Common use of Employee Benefit Plan Liability Clause in Contracts

Employee Benefit Plan Liability. As of the Closing Date and each Funding Date, as applicable, (i) no "accumulated funding deficiency" (as such term is defined under ERISA and the Code), whether or not waived, exists with respect to any "employee pension benefit plan" (as such term is defined under ERISA) sponsored, maintained or contributed to by the Seller or any of its Affiliates, and, to the Seller's Knowledge, no event has occurred or circumstance exists that may result in an accumulated funding deficiency as of the last day of the current plan year of any such plan; (ii) the Seller and each of its Affiliates has made all contributions required under each multiemployer plan (as such term is defined under ERISA) (a "Multiemployer Plan") to which the Seller or any of its Affiliates contributes or in which the Seller or any of its Affiliates participates (a "Seller Multiemployer Plan"); and (iii) neither the Seller nor any of its Affiliates has withdrawn from any Multiemployer Plan with respect to which there is any outstanding liability and, to the Seller's Knowledge, no event has occurred or circumstance exists that presents a risk of the occurrence of any withdrawal from, or the partition, termination, reorganization or insolvency of, any Seller Multiemployer Plan that could result in any liability to the Seller.

Appears in 2 contracts

Samples: Purchase and Contribution Agreement (Bluegreen Corp), Purchase and Contribution Agreement (Bluegreen Corp)

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Employee Benefit Plan Liability. As of the Closing Date and as of each Funding Transfer Date, as applicable, (i) no "accumulated funding deficiency" (as such term is defined under ERISA and the Code), whether or not waived, exists with respect to any "employee pension benefit plan" (as such term is defined under ERISA) sponsored, maintained or contributed to by the Seller Bluegreen or any of its Affiliates, and, to the SellerBluegreen's Knowledge, no event has occurred or circumstance exists that may result in an accumulated funding deficiency as of the last day of the current plan year of any such plan; (ii) the Seller Bluegreen and each of its Affiliates has made all contributions required under each multiemployer plan (as such term is defined under ERISA) (a "Multiemployer Plan") to which the Seller Bluegreen or any of its Affiliates contributes or in which the Seller Bluegreen or any of its Affiliates participates (a "Seller Bluegreen Multiemployer Plan"); and (iii) neither the Seller Bluegreen nor any of its Affiliates has withdrawn from any Multiemployer Plan with respect to which there is any outstanding liability and, to the SellerBluegreen's Knowledge, no event has occurred or circumstance exists that presents a risk of the occurrence of any withdrawal from, or the partition, termination, reorganization or insolvency of, any Seller Bluegreen Multiemployer Plan that could result in any liability to the SellerBluegreen.

Appears in 2 contracts

Samples: Transfer Agreement (Bluegreen Corp), Transfer Agreement (Bluegreen Corp)

Employee Benefit Plan Liability. As of the Closing Date and each Funding Transfer Date, as applicable, (i) no "accumulated funding deficiency" (as such term is defined under ERISA and the Code), whether or not waived, exists with respect to any "employee pension benefit plan" (as such term is defined under ERISA) sponsored, maintained or contributed to by the Seller it or any of its Affiliates, and, to the Seller's its Knowledge, no event has occurred or circumstance exists that may result in an accumulated funding deficiency as of the last day of the current plan year of any such plan; (ii) the Seller it and each of its Affiliates has made all contributions required under each multiemployer plan (as such term is defined under ERISA) (a "Multiemployer Plan") to which the Seller it or any of its Affiliates contributes or in which the Seller it or any of its Affiliates participates (a "Seller Depositor Multiemployer Plan"); and (iii) neither the Seller it nor any of its Affiliates has withdrawn from any Multiemployer Plan with respect to which there is any outstanding liability and, to the Seller's its Knowledge, no event has occurred or circumstance exists that presents a risk of the occurrence of any withdrawal from, or the partition, termination, reorganization or insolvency of, any Seller Depositor Multiemployer Plan that could result in any liability to the Sellerit.

Appears in 2 contracts

Samples: Sale Agreement (Bluegreen Corp), Sale Agreement (Bluegreen Corp)

Employee Benefit Plan Liability. As of the Closing Date and each Funding Transfer Date, as applicable, (i) no "accumulated funding deficiency" (as such term is defined under ERISA and the Code), whether or not waived, exists with respect to any "employee pension benefit plan" (as such term is defined under ERISA) sponsored, maintained or contributed to by the Seller it or any of its Affiliates, and, to the Seller's its Knowledge, no event has occurred or circumstance exists that may result in an accumulated funding deficiency as of the last day of the current plan year of any such plan; (ii) the Seller it and each of its Affiliates has made all contributions required under each multiemployer plan (as such term is defined under ERISA) (a "Multiemployer Plan") to which the Seller it or any of its Affiliates contributes or in which the Seller it or any of its Affiliates participates (a "Seller Multiemployer Plan"); and (iii) neither the Seller it nor any of its Affiliates has withdrawn from any Multiemployer Plan with respect to which there is any outstanding liability and, to the Seller's its Knowledge, no event has occurred or circumstance exists that presents a risk of the occurrence of any withdrawal from, or the partition, termination, reorganization or insolvency of, any Seller Multiemployer Plan that could result in any liability to the Sellerit.

