has occurred, or is reasonably expected to occur, with respect to any such Company Employee Plan.
Certain Company Employee Plans. With respect to each Company Employee Plan:
(i) no such plan is a “multiemployer plan” within the meaning of Section 3(37) of ERISA or a “multiple employer plan” within the meaning of Section 413(c) of the Code and neither the Company nor any of its Company ERISA Affiliates has now or at any time within the previous six years contributed to, sponsored, maintained, or had any liability or obligation in respect of any such multiemployer plan or multiple employer plan;
(ii) no Legal Action has been initiated by the PBGC to terminate any such Company Employee Plan or to appoint a trustee for any such Company Employee Plan;
(iii) no Company Employee Plan is subject to the minimum funding standards of Section 302 of ERISA or Sections 412, 418(b), or 430 of the Code, and none of the assets of the Company or any Company ERISA Affiliate is, or may reasonably be expected to become, the subject of any lien arising under Section 303 of ERISA or Sections 430 or 436 of the Code. Except as set forth in Section 3.12(e) of the Company Disclosure Letter, no such plan is subject to the minimum funding standards of Section 302 of ERISA or Sections 412, 418(b), or 430 of the Code, and no plan listed in Section 3.12(e) of the Company Disclosure Letter has failed to satisfy the minimum funding standards of Section 302 of ERISA or Sections 412, 418(b), or 430 of the Code, and none of the assets of the Company or any Company ERISA Affiliate is, or may reasonably be expected to become, the subject of any lien arising under Section 303 of ERISA or Sections 430 or 436 of the Code]; and
(iv) no “reportable event,” as defined in Section 4043 of ERISA, has occurred, or is reasonably expected to occur, with respect to any such Company Employee Plan.
Certain Company Employee Plans. No Company Employee Plan is a “multi-employer plan” within the meaning of Section 3(37) of ERISA or a “multiple employer plan” within the meaning of Section 413(c) of the Code and neither the Company nor any of its ERISA Affiliates has at any time contributed to or had any liability or obligation in respect of any such multi-employer plan or multiple employer plan.
Certain Company Employee Plans. With respect to each Company Employee Plan:
(i) no such plan is a “multiemployer plan” within the meaning of Section 3(37) of ERISA or a “multiple employer plan” within the meaning of Section 413(c) of the Code, and neither the Company nor any of its Company ERISA Affiliates has now or at any time within the previous six years contributed to, sponsored, maintained, or had any liability or obligation in respect of any such Multiemployer Plan or multiple employer plan;
(ii) no Legal Action has been initiated by the Pension Benefit Guaranty Corporation to terminate any such Company Employee Plan or to appoint a trustee for any such Company Employee Plan;
(iii) no Company Employee Plan is subject to the minimum funding standards of Section 302 of ERISA or Sections 412, 418(b), or 430 of the Code; and
(iv) no “reportable event,” as defined in Section 4043 of ERISA, has occurred, or is reasonably expected to occur, with respect to any such Company Employee Plan.
Certain Company Employee Plans. With respect to each Company Employee Plan:
(i) no such plan is a “multi-employer plan” within the meaning of Section 3(37) of ERISA or a “multiple employer plan” within the meaning of Section 413(c) of the Code and neither the Company nor any of its ERISA affiliates has at any time contributed to or had any liability or obligation in respect of any such multi-employer plan or multiple employer plan;
(ii) no Legal Action has been initiated by the Pension Benefit Guaranty Corporation to terminate any such plan or to appoint a trustee for any such plan;
(iii) no such plan is subject to the minimum funding standards of Section 302 of ERISA or Section 412 of the Code; and
(iv) no “reportable event,” as defined in Section 4043 of ERISA, has occurred with respect to any such plan.
