Compliance of Plans Sample Clauses

Compliance of Plans. To the Knowledge of Seller, and except as disclosed on Schedule 4.24(b):
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Compliance of Plans. Section 3.11(c)........ Determination Letters Section 3.11(e)........
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Compliance of Plans. Except as disclosed in Schedule 5.17, (1) each employer who is participating (or has participated) in each plan ("Sponsors") is in material compliance with the requirements provided by any and all statutes, orders or governmental rules or regulations currently in effect, including without limitation the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), and the Code; (2) each plan and its related trust, if any, are qualified under section 401(a) and 501(a) of the Code and has been determined by the IRS to qualify, and nothing has since occurred to cause the loss of the plan's qualification; (3) all contributions for all periods ending prior to Closing Date (including periods from the first day of the current plan year to the Closing Date) will be made prior to the Closing by Lexus in accordance with past practice; (4) all insurance premiums (including premiums to the Pension Benefit Guaranty Corporation ("PBGC") have been paid in full, subject only to normal retrospective adjustments in the ordinary course, with regard to each plan for policy years or other applicable policy periods ending on or before Closing; (5) that no accumulated funding deficiency within the meaning of ERISA Section 302 or Code Section 412 has been incurred with respect to any plan, whether or not waived; (6) neither the Sponsors nor any of their directors, officers, employees or any other fiduciary has any liability for failure to comply with ERISA or the Code for any action or failure to act in connection with the administration or investment of the plan; (7) no plan subject to Tile IV of ERISA has been completely or partially terminated; (8) the PBGC has not instituted or threatened a proceeding to terminate any plan pursuant to Subtitle 1 of Title IV of ERISA; (9) that there is no pending or threatened legal action, proceeding or investigation against or involving any plan and there is no basis for any legal action, proceeding or investigation; (10) Lexus does not have any liability for the termination of any single employer plan under ERISA Section 4062 or any multiple employer plan under ERISA Section 4063; (11) Lexus has not incurred, nor expects to incur any withdrawal liability (either as a contributing employer or as part of a controlled group which includes a contributing employer), which has not been satisfied, to any multiemployer plan (as defined in ERISA Section 3(37) of ERISA 4001(a)(3)) in connection with any complete or partial withdrawal from su...
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Compliance of Plans. The Borrower will not, and will not permit or cause any ERISA Affiliate to, directly or indirectly, (i) take or fail to take any action that could reasonably be expected to result in a liability of the Borrower or any ERISA Affiliate to the PBGC or to a Multiemployer Plan, (ii) terminate any Pension Plan subject to Title IV of ERISA so as to result in a liability of the Borrower or any ERISA Affiliate, (iii) permit to exist any ERISA Event, or any other event or condition, that presents the risk of a liability of the Borrower or any ERISA Affiliate, or
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Compliance of Plans. All Seller Benefit Plans covering Seller Employees, to the extent subject to ERISA, are in substantial compliance with ERISA. Each Seller Benefit Plan which is an “employee pension benefit plan” within the meaning of Section 3(2) of ERISA (a “Seller Pension Plan”) and which is intended to be qualified under Section 401(a) of the Code, has received a favorable determination letter from the IRS, and to Seller’s Knowledge, there are no circumstances likely to result in revocation of any such favorable determination letter or the loss of the qualification of such Seller Pension Plan under Section 401(a) of the Code. There is no pending or, to Seller’s Knowledge, threatened litigation or Governmental Authority enforcement action relating to the Seller Benefit Plans. Seller has not engaged in a transaction with respect to any Seller Benefit Plan or Seller Pension Plan that, assuming the taxable period of such transaction expired as of the date hereof, could subject Seller to a material tax or penalty imposed by either Section 4975 of the Code or Section 502(i) of ERISA.
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Compliance of Plans. Each Employee Benefit Plan has been operated in all material respects in accordance with its terms and the requirements of applicable Requirements of Law. The Seller has performed all material obligations required to be performed by it under, not in any material respect in default under or in material violation of, and the Seller has no Knowledge of any material default or violation by any party to, any Employee Benefit Plan. No Proceeding is pending or, to the Knowledge of the Seller, threatened with respect to any Employee Benefit Plan (other than claims for benefits in the ordinary course).
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Related to Compliance of Plans

  • Compliance with Policies Each Individual Limited Partner hereby agrees that he shall comply with all policies and procedures adopted by any member of the Och-Ziff Group or which Limited Partners are required to observe by law, or by any recognized stock exchange, or other regulatory body or authority.

  • Compliance with Plan This Option is subject to, and the Company and the Holder agree to be bound by, all of the terms and conditions of the Plan as it shall be amended from time to time, which are incorporated herein by reference. No amendment to the Plan shall adversely affect this Option without the consent of the Holder. In the case of a conflict between the terms of the Plan and this Option, the terms of the Plan shall govern.

  • Compliance with FCPA Each of the Credit Parties and their Subsidiaries is in compliance with the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq., and any foreign counterpart thereto. None of the Credit Parties or their Subsidiaries has made a payment, offering, or promise to pay, or authorized the payment of, money or anything of value (a) in order to assist in obtaining or retaining business for or with, or directing business to, any foreign official, foreign political party, party official or candidate for foreign political office, (b) to a foreign official, foreign political party or party official or any candidate for foreign political office, and (c) with the intent to induce the recipient to misuse his or her official position to direct business wrongfully to such Credit Party or its Subsidiary or to any other Person, in violation of the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq.

  • Litigation and Compliance There is no action, suit, investigation, litigation or proceeding against such Legal Entity pending or threatened before any court, governmental agency or arbitrator that challenges, or would reasonably be expected to have a material adverse effect on, the legality, validity or enforceability of this Agreement.

  • Compliance with Orders The Company is not in violation of any material judgment, decree, or order of any court, arbitrator or other governmental authority.

  • Compliance with Rules To comply with, and to require the Contractors to comply with, all rules, regulations, ordinances and laws bearing on the conduct of the work on the Improvements, including the requirements of any insurer issuing coverage on the Project and the requirements of any applicable supervising boards of fire underwriters.

  • Compliance with Rules and Policies The Executive shall perform all services in accordance with the lawful policies, procedures and rules established by the Company and the Board. In addition, the Executive shall comply with all laws, rules and regulations that are generally applicable to the Company or its subsidiaries and their respective employees, directors and officers.

  • Compliance with OFAC None of the Company and its Subsidiaries or, to the Company’s knowledge, any director, officer, agent, employee or affiliate of the Company and its Subsidiaries or any other person acting on behalf of the Company and its Subsidiaries, is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury (“OFAC”), and the Company will not, directly or indirectly, use the proceeds of the Offering hereunder, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

  • Compliance with Governmental Regulations Landlord and Tenant shall comply with all rules, regulations and requirements promulgated by national, state or local governmental agencies or utility suppliers concerning the use of utility services, including any rationing, limitation or other control. Tenant shall not be entitled to terminate this Lease nor to any abatement in rent by reason of such compliance.

  • Compliance with Record Keeping Requirements Participating Dealer agrees to comply with the record keeping requirements of the Exchange Act, including but not limited to, Rules 17a-3 and 17a-4 promulgated under the Exchange Act. Participating Dealer further agrees to keep such records with respect to each customer who purchases Primary Shares, his suitability and the amount of Primary Shares sold, and to retain such records for such period of time as may be required by the Commission, any state securities commission, FINRA or the Company.

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