Common use of Controlled Group Liability Clause in Contracts

Controlled Group Liability. Neither the Company, nor any entity that would be aggregated with them under Code Section 414(b), (c), (m) or (o): (1) has ever terminated or withdrawn from an employee benefit plan under circumstances resulting (or expected to result) in liability to the Pension Benefit Guaranty Corporation ("PBGC"), the fund by which the employee benefit plan is funded, or any employee or beneficiary for whose benefit the plan is or was maintained (other than routine claims for benefits); (2) has any assets subject to (or expected to be subject to) a lien for unpaid contributions to any employee benefit plan; (3) has failed to pay premiums to the PBGC when due; (4) is subject to (or expected to be subject to) an excise tax under Code Section 4971; (5) has engaged in any transaction which would give rise to liability under Section 4069 or Section 4212(c) of ERISA; or (6) has violated Code Section 4980B or Section 601 through 608 of ERISA.

Controlled Group Liability. Neither of the Company, Companies nor any entity that would be aggregated with them the Companies under Code Section 414(b), (c), (m) or (o): (1i) has ever terminated or withdrawn from an employee benefit plan under circumstances resulting (or expected to result) in liability to the Pension Benefit Guaranty Corporation ("PBGC"), the fund by which the employee benefit plan is funded, or any employee or beneficiary for whose benefit the plan is or was maintained (other than routine claims for benefits); (2ii) has any assets subject to (or expected to be subject to) a lien for unpaid contributions to any employee benefit plan; (3iii) has failed to pay premiums to the PBGC when due; (4iv) is subject to (or expected to be subject to) an excise tax under Code Section 4971; (5v) has engaged in any transaction which would give rise to liability under Section 4069 or Section 4212(c) of ERISA; or (6vi) has violated Code Section 4980B or Section 601 through 608 of ERISA.

Controlled Group Liability. Neither the CompanyThe Fennxxx Xxxpanies, nor or any entity that would be aggregated with them the Fennxxx Xxxpanies under Code Section 414(b), (c), (m) or (o): (1i) has ever have never terminated or withdrawn from an employee benefit plan under circumstances resulting (or expected to result) in liability to the Pension Benefit Guaranty Corporation ("PBGC"), the fund by which the employee benefit plan is funded, or any employee or beneficiary for whose benefit the plan is or was maintained (other than routine claims for benefits); (2ii) has any have no assets subject to (or expected to be subject to) a lien for unpaid contributions to any employee benefit plan; (3iii) has have not failed to pay premiums to the PBGC when due; (4iv) is are not subject to (or expected to be subject to) an excise tax under Code Section 4971; (5v) has have not engaged in any transaction which would give rise to liability under Section 4069 or Section 4212(c) of ERISA; or (6vi) has have not violated Code Section 4980B or Section 601 through 608 of ERISA.

Controlled Group Liability. Neither the Company, Reserve nor, to the best of their knowledge, R&M nor any entity that would be aggregated with either of them under Code Section 414(b), (c), (m) or (o): (1i) has ever terminated or withdrawn from an employee benefit plan under circumstances resulting (or expected to result) in liability to the Pension Benefit Guaranty Corporation ("PBGC"), the fund by which the employee benefit plan is funded, or any employee or beneficiary for whose benefit the plan is or was maintained (other than routine claims for benefits); (2ii) has any assets subject to (or expected to be subject to) a lien for unpaid contributions to any employee benefit plan; (3iii) has failed to pay premiums to the PBGC when due; (4iv) is subject to (or expected to be subject to) an excise tax under Code Section 4971; (5v) has engaged in any transaction which would give rise to liability under Section 4069 or Section 4212(c) of ERISA; or (6vi) has violated in any material respect Code Section 4980B or Section 601 through 608 of ERISA.

Controlled Group Liability. Neither None of the CompanyCompanies, nor any entity that would be aggregated with them under Code Section Sections 414(b), (c), (m) or (o): ) of the Code: (1i) has ever terminated or withdrawn from an employee benefit plan under circumstances resulting (or expected to result) in liability to the Pension Benefit Guaranty Corporation ("PBGC"), the fund by which the employee benefit plan is funded, or any employee or beneficiary for whose benefit the plan is or was maintained (other than routine claims for benefits); (2ii) has any assets subject to (or expected to be subject to) a lien for unpaid contributions to any employee benefit plan; (3iii) has failed to pay premiums to the PBGC when due; (4iv) is subject to (or expected to be subject to) an excise tax under Code Section 4971; (5v) has engaged in any transaction which would give rise to liability under Section 4069 or Section 4212(c) of ERISA; or (6vi) has violated Code Section 4980B of the Code or Section 601 through 608 of ERISA.