Common use of Company Group Matters; Funding Clause in Contracts

Company Group Matters; Funding. Neither the Company, nor any corporation that may be aggregated with the Company under Sections 414(b), (c), (m) or (o) of the IRC (the "COMPANY GROUP"), has any obligation to contribute to, or any direct or indirect Liability with respect to, any Benefit Plan of the type described in Sections 4064 of ERISA or Section 414(c) of the IRC. The Company does not have any Liability, and after the Closing the Company will not have any Liability, with respect to any Benefit Plan of any other member of the Company Group, whether as a result of delinquent contributions, distress terminations, fraudulent transfers, failure to pay premiums to the PBGC, withdrawal liability or otherwise. No accumulated funding deficiency (as defined in Section 402 of ERISA and Section 412 of the IRC) exists nor has any funding waiver from the IRS been received or requested with respect to any Company Plan or

Company Group Matters; Funding. Neither the Company, nor any corporation that may be aggregated with the Company under Sections 414(b), (c), (m) or (o) of the IRC (the "COMPANY GROUPCompany Group"), has any obligation to contribute to, or any direct or indirect Liability with respect to, any Benefit Plan benefit plan of the type described in Sections 4064 of ERISA or Section 414(c) of the IRC. The Company does not have any Liability, and after the Closing Closing, the Company will not have any Liability, with respect to any Benefit Plan benefit plan of any other member of the Company Group, whether as a result of delinquent contributions, distress terminations, fraudulent transfers, failure to pay premiums to the PBGC, withdrawal liability or otherwise. No accumulated funding deficiency (as defined in Section 402 of ERISA and Section 412 of the IRC) exists nor has any funding waiver from the IRS been received or requested with respect to any Company Plan oror Benefit Plan of any member of the Company Group. No excise or other Tax is due or owing because of any failure to comply with the minimum funding standards of the IRC or ERISA with respect to any Company Plan or Benefit Plan of any member of the Company Group.

Company Group Matters; Funding. Neither the Company, Company nor any corporation that may be aggregated with the Company under Sections Section 414(b), (c), (m) or (o) of the IRC Code (the "COMPANY GROUPCompany Group"), ) has any obligation to contribute to, to or any direct or indirect Liability liability under or with respect to, to any Benefit Plan of the type described in Sections 4063 and 4064 of ERISA or Section 414(c413(c) of the IRCCode. The Company does not have any Liabilityliability, and after the Closing the Company will not have any Liabilityliability, with respect to any Benefit Plan of any other member of the Company Group, whether as a result of delinquent contributions, distress terminations, fraudulent transfers, failure to pay premiums to the PBGC, withdrawal liability or otherwise. No accumulated funding deficiency (as defined in Section 402 302 of ERISA and Section 412 of the IRCCode) exists nor has any funding waiver from the IRS been received or requested with respect to any Company Plan oror any Benefit Plan of any member of the Company Group and no excise or other Tax is due or owing because of any failure to comply with the minimum funding standards of the Code or ERISA with respect to any of such plans.

Company Group Matters; Funding. Neither the Company, Company nor any corporation that may be aggregated with the Company under Sections 414(b), (c), (m) or (o) of the IRC Code (the "COMPANY GROUPCompany Group"), ) has any obligation to contribute to, to or any direct or indirect Liability liability under or with respect to, to any Benefit Plan of the type described in Sections 4063 and 4064 of ERISA or Section 414(c413(c) of the IRCCode. The Company does not have any Liabilityliability, and after the Closing the Company will not have any Liabilityliability, with respect to any Benefit Plan of any other member of the Company Group, whether as a result of delinquent contributions, distress terminations, fraudulent transfers, failure to pay premiums to the PBGC, withdrawal liability or otherwise. No accumulated funding deficiency (as defined in Section 402 302 of ERISA and Section 412 of the IRCCode) exists nor has any funding waiver from the IRS been received or requested with respect to any Company Plan oror any Benefit Plan of any member of the Company Group and no excise or other Tax is due or owing because of any failure to comply with the minimum funding standards of the Code or ERISA with respect to any of such plans.