Common use of Fiduciary Duties and Prohibited Transactions Clause in Contracts

Fiduciary Duties and Prohibited Transactions. To the Company's knowledge, neither the Company nor any plan fiduciary of any Welfare Plan or Pension Plan which covers or has covered employees or former employees of 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 any administrative class exemption issued thereunder), or has otherwise violated the provisions of Part 4 of Title I, Subtitle B of ERISA so as to create any liability of the Company or any of its Subsidiaries or any Employee Plan. 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 the Company and its Subsidiaries have not been assessed any civil penalty under Section 502(l) of ERISA.

Fiduciary Duties and Prohibited Transactions. To the Company's knowledge, neither the Neither Company nor any plan fiduciary of any Welfare Plan or Pension Plan which covers or or, with respect to any Pension Plan subject to Title IV of ERISA, within the past six years, has covered employees current or former employees employees, directors, officers or consultants of the Company 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 any administrative class exemption issued thereunder)Code, or has otherwise violated the provisions of Part 4 of Title I, Subtitle B of ERISA so as to create any liability of the Company or any of its Subsidiaries or any Employee PlanERISA. The Company 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 (or other employee benefit plan subject to ERISA) and the Company and its Subsidiaries have has not been assessed any civil penalty under Section 502(l) of ERISA.

Fiduciary Duties and Prohibited Transactions. To the Company's knowledgeknowledge of the Sellers, neither none of the Company 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 the Company 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 any administrative class exemption issued thereunder)Code, or has otherwise violated the provisions of Part 4 of Title I, Subtitle B of ERISA so as to create any liability of ERISA. Neither the Company or Target nor any of its Subsidiaries or any Employee Plan. The Company 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 the Company and its Subsidiaries have has not been assessed any civil penalty under Section 502(l) of ERISA.

Fiduciary Duties and Prohibited Transactions. To None of Holding or the Company's knowledge, neither the Company nor AAC Companies or any plan fiduciary of any Welfare Plan or Pension Plan which covers or has covered covered, employees or former employees of Holding or the Company or any ERISA affiliate AAC Companies 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 Internal Revenue Code, for which no exemption exists under Section 408 of ERISA or Section 4975(c)(2) or (d) of the Code (or any administrative class exemption issued thereunder)Internal Revenue Code, or has otherwise violated the provisions of Part 4 of Title I, Subtitle B of ERISA so as to create any liability of Holding or the Company or any of its Subsidiaries AAC Companies or any Employee Plan. The Company None of Holding or the AAC Companies 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 the Company and its Subsidiaries have not none of them has been assessed any civil penalty under Section 502(l) of ERISA.