Common use of Compliance with ERISA; Non-U.S. Plans Clause in Contracts

Compliance with ERISA; Non-U.S. Plans. (a) The Company, the Parent Guarantor and each ERISA Affiliate have operated and administered each Plan in compliance with all applicable laws except for such instances of noncompliance as have not resulted in and could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect. Neither the Company, the Parent Guarantor nor any ERISA Affiliate has incurred any liability pursuant to Title I or IV of ERISA or the penalty or excise tax provisions of the Code relating to employee benefit plans (as defined in section 3 of ERISA), and no event, transaction or condition has occurred or exists that could, individually or in the aggregate, reasonably be expected to result in the incurrence of any such liability by the Company, the Parent Guarantor or any ERISA Affiliate, or in the imposition of any Lien on any of the rights, properties or assets of the Company, the Parent Guarantor or any ERISA Affiliate, in either case pursuant to Title I or IV of ERISA or to section 430(k) of the Code or to any such penalty or excise tax provisions under the Code or federal law or section 4068 of ERISA or by the granting of a security interest in connection with the amendment of a Plan, other than such liabilities or Liens as would not be individually or in the aggregate Material.

Compliance with ERISA; Non-U.S. Plans. (a) 13.15.1 The CompanyBorrower, the Parent Guarantor Guarantors and each their ERISA Affiliate Affiliates (if applicable) have operated established, operated, administered, invested and administered maintained each Plan in compliance with its terms, applicable collective bargaining agreements and all applicable laws Laws except for such instances of noncompliance as have not resulted in and could not, individually or in the aggregate, not reasonably be expected to result in a Material Adverse Effect. Neither None of the CompanyBorrower, the Parent Guarantor nor Guarantors or any of their ERISA Affiliate Affiliates has incurred any liability pursuant to Title I or IV of ERISA or the penalty or excise tax provisions of the US Revenue Code relating to employee benefit plans (as defined in section 3 of ERISA), and no event, transaction or condition has occurred or exists that could, individually or in the aggregate, could reasonably be expected to result in the incurrence of any such liability by the Company, the Parent Borrower or any Guarantor or any ERISA Affiliate, or in the imposition of any Lien on any of the rights, properties Properties or assets of the CompanyBorrower, the Parent any Guarantor or any ERISA Affiliate, in either case pursuant to Title I or IV of ERISA or to section 430(k) of the Code or to any such penalty or excise tax provisions under or to section 401(a)(29) or 412 of the Code or federal law or section 4068 of ERISA or by the granting of a security interest in connection with the amendment of a PlanUS Revenue Code, other than such liabilities or Liens as would not be could not, individually or in the aggregate Materialaggregate, reasonably be expected to have a Material Adverse Effect.

Compliance with ERISA; Non-U.S. Plans. (a) The Company, the Parent Guarantor Each Obligor and each ERISA Affiliate have operated and administered each Plan “employee benefit plan” (as such term is defined in Section 3(3) of ERISA) in compliance with all applicable laws except for such instances of noncompliance as have not resulted in and could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect. Neither the Company, the Parent Guarantor No Obligor nor any ERISA Affiliate has incurred any liability pursuant to Title I or IV of ERISA or the penalty or excise tax provisions of the Code UTI Worldwide Inc. Note Purchase Agreement relating to employee benefit plans (as defined in section 3 of ERISA), and no event, transaction or condition has occurred or exists that couldthat, in either case, would, individually or in the aggregate, reasonably be expected to result in the incurrence of any such liability by the Company, the Parent Guarantor any Obligor or any ERISA Affiliate, or in the imposition of any Lien on any of the rights, properties or assets of the Company, the Parent Guarantor any Obligor or any ERISA Affiliate, in either case pursuant to Title I or IV of ERISA or to section 430(k) of the Code or to any such penalty or excise tax provisions under the Code or federal law or section 4068 of ERISA or by the granting of a security interest in connection with the amendment of a Plan, other than such liabilities or Liens as would not be individually or in the aggregate Material.

Compliance with ERISA; Non-U.S. Plans. (a) The CompanyU.S. Borrower, the Parent Guarantor each of its Subsidiaries, and each ERISA Affiliate have operated and administered each Plan in compliance with all applicable laws except for such instances of noncompliance as have not resulted in and could not, individually or in the aggregate, not reasonably be expected to result in a Material Adverse Effect. Neither None of the CompanyU.S. Borrower, the Parent Guarantor any of its Subsidiaries, nor any ERISA Affiliate has incurred any liability pursuant to Title I or IV of ERISA or the penalty or excise tax provisions of the Code relating to employee benefit plans (as defined in section 3 of ERISA), and no event, transaction or condition has occurred or exists that could, individually or in the aggregate, could reasonably be expected to result in the incurrence of any such liability by the CompanyU.S. Borrower, the Parent Guarantor any of its Subsidiaries, or any ERISA Affiliate, or in the imposition of any Lien on any of the rights, properties or assets of the CompanyU.S. Borrower, the Parent Guarantor any of its Subsidiaries, or any ERISA Affiliate, in either case pursuant to Title I or IV of ERISA or to section 430(k) of the Code or to any such penalty or excise tax provisions under or to section 401(a)(29) or 412 of the Code or federal law or section 4068 of ERISA or by the granting of a security interest in connection with the amendment of a PlanCode, other than such liabilities or Liens as would could not reasonably be expected to result, individually or in the aggregate Materialaggregate, in the occurrence of a Material Adverse Effect.

Compliance with ERISA; Non-U.S. Plans. (a) The Company, the Parent Guarantor Newco and each ERISA Affiliate have operated and administered each Plan (other than a Multiemployer Plan) in compliance with all applicable laws except for such instances of noncompliance as have not resulted in and could not, individually or in the aggregate, not reasonably be expected to result in a Material Adverse Effect. Neither the Company, the Parent Guarantor Newco nor any ERISA Affiliate has incurred any liability pursuant to Title I or IV of ERISA or the penalty or excise tax provisions of the Code relating to employee benefit plans (as defined in section 3 of ERISA), and no event, transaction or condition has occurred or exists that could, individually or in the aggregate, could reasonably be expected to result in the incurrence of any such liability by the Company, the Parent Guarantor Newco or any ERISA Affiliate, or in the imposition of any Lien on any of the rights, properties or assets of the Company, the Parent Guarantor Newco or any ERISA Affiliate, in either case pursuant to Title I or IV of ERISA or to section 430(k) of the Code or to any such penalty or excise tax provisions under or to section 401(a)(29) or 412 of the Code or federal law or section 4068 of ERISA or by the granting of a security interest Code, in connection with the amendment of a Planeach case, other than such liabilities or Liens as would not be individually or in the aggregate Material.