Common use of Employee Benefit Plan Compliance Clause in Contracts

Employee Benefit Plan Compliance. (i) Each Employee Benefit Plan (other than the Multiemployer Plans) has been administered substantially in accordance with its terms; (ii) each Employee Benefit Plan (other than the Multiemployer Plans) and each related trust, insurance contract or fund complies in form and in operation and has been administered substantially in accordance with any applicable provisions of ERISA, the Code and all other Laws, all reports, returns and other documentation (including Form 5500 Annual Reports and PBGC-1s) that are required to have been filed with the IRS, the United States Department of Labor, the PBGC or any other Governmental Authority have been filed on a timely basis in each instance in which the failure to file such reports, returns and other documents would result in any material Liability to PCC or the Asset Sale Companies; (iii) other than routine claims for benefits, no Liens, lawsuits or complaints to or by any Person or Governmental Authority have been filed or, to the Knowledge of PCC, are contemplated or threatened, with respect to any Employee Benefit Plan (other than the Multiemployer Plans) except for those that would not reasonably be expected to result in any material Liability to PCC or the Asset Sale Companies.

Employee Benefit Plan Compliance. (i) Each Employee Benefit Plan (other than the Multiemployer UMWA Plans) has been administered substantially in accordance with its terms; (ii) each Employee Benefit Plan (other than the Multiemployer UMWA Pension Plans) and each related trust, insurance contract or fund complies in form and in operation and has been administered substantially in accordance with any applicable provisions of ERISA, the Code and all other Laws, ; and all reports, returns and other documentation (including Form 5500 Annual Reports and PBGC-1s) that are required to have been filed with the IRS, the United States Department of Labor, the PBGC or any other Governmental Authority have been filed on a timely basis in each instance in which the failure to file such reports, returns and other documents would result in any material Liability to PCC the AMCI Parties or the Asset Sale Subject Companies; (iii) other than routine claims for benefits, no Liens, lawsuits or complaints to or by any Person or Governmental Authority have been filed or, to the Knowledge of PCCthe AMCI Parties, are contemplated or threatened, with respect to any Employee Benefit Plan (other than the Multiemployer UMWA Plans) except for those that would not reasonably be expected to result in any material Liability to PCC or the Asset Sale AMCI Parties, the Subject Companies.