Common use of Fiduciary Duties and Prohibited Transactions Clause in Contracts

Fiduciary Duties and Prohibited Transactions. None of the Companies or, to the knowledge of the Companies, any plan fiduciary of any Welfare Plan or Pension Plan which covers or has covered employees or former employees of the Companies or any ERISA Affiliate has engaged in any transaction in violation in any material respect 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.

Fiduciary Duties and Prohibited Transactions. None To the Best Knowledge of the Companies orShareholders, to the knowledge none of the CompaniesCompany, any ERISA Affiliate, nor any plan fiduciary of any Welfare Plan or Pension Plan which covers or has covered employees or former employees of the Companies or any ERISA Affiliate has engaged in or, in connection with the transaction contemplated by this Agreement, will engage in, any transaction in violation in any material respect 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.

Fiduciary Duties and Prohibited Transactions. None of the Companies or, to the knowledge of the Companies, any ERISA Affiliate, nor any plan fiduciary of any Welfare Plan or Pension Plan which covers or has covered employees or former employees of the Companies or any ERISA Affiliate has engaged in or, in connection with the transaction contemplated by this Agreement, to the Best Knowledge of the Shareholder, will engage in, any transaction in violation in any material respect 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.

Fiduciary Duties and Prohibited Transactions. None of Neither the Companies orCompany nor, to the knowledge of the CompaniesCompany, any plan fiduciary or party in interest (as such terms are defined in Section 3(21) and 3(14) of ERISA) of any Welfare Plan or Pension Plan which covers or has covered employees or former employees of the Companies or any ERISA Affiliate has engaged in any transaction in violation in any material respect 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