Certain Company Employee Plans. With respect to each Company Employee Plan:
i. No such plan is a "multi-employer plan" within the meaning of Section 3(37) of ERISA or a "multiple employer plan" within the meaning of Section 413(c) of the Code and neither the Company nor any of its ERISA affiliates has at any time contributed to or had any liability or obligation in respect of any such Multi-employer Plan or multiple employer plan;
ii. No Legal Action has been initiated by the Pension Benefit Guaranty Corporation to terminate any such plan or to appoint a trustee for any such plan;
iii. No "reportable event," as defined in Section 4043 of ERISA, has occurred with respect to any such plan. (A reportable event occurs when the Secretary of the Treasury issues a notice that a plan has ceased to be a plan described in Section 4021(a)(2) of ERISA, or when the Secretary of Labor determines that a plan is not in compliance with Title I of ERISA)
Certain Company Employee Plans. With respect to each Company Employee Plan:
(i) no such plan is (i) a "multi-employer plan" within the meaning of Section 3(37) or 4001(a)(3) of ERISA, (ii) a "multiple employer plan" within the meaning of Section 413(c) of the Code or Section 4063, 4064 or 4066 of ERISA, (iii) a multiple employer welfare plan within the meaning of Section 3(40)(A) of ERISA, or (iv) an employee benefit plan within the meaning of Section 3(3) of ERISA that is subject to Section 302 or Title IV of ERISA or Section 412 of the Code, and neither the Company nor any of its ERISA Affiliates has at any time contributed to or had any liability or obligation in respect of any such plan;
(ii) no such plan is subject to the Pension Benefit Guaranty Corporation;
(iii) no assets of such plan are held in a “rabbi trust” or similar funding vehicle; 26995100v.1
(iv) to the extent subject to Section 409A of the Code, such plan has been maintained in written form, and administered and operated in material compliance in all respects, with Section 409A of the Code and the regulations and rulings thereunder; and
(v) except as set forth in Section 4.12(e)(v) of the Company Disclosure Letter or as otherwise contemplated by this Agreement, neither this Agreement nor any transaction contemplated hereby (either alone or in combination with any other event) will: (A) entitle any Company Employee to severance pay, unemployment compensation or any similar or other payment; (B) accelerate the time of payment or vesting of, or increase the amount of compensation or benefits due any Company Employee; (C) increase any benefits otherwise payable under any Company Employee Plan; or (D) cause the payment of any “excess parachute payment” (as defined in Section 280G of the Code) or that could be nondeductible by reason of Section 162(m) of the Code (or any corresponding provision of foreign, state or local Law).
Certain Company Employee Plans. With respect to each Company Employee Plan:
(i) no such plan is a “multi-employer plan” within the meaning of Section 3(37) of ERISA or a “multiple employer plan” within the meaning of Section 413(c) of the Code and neither the Company nor any of its ERISA Affiliates has within the last six years or, to the Knowledge of the Company, at any earlier time contributed to or had any liability or obligation in respect of any such Multi-employer Plan or multiple employer plan;
(ii) no Legal Action has been initiated by the Pension Benefit Guaranty Corporation to terminate any such plan or to appoint a trustee for any such plan; and
(iii) no “reportable event,” as defined in Section 4043 of ERISA, has occurred with respect to any such plan.
Certain Company Employee Plans. No Company Employee Plan is a multiemployer plan (as defined in Section 3(37) of ERISA), a multiple employer plan (as defined in Section 4063 or Section 4064 of ERISA or Section 413 of the Code), an employee benefit plan that is subject to Section 302 of ERISA, Title IV of ERISA or Section 412 of the Code, a defined benefit plan (as defined in Section 3(35) of ERISA), or a multiple employer welfare arrangement (as defined in Section 3(40) of ERISA), a “multi-unit pension plan” or “multi-employer pension plan” as that term is defined in The Pension Benefits Act (Manitoba) or similar legislation in any other province or jurisdiction of Canada or a “registered pension plan” as that term is defined in the Tax Act.
Certain Company Employee Plans. With respect to each Company Employee Plan:
(i) no such plan is subject to Title IV of ERISA or similar provisions of the Code or foreign Law or regulations relating to employee defined benefit pension plans; and
(ii) no such plan is a “multi-employer plan” within the meaning of Section 3(37) of ERISA or a “multiple employer plan” within the meaning of Section 413(c) of the Code and neither the Company nor any of its ERISA affiliates has at any time contributed to or had any liability or obligation in respect of any such multi-employer plan or multiple employer plan.
