Common use of Collectively Bargained, Multiemployer and Multiple-Employer Plan Clause in Contracts

Collectively Bargained, Multiemployer and Multiple-Employer Plan. At no time has the Company or any ERISA Affiliate contributed to or been obligated to contribute to any multiemployer plan (as defined in Section 3(37) of ERISA). Neither the Company nor any ERISA Affiliate has at any time ever maintained, established, sponsored, participated in or contributed to any multiple employer plan or to any plan described in Section 413 of the Code.

Appears in 7 contracts

Samples: Merger Agreement (Cornerstone OnDemand Inc), Merger Agreement (Veracyte, Inc.), Merger Agreement (Linkedin Corp)

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Collectively Bargained, Multiemployer and Multiple-Employer Plan. At no time has the Company Company, any of its Subsidiaries or any ERISA Affiliate contributed to or been obligated to contribute to any multiemployer plan (as defined in Section 3(37) of ERISA). Neither the Company Company, any of its Subsidiaries nor any ERISA Affiliate has at any time ever maintained, established, sponsored, participated in or contributed to any multiple employer plan or to any plan described in Section 413 of the Code.

Appears in 7 contracts

Samples: Merger Agreement (Tarantella Inc), Merger Agreement (Sun Microsystems, Inc.), Merger Agreement (Sun Microsystems, Inc.)

Collectively Bargained, Multiemployer and Multiple-Employer Plan. At no time has the Company or any of its Subsidiaries or any ERISA Affiliate contributed to or been obligated to contribute to any multiemployer plan (as defined in Section 3(37) and 4001(a)(3) of ERISA). Neither the Company nor any of its Subsidiaries nor any ERISA Affiliate has at any time ever maintained, established, sponsored, participated in or contributed to any multiple employer plan or to any plan described in Section 413 of the Code.

Appears in 6 contracts

Samples: Acquisition Agreement (Taleo Corp), Merger Agreement (Taleo Corp), Arrangement Agreement (Aruba Networks, Inc.)

Collectively Bargained, Multiemployer and Multiple-Employer Plan. At no time has the Company or any ERISA Affiliate contributed to or been obligated to contribute to to, any multiemployer plan (as defined in Section 3(37) of ERISA). Neither the Company nor any ERISA Affiliate has at any time ever maintained, established, sponsored, participated in or contributed to any multiple employer plan or to any plan described in Section 413 of the Code.

Appears in 5 contracts

Samples: Agreement and Plan of Reorganization (Fusion-Io, Inc.), Merger Agreement (Align Technology Inc), Agreement and Plan of Merger and Reorganization (Supergen Inc)

Collectively Bargained, Multiemployer and Multiple-Employer Plan. At no time has the Company or any ERISA Affiliate contributed to or been obligated to contribute to any multiemployer plan (as defined in Section 3(37) of ERISA)Multiemployer Plan. Neither the Company nor any ERISA Affiliate has at any time ever maintained, established, sponsored, participated in or contributed to any multiple employer plan or to any plan described in Section 413 of the Code.

Appears in 5 contracts

Samples: Merger Agreement (Aptalis Holdings Inc.), Merger Agreement (Pegasystems Inc), Merger Agreement (Aptalis Pharma Inc)

Collectively Bargained, Multiemployer and Multiple-Employer Plan. At no time has the Company or any ERISA Affiliate contributed to or been obligated to contribute to any multiemployer plan (as defined in Section 3(37) of ERISA). Neither the Company nor any ERISA Affiliate has at any time ever maintained, established, sponsored, participated in or contributed to any multiple employer plan or to any plan described in Section 413 of the Code.

Appears in 4 contracts

Samples: Merger Agreement (Quantum Corp /De/), Merger Agreement (Answers CORP), Merger Agreement (McAfee, Inc.)

Collectively Bargained, Multiemployer and Multiple-Employer Plan. At no time has the Company Company, any of its Subsidiaries or any ERISA Affiliate contributed to or been obligated to contribute to any multiemployer plan (as defined in Section 3(37) of ERISA). Neither the Company Company, any of its Subsidiaries nor any ERISA Affiliate has at any time ever maintained, established, sponsored, participated in or contributed to any multiple employer plan or to any plan described in Section 413 of the Code.

Appears in 3 contracts

Samples: Merger Agreement (NMS Communications Corp), Merger Agreement (Harmonic Inc), Merger Agreement (Harmonic Inc)

Collectively Bargained, Multiemployer and Multiple-Employer Plan. At no time has have the Company or any ERISA Affiliate contributed to or been obligated to contribute to any multiemployer plan (as defined in Section 3(37) of ERISA). Neither None of the Company nor any ERISA Affiliate has at any time ever maintained, established, sponsored, participated in or contributed to any multiple employer plan or to any plan described in Section 413 of the Code.

