Common use of Fiduciary Duties and Prohibited Transactions Clause in Contracts

Fiduciary Duties and Prohibited Transactions. Neither RedChip nor any plan fiduciary of any Welfare Plan or Pension Plan which covers or has covered employees or former employees of RedChip or any ERISA affiliate has engaged in, or has any liability in respect of, 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 so as to create any liability of RedChip or any of its Subsidiaries or any Employee Plan. RedChip 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, and RedChip and its Subsidiaries have not been assessed any civil penalty under Section 502(l) of ERISA.

Fiduciary Duties and Prohibited Transactions. Neither RedChip the Company nor any plan fiduciary of any Welfare Plan or Pension Plan which covers or has covered employees or former employees of RedChip the Company or any ERISA affiliate has engaged in, or has any liability in respect of, 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 so as to create any liability of RedChip the Company or any of its Subsidiaries or any Employee Plan. RedChip 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, and RedChip the Company and its Subsidiaries have not been assessed any civil penalty under Section 502(l) of ERISA.

Fiduciary Duties and Prohibited Transactions. Neither RedChip FRT nor any plan fiduciary of any Welfare Plan or Pension Plan which covers or has covered employees or former employees of RedChip FRT or any ERISA affiliate has engaged in, or has any liability in respect of, 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 so as to create any liability of RedChip FRT or any of its Subsidiaries or any Employee Plan. RedChip FRT 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, and RedChip FRT and its Subsidiaries have not been assessed any civil penalty under Section 502(l) of ERISA.

Fiduciary Duties and Prohibited Transactions. Neither RedChip To the knowledge of the Sellers, none of the Target nor any of its Subsidiaries nor any other plan fiduciary of any Welfare Plan or Pension Plan which covers or has covered employees or former employees of RedChip the Target or any of its Subsidiaries or any ERISA affiliate Affiliate, has engaged in, or has any liability in respect of, 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 so as to create any liability of RedChip or ERISA. Neither the Target nor any of its Subsidiaries or any Employee Plan. RedChip 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, Plan and RedChip and its Subsidiaries have has not been assessed any civil penalty under Section 502(l) of ERISA.