Appears in 2 contracts

Samples: Purchase and Contribution Agreement (Bluegreen Corp), Purchase and Contribution Agreement (Bluegreen Corp)

Employee Benefit Plan Liability. As of the Closing Date and each Funding Transfer Date, as applicable, (iA) no "accumulated funding deficiency" (as such term is defined under ERISA and the Code), whether or not waived, exists with respect to any "employee pension benefit plan" (as such term is defined under ERISA) sponsored, maintained or contributed to by the Seller it or any of its Affiliates, and, to the Seller's its Knowledge, no event has occurred or circumstance exists that may result in an accumulated funding deficiency as of the last day of the current plan year of any such plan; (iiB) the Seller it and each of its Affiliates has made all contributions required under each multiemployer plan (as such term is defined under ERISA) (a "Multiemployer Plan") to which the Seller it or any of its Affiliates contributes or in which the Seller it or any of its Affiliates participates (a "Seller Multiemployer Plan"); and (iiiC) neither the Seller it nor any of its Affiliates has withdrawn from any Multiemployer Plan with respect to which there is any outstanding liability and, to the Seller's its Knowledge, no event has occurred or circumstance exists that presents a risk of the occurrence of any withdrawal from, or the partition, termination, reorganization or insolvency of, any Seller Multiemployer Plan that could result in any liability to the Sellerit.

Appears in 1 contract

Samples: Purchase and Contribution Agreement (Bluegreen Corp)

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Employee Benefit Plan Liability. As of the Closing Date and each Funding Transfer Date, as applicable, (i) no "accumulated funding deficiency" (as such term is defined under ERISA and the Code), whether or not waived, exists with respect to any "employee pension benefit plan" (as such term is defined under ERISA) sponsored, maintained or contributed to by the Seller Depositor or any of its Affiliatesaffiliates, and, to the SellerDepositor's Knowledgeknowledge, no event has occurred or circumstance exists that may result in an accumulated funding deficiency as of the last day of the current plan year of any such plan; (ii) the Seller Depositor and each of its Affiliates affiliates has made all contributions required under each multiemployer plan (as such term is defined under ERISA) (a "Multiemployer Plan") to which the Seller Depositor or any of its Affiliates affiliates contributes or in which the Seller Depositor or any of its Affiliates affiliates participates (a "Seller Depositor Multiemployer Plan"); and (iii) neither the Seller Depositor nor any of its Affiliates affiliates has withdrawn from any Multiemployer Plan with respect to which there is any outstanding liability and, to the SellerDepositor's Knowledgeknowledge, no event has occurred or circumstance exists that presents a risk of the occurrence of any withdrawal from, or the partition, termination, reorganization or insolvency of, any Seller Depositor Multiemployer Plan that could result in any liability to the SellerDepositor.

Appears in 1 contract

Samples: Sale Agreement (Bluegreen Corp)

Employee Benefit Plan Liability. As of the Closing Date and each Funding Date, as applicable, (i) no "accumulated funding deficiency" (as such term is defined under ERISA and the Code), whether or not waived, exists with respect to any "employee pension benefit plan" (as such term is defined under ERISA) sponsored, maintained or contributed to by the Seller it or any of its Affiliates, and, to the Seller's its Knowledge, no event has occurred or circumstance exists that may result in an accumulated funding deficiency as of the last day of the current plan year of any such plan; (ii) the Seller it and each of its Affiliates has made all contributions required under each multiemployer plan (as such term is defined under ERISA) (a "Multiemployer Plan") to which the Seller it or any of its Affiliates contributes or in which the Seller it or any of its Affiliates participates (a "Seller Depositor Multiemployer Plan"); and (iii) neither the Seller it nor any of its Affiliates has withdrawn from any Multiemployer Plan with respect to which there is any outstanding liability and, to the Seller's its Knowledge, no event has occurred or circumstance exists that presents a risk of the occurrence of any withdrawal from, or the partition, termination, reorganization or insolvency of, any Seller Depositor Multiemployer Plan that could result in any liability to the Sellerit.

Appears in 1 contract

Samples: Sale Agreement (Bluegreen Corp)

Employee Benefit Plan Liability. As of the Closing Date and each Funding Date, as applicable, (i) no "accumulated funding deficiency" (as such term is defined under ERISA and the Code), whether or not waived, exists with respect to any "employee pension benefit plan" (as such term is defined under ERISA) sponsored, maintained or contributed to by the Seller Depositor or any of its Affiliates, and, to the SellerDepositor's Knowledge, no event has occurred or circumstance exists that may result in an accumulated funding deficiency as of the last day of the current plan year of any such plan; (ii) the Seller Depositor and each of its Affiliates has made all contributions required under each multiemployer plan (as such term is defined under ERISA) (a "Multiemployer Plan") to which the Seller Depositor or any of its Affiliates contributes or in which the Seller Depositor or any of its Affiliates participates (a "Seller Depositor Multiemployer Plan"); and (iii) neither the Seller Depositor nor any of its Affiliates has withdrawn from any Multiemployer Plan with respect to which there is any outstanding liability and, to the SellerDepositor's Knowledge, no event has occurred or circumstance exists that presents a risk of the occurrence of any withdrawal from, or the partition, termination, reorganization or insolvency of, any Seller Depositor Multiemployer Plan that could result in any liability to the SellerDepositor.

Appears in 1 contract

Samples: Sale Agreement (Bluegreen Corp)

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