Appears in 3 contracts

Samples: Merger Agreement (Fulgent Genetics, Inc.), Agreement and Plan of Merger (Accolade, Inc.), Merger Agreement (Procore Technologies, Inc.)

Collectively Bargained, Multiemployer and Multiple-Employer Plan. At no time has the Company or any ERISA Affiliate contributed to or been obligated to contribute to any multiemployer plan (as defined in Section 3(37) of ERISA). Neither the Company nor any ERISA Affiliate has at any time ever maintained, established, sponsored, participated in in, or contributed to any multiple employer plan or to any plan described in Section 413 of the Code.

Appears in 3 contracts

Samples: Membership Interest Purchase Agreement (Assure Holdings Corp.), Membership Interest Purchase Agreement (TRxADE HEALTH, INC), Membership Interest Purchase Agreement (TRxADE HEALTH, INC)

Collectively Bargained, Multiemployer and Multiple-Employer Plan. At no time has the Company Company, the Company’s Subsidiaries or any ERISA Affiliate contributed to or been obligated to contribute to any multiemployer plan (as defined in Section 3(37) of ERISA). Neither None of the Company nor Company, the Company’s Subsidiaries or any ERISA Affiliate has at any time ever maintained, established, sponsored, participated in or contributed to any multiple employer plan or to any plan described in Section 413 of the Code.

Appears in 2 contracts

Samples: Merger Agreement (Twilio Inc), Agreement and Plan of Reorganization (Twilio Inc)

Collectively Bargained, Multiemployer and Multiple-Employer Plan. At no time has the Company Company, any of its Subsidiaries or any ERISA Affiliate contributed to or been obligated to contribute to any multiemployer plan (as defined in Section 3(37) of ERISA)) or any similar plan in any non-U.S. jurisdiction. Neither the Company Company, any of its Subsidiaries nor any ERISA Affiliate has at any time ever maintained, established, sponsored, participated in or contributed to any multiple employer plan or to any plan described in Section 413 of the Code.

Appears in 2 contracts

Samples: Merger Agreement (Kanbay International Inc), Merger Agreement (Cap Gemini Sa)

Collectively Bargained, Multiemployer and Multiple-Employer Plan. At no time has the Company or any ERISA Affiliate contributed to or been obligated to contribute to any multiemployer plan (as defined in Section 3(37) of ERISA). Neither the Company nor any ERISA Affiliate has at any time ever maintained, established, sponsored, participated in or contributed to any multiple employer plan or to any plan described in Section 413 of the Internal Revenue Code.

Appears in 2 contracts

Samples: Merger Agreement (Shanda Games LTD), Merger Agreement (Spreadtrum Communications Inc)

Collectively Bargained, Multiemployer and Multiple-Employer Plan. At no time has the Company or any ERISA Affiliate contributed to or been obligated to contribute to any multiemployer plan (plan, as defined in Section 414(f) of the Code and Section 3(37) of ERISA). Neither the Company nor any ERISA Affiliate has at any time ever maintained, established, sponsored, participated in or contributed to any multiple employer plan or to any plan described in Section 413 of the Code.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Key Hospitality Acquisition CORP), Merger Agreement (Key Hospitality Acquisition CORP)

Collectively Bargained, Multiemployer and Multiple-Employer Plan. At no time has the Company Company, any of its Subsidiaries or any ERISA Affiliate contributed to or been obligated to contribute to any multiemployer plan (as defined in Section 3(37) of ERISA). Neither None of the Company Company, any of its Subsidiaries nor any ERISA Affiliate has at any time ever maintained, established, sponsored, participated in or contributed to any multiple employer plan or to any plan described in Section 413 of the Code.

Appears in 1 contract

Samples: Merger Agreement (Fusion-Io, Inc.)

Collectively Bargained, Multiemployer and Multiple-Employer Plan. At no time has the Company or any ERISA Affiliate contributed to or been obligated to contribute to any multiemployer plan (as defined in Section 3(37) of ERISA). Neither the Company nor any ERISA Affiliate has at any time ever within the last six years maintained, established, sponsored, participated in or contributed to any multiple employer plan or to any plan described in Section 413 of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Nuance Communications, Inc.)

Collectively Bargained, Multiemployer and Multiple-Employer Plan. At no time has the Company or any ERISA Affiliate contributed to or been obligated to contribute to to, any multiemployer plan (as defined in Section 3(37) and 4001(a)(3) of ERISA). Neither the Company nor any ERISA Affiliate has at any time ever maintained, established, sponsored, participated in or contributed to any multiple employer plan or to any plan described in Section 413 of the Internal Revenue Code.

