ERISA Affiliates. Except as set forth on Schedule 2.02(q) (i) No employee benefit plan (as defined in Section 3(3) of ERISA) of an ERISA Affiliate (as hereinafter defined)is covered by Title IV of ERISA, (ii) no prohibited transaction (as defined in Section 406 of ERISA or Section 4975 of the Internal Revenue Code of 1986, as amended (the "Code")) or breach of a fiduciary duty under ERISA has occurred with respect to any plan of an ERISA Affiliate, (iii) no action, suit or proceeding, hearing, or investigation of the assets of any plan of an ERISA Affiliate is pending or threatened, (iv) none of the shareholders, directors or officers of the Company has any knowledge of any basis for any such action, suit, proceeding, hearing or investigation, and (v) there has been no waived or unwaived "accumulated funding deficiency" within the meaning of Section 302(a) (2) of ERISA with respect to any plan of an ERISA Affiliate. "ERISA Affiliate" shall mean an organization (whether or not incorporated) which is under common control, or a member of an affiliated service group, with the Company and, with the Company, is treated as a single employer under Section 414(b), (c), (m) or (0) of the Code.
ERISA Affiliates. No Seller Group Company nor any other entity which, together with any Seller Group Company, would be treated as a single employer under Section 4001 of ERISA or Section 414 of the Code (an “ERISA Affiliate”) contributes to or has in the past seven (7) years sponsored, maintained, contributed to or had any Liability in respect of (i) any defined benefit pension plan (as defined in Section 3(35) of ERISA), (ii) any plan subject to Section 412 of the Code, Section 302 of ERISA or Title IV of ERISA, (iii) a “multiemployer plan,” as defined in Section 3(37) of ERISA, (iv) any “multiple employer welfare arrangement” (within the meaning of Section 3(40) of ERISA) or (v) any “funded welfare plan” within the meaning of Section 419 of the Code. None of the Seller Group Plans provide for, and no Seller Group Company has incurred any current or projected Liability in respect of, post-employment life or health coverage for any current or former employee, consultant, independent contractor or director or any beneficiary thereof, except as may be required under Part 6 of the Subtitle B of Title I of ERISA, or similar state Law.
ERISA Affiliates. Neither the Company nor any trade or business that, together with the Company, would be deemed a single employer within the meaning of Section 4001 of ERISA (an “ERISA Affiliate”) maintains or contributes to, or has in the past six years contributed to, any “multiemployer plan” (within the meaning of Section 3(37) or 4001(a)(3) of ERISA) or any “defined benefit plan” (within the meaning of Section 3(35) of ERISA) subject to Title IV of ERISA.
ERISA Affiliates. The term “ERISA Affiliates” shall have the meaning set forth in Section 3.6(c)(i).
ERISA Affiliates. Solely for the purposes of Sections 4.15 and 4.16, the term “Company” includes any other entity which, together with the Company, would be treated as a single employer under Section 4001 of ERISA or Section 414 of the Code (an “ERISA Affiliate”)
ERISA Affiliates. 8 1.35. Fiduciary............................................................................................ 8 1.36.
ERISA Affiliates. Neither the Company nor any Person that is, or at any relevant time was, considered one employer with the Company under Section 4001 of ERISA or Section 414 of the Code (an “ERISA Affiliate”) has, within the past six years, maintained or contributed to, and the Company does not otherwise have any actual or potential liability with respect to a “defined benefit plan” (as defined in Section 3(35) of ERISA) or any other plan that is or was, at the relevant time, subject to Section 412 of the Code or Title IV of ERISA. No Benefit Plan is a, and at no time during the past six years has the Company or any ERISA Affiliate been obligated to contribute to any, and the Company does not otherwise have any actual or potential liability with respect to any, “multiemployer plan” (as defined in Section 3(37) of ERISA). The Company does not have any current or contingent liability or obligation by reason of at any time being treated as a single employer with any other Person under Section 414 of the Code. No Benefit Plan is (i) a “multiple employer plan” (within the meaning of Section 210 of ERISA or Section 413(c) of the Code), or (ii) a “multiple employer welfare arrangement” (as such term is defined in Section 3(40) of ERISA).
ERISA Affiliates. Except as set forth on Schedule 4.14(i), no Corporation Entity has, or has ever had, any ERISA Affiliates (other than a Corporation Entity).
ERISA Affiliates. No event has occurred and no condition exists that could reasonably be expected to subject any Group Company by reason of its affiliation with or by any trade or business, whether or not incorporated, that together with a Group Company would be deemed a “single employer” within the meaning of Section 414(b), (c), (m) or (o) of the Code (each, an “ERISA Affiliate”) to any liability imposed by ERISA, the Code or other applicable Laws (including liability under Title IV or Section 302 of ERISA or Sections 412 or 430 of the Code).
ERISA Affiliates. The Company has never been a member of a controlled group of entities, as determined under Code Sections 414(b) and (c), where such membership would be material to compliance of any Benefit Plan with the Code or ERISA.
