Common use of Compliance with Laws and Terms of Plans Clause in Contracts

Compliance with Laws and Terms of Plans. Except as disclosed in the Rocky Mountain II Disclosure Letter, each Employee Benefit Plan and Benefit Arrangement to which Rocky Mountain II or any of its ERISA Affiliates is a party or to which Rocky Mountain II or any of its ERISA Affiliates is obligated to contribute has been operated or maintained in compliance in all material respects with all Applicable Laws, including, without limitation, ERISA and the Code, and has been maintained in material compliance with its terms and in material compliance with the terms of any applicable collective bargaining agreement. Except as disclosed in the Rocky Mountain II Disclosure Letter, with respect to any Employee Benefit Plan that is intended to qualify under Section 401 of the Code, a favorable determination letter as to qualification under Section 401 of the Code that considered the Tax Reform Act of 1986 has been issued and any amendments required for continued qualification under Section 401 of the Code have been timely adopted and nothing has occurred subsequent to the date of such determination letter that could adversely affect the qualified status of any such Plan.

Compliance with Laws and Terms of Plans. Except as disclosed in the Rocky Mountain II I Disclosure Letter, each Employee Benefit Plan and Benefit Arrangement to which Rocky Mountain II I or any of its ERISA Affiliates is a party or to which Rocky Mountain II I or any of its ERISA Affiliates is obligated to contribute has been operated or maintained in compliance in all material respects with all Applicable Laws, including, without limitation, ERISA and the Code, and has been maintained in material compliance with its terms and in material compliance with the terms of any applicable collective bargaining agreement. Except as disclosed in the Rocky Mountain II I Disclosure Letter, with respect to any Employee Benefit Plan that is intended to qualify under Section 401 of the Code, a favorable determination letter as to qualification under Section 401 of the Code that considered the Tax Reform Act of 1986 has been issued and any amendments required for continued qualification under Section 401 of the Code have been timely adopted and nothing has occurred subsequent to the date of such determination letter that could adversely affect the qualified status of any such Plan.