Appears in 1 contract

Samples: Merger Agreement (Audience Inc)

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Collectively Bargained, Multiemployer and Multiple-Employer Plan. At no time has the Company or any ERISA Affiliate contributed to or been obligated to contribute to any multiemployer plan (as defined in Section 3(37) of ERISA). Neither None of the Company nor Company, its subsidiaries, or any ERISA Affiliate has at any time ever maintained, established, sponsored, participated in or contributed to any multiple employer plan or to any plan described in Section 413 of the Code.

Appears in 1 contract

Samples: Merger Agreement (Linkedin Corp)

Collectively Bargained, Multiemployer and Multiple-Employer Plan. At no time has the Company or any ERISA Affiliate contributed to or been obligated to contribute to any multiemployer plan (as defined in Section 3(37) of ERISA). Neither None of the Company nor or any ERISA Affiliate has at any time ever maintained, established, sponsored, participated in or contributed to any multiple employer plan or to any plan described in Section 413 of the Code.

Appears in 1 contract

Samples: Merger Agreement (PagerDuty, Inc.)

Collectively Bargained, Multiemployer and Multiple-Employer Plan. At no time has the Company or any ERISA Affiliate contributed to or been obligated to contribute to any multiemployer plan (as defined in within the meaning of Section 3(37) of ERISA). Neither the Company nor any ERISA Affiliate has at any time ever maintained, established, sponsored, participated in or contributed to any multiple employer plan welfare arrangement within the meaning of Section 3(40) of ERISA or to any plan described in Section 413 of the Code.

Appears in 1 contract

Samples: Merger Agreement (Echo Healthcare Acquisition Corp.)

Collectively Bargained, Multiemployer and Multiple-Employer Plan. At no time has the Company or any ERISA Affiliate contributed to or been obligated to contribute to any multiemployer plan (as defined in Section 3(37) of ERISA). Neither the The Company nor any ERISA Affiliate has at any time ever never maintained, established, sponsored, participated in or contributed to any multiple employer plan or to any plan described in Section 413 of the Code.

Appears in 1 contract

Samples: Merger Agreement (API Technologies Corp.)

Collectively Bargained, Multiemployer and Multiple-Employer Plan. At no time has the Company or any Subsidiary or ERISA Affiliate ever participated in, contributed to or been obligated to contribute to any multiemployer plan (as defined in Section 3(37) of ERISA). Neither the Company Company, nor any Subsidiary or ERISA Affiliate has at any time ever maintained, established, sponsored, participated in or contributed to or been obligated to contribute to any multiple employer plan or to any plan described in Section 413 of the Code.

Appears in 1 contract

Samples: Merger Agreement (Evolving Systems Inc)

Collectively Bargained, Multiemployer and Multiple-Employer Plan. At no time has the Company Company, any of its Subsidiaries or any ERISA Affiliate contributed to or been obligated to contribute to any multiemployer plan (as defined in Section 3(37) of ERISA). Neither None of the Company nor Company, any of its Subsidiaries or any ERISA Affiliate has at any time ever maintained, established, sponsored, participated in or contributed to any multiple employer plan or to any plan described in Section 413 of the Code.

Appears in 1 contract

Samples: Merger Agreement (On2 Technologies, Inc.)

Collectively Bargained, Multiemployer and Multiple-Employer Plan. At no time has the Company or any ERISA Affiliate contributed to or been obligated to contribute to any multiemployer plan (as defined in Section 3(37) of ERISA). Neither the Company nor any ERISA Affiliate has at any time ever maintained, established, sponsored, participated in or contributed to any multiple employer plan or to any plan described in Section 413 of the Code.

Appears in 1 contract

Samples: Stock Purchase Agreement (theMaven, Inc.)

Collectively Bargained, Multiemployer and Multiple-Employer Plan. At no time has the Company or any ERISA Affiliate contributed to or been obligated to contribute to any multiemployer plan (as defined in Section 3(37) and 4001(a)(3) of ERISA). Neither the The Company nor any ERISA Affiliate has not at any time ever maintained, established, sponsored, participated in or contributed to any multiple employer plan or to any plan described in Section 413 of the Code.

Appears in 1 contract

Samples: Merger Agreement (Rambus Inc)

Collectively Bargained, Multiemployer and Multiple-Employer Plan. At no time has the Company or any ERISA Affiliate contributed to or been obligated to contribute to any multiemployer plan (as defined in Section 3(37) of ERISA). Neither the Company nor any ERISA Affiliate has at any time ever maintained, established, sponsored, participated in or contributed to any multiple employer plan plan” or any “multiple employer welfare arrangement” or to any plan described in Section 413 of the CodeCode or Sections 3(40) or 210 of ERISA.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Rocket Lab USA, Inc.)

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