Fiduciary Duties and Prohibited Transactions. Neither the Company nor any plan fiduciary of any Welfare Plan or Pension Plan has engaged in any transaction in violation of Sections 404 or 406 of ERISA or any "prohibited transaction," as defined in Section 4975(c)(1) of the Code, for which no exemption exists under Section 408 of ERISA or Section 4975(c)(2) or (d) of the Code, or has otherwise violated the provisions of Part 4 of Title I, Subtitle B of ERISA. The Company has not participated in a violation of Part 4 of Title I, Subtitle B of ERISA by any plan fiduciary of any Welfare Plan or Pension Plan. The Company has not been assessed any civil penalty under Section 502(1) of ERISA.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Insight Health Services Corp), Securities Purchase Agreement (Insight Health Services Corp), Securities Purchase Agreement (Tc Group LLC)
Fiduciary Duties and Prohibited Transactions. Neither of the Company nor Acquired Companies has any plan fiduciary of any Welfare Plan or Pension Plan has engaged in liability with respect to any transaction in violation of Sections SECTIONs 404 or 406 of ERISA or any "prohibited transaction," as defined in Section SECTION 4975(c)(1) of the Code, for which no exemption exists under Section SECTION 408 of ERISA or Section SECTION 4975(c)(2) or (d) of the Code, Code with respect to any Welfare Plan or Pension Plan. Neither of the Acquired Companies has otherwise violated the provisions of Part 4 of Title I, Subtitle B of ERISA. The Company has not participated in a violation of Part 4 of Title I, Subtitle B of ERISA by any plan fiduciary of any Welfare Plan or Pension Plan. The Company Plan or has not been assessed any unpaid civil penalty under Section 502(1SECTION 502(l) of ERISA.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Usinternetworking Inc), Stock Purchase Agreement (Usinternetworking Inc)
Fiduciary Duties and Prohibited Transactions. Neither the Company Seller nor any plan fiduciary of any Welfare Plan or Pension Plan has engaged in any transaction in violation of Sections 404 or 406 of ERISA or any "prohibited transaction," as defined in Section 4975(c)(1) of the Code, for which no exemption exists under Section 408 of ERISA or Section 4975(c)(2) or (d) of the Code, or has otherwise materially violated the provisions of Part 4 of Title I, Subtitle B of ERISA. The Company Seller has not knowingly participated in a violation of Part 4 of Title I, Subtitle B of ERISA by any plan fiduciary of any Welfare Plan or Pension Plan. The Company Plan and has not been assessed any civil penalty under Section 502(1) of ERISA.
Appears in 1 contract
Samples: Asset Purchase Agreement (On Point Technology Systems Inc)
Fiduciary Duties and Prohibited Transactions. Neither the Company nor any plan fiduciary of ERISA Affiliate has any liability with respect to any transaction which relates to any Pension Plan or any Welfare Plan or Pension Plan has engaged in any transaction and which is in violation of Sections 404 or 406 of ERISA or any constitutes a "prohibited transaction," as defined in Section 4975(c)(1) of the Code, and for which no exemption exists under Section 408 of ERISA or Section 4975(c)(2) or (d) of the Code. To the Knowledge of the Company, or neither it nor any ERISA Affiliate has otherwise violated the provisions of Part 4 of Title I, Subtitle B of ERISA. The Company has not participated in a violation of Part 4 of Title I, Subtitle B of ERISA by any plan fiduciary of any Welfare Plan or Pension Plan. The Company Plan or has not been assessed any unpaid civil penalty under Section 502(1) of ERISA.
Appears in 1 contract
