Common use of Miscellaneous Benefit Plan Matters Clause in Contracts

Miscellaneous Benefit Plan Matters. Neither the Company nor any other entity, whether or not incorporated, which is deemed to be under “common control” (as defined in Section 414 of the Code, or 4001(b) of ERISA) with the Company (“Commonly Controlled Entity”) maintains or contributes to any “employee pension benefit plan” (within the meaning of Section 3(2)(A) of ERISA) ) that (a) is a “defined contribution plan” described in Section 3(34) of ERISA or Section 414(i) of the Code, or a “defined benefit plan” described in Section 3(35) of ERISA or Section 414(j) of the Code, and (b) gives rise, or will give rise, to any liability of the Company for (i) any delinquent premium payments due under Section 4007 or ERISA with respect to any such defined benefit plan, or (ii) any unpaid minimum funding contributions that would result in the imposition of a lien on any assets of the Company pursuant to Section 412(c)(11) of the Code or Section 302(c)(11) of ERISA. Neither the Company nor any Commonly Controlled Entity sponsors or sponsored, or maintains or maintained, any defined benefit plan that has been, or will be, terminated in a manner that would result in any liability of the Company to the Pension Benefit Guaranty Corporation or that would result in the imposition of a lien on any assets of the Company pursuant to Section 4068 of ERISA. At no time during the five-year period immediately preceding the first day of the year in which the Closing Date occurs has the Company or any Commonly Controlled Entity participated in or contributed to any “multi-employer plan” (within the meaning of Section 4001(a)(3) of ERISA or Section 414(f) of the Code), or had an obligation to participate in or contribute to any such multi-employer plan. No agreement subject to Section 4204 of ERISA has been entered into in connection with the transaction contemplated in the Agreement. None of the Welfare Plans provides for or promises retiree medical, disability or life insurance benefits to any current or former employee, officer, or director of the Company.

Miscellaneous Benefit Plan Matters. Neither the Company Seller nor any other entity, whether or not incorporated, which is deemed to be under “common control” "COMMON CONTROL" (as defined in Section 414 of the Code, or 4001(b) of ERISA) with the Company Seller (“Commonly Controlled Entity”"COMMONLY CONTROLLED ENTITY") maintains or contributes to any “employee pension benefit plan” "EMPLOYEE PENSION BENEFIT PLAN" (within the meaning of Section 3(2)(A) of ERISA) ) that (a) is a “defined contribution plan” "DEFINED CONTRIBUTION PLAN" described in Section 3(34) of ERISA or Section 414(i) of the Code, or a “defined benefit plan” "DEFINED BENEFIT PLAN" described in Section 3(35) of ERISA or Section 414(j) of the Code, and (b) gives rise, or will give rise, to any liability of the Company Seller for (i) any delinquent premium payments due under Section 4007 or ERISA with respect to any such defined benefit plan, or (ii) any unpaid minimum funding contributions that would result in the imposition of a lien on any assets of the Company Seller pursuant to Section 412(c)(11) of the Code or Section 302(c)(11) of ERISA. Neither the Company Seller nor any Commonly Controlled Entity "COMMONLY CONTROLLED ENTITY" (as defined in ERISA) sponsors or sponsored, or maintains or maintained, any defined benefit plan that has been, or will be, terminated in a manner that would result in any liability of the Company Seller to the Pension Benefit Guaranty Corporation or that would result in the imposition of a lien on any assets of the Company Seller pursuant to Section 4068 of ERISA. At no time during the five-year period immediately preceding the first day of the year in which the Closing Date occurs has the Company Seller or any Commonly Controlled Entity participated in or contributed to any “multi"MULTI-employer plan” EMPLOYER PLAN" (within the meaning of Section 4001(a)(3) of ERISA or Section 414(f) of the Code), or had an obligation to participate in or contribute to any such multi-employer plan. No agreement subject to Section 4204 of ERISA has been entered into in connection with the transaction contemplated in the Agreement. None of the Welfare Plans provides for or promises retiree medical, disability or life insurance benefits to any current or former employee, officer, or director of the Company.Assex

Miscellaneous Benefit Plan Matters. Neither the Company Seller nor any other entity, whether or not incorporated, which is deemed to be under “common control” "COMMON CONTROL" (as defined in Section 414 of the Code, or 4001(b) of ERISA) with the Company Seller (“Commonly Controlled Entity”"COMMONLY CONTROLLED ENTITY") maintains or contributes to any “employee pension benefit plan” "EMPLOYEE PENSION BENEFIT PLAN" (within the meaning of Section 3(2)(A) of ERISA) ) that (a) is a “defined contribution plan” "DEFINED CONTRIBUTION PLAN" described in Section 3(34) of ERISA or Section 414(i) of the Code, or a “defined benefit plan” "DEFINED BENEFIT PLAN" described in Section 3(35) of ERISA or Section 414(j) of the Code, and (b) gives rise, or will give rise, to any liability of the Company Seller for (i) any delinquent premium payments due under Section 4007 or ERISA with respect to any such defined benefit plan, or (ii) any unpaid minimum funding contributions that would result in the imposition of a lien on any assets of the Company Seller pursuant to Section 412(c)(11) of the Code or Section 302(c)(11) of ERISA. Neither the Company Seller nor any Commonly Controlled Entity "COMMONLY CONTROLLED ENTITY" (as defined in ERISA) sponsors or sponsored, or maintains or maintained, any defined benefit plan that has been, or will be, terminated in a manner that would result in any liability of the Company Seller to the Pension Benefit Guaranty Corporation or that would result in the imposition of a lien on any assets of the Company Seller pursuant to Section 4068 of ERISA. At no time during the five-year period immediately preceding the first day of the year in which the Closing Date occurs has the Company Seller or any Commonly Controlled Entity participated in or contributed to any “multi"MULTI-employer plan” EMPLOYER PLAN" (within the meaning of Section 4001(a)(3) of ERISA or Section 414(f) of the Code), or had an obligation to participate in or contribute to any such multi-employer plan. No agreement subject to Section 4204 of ERISA has been entered into in connection with the transaction contemplated in the Agreement. None of the Welfare Plans provides for or promises retiree medical, disability or life insurance benefits to any current or former employee, officer, or director of the Company.Assex

Miscellaneous Benefit Plan Matters. Neither the Company Seller nor any other entity, whether or not incorporated, which is deemed to be under “common control” (as defined in Section 414 of the Code, or 4001(b) of ERISA) with the Company Seller (“Commonly Controlled Entity”) maintains or contributes to any “employee pension benefit plan” (within the meaning of Section 3(2)(A) of ERISA) ) that (a) is a “defined contribution plan” described in Section 3(34) of ERISA or Section 414(i) of the Code, or a “defined benefit plan” described in Section 3(35) of ERISA or Section 414(j) of the Code, and (b) gives rise, or will give rise, to any liability of the Company Seller for (i) any delinquent premium payments due under Section 4007 or ERISA with respect to any such defined benefit plan, or (ii) any unpaid minimum funding contributions that would result in the imposition of a lien on any assets of the Company Seller pursuant to Section 412(c)(11) of the Code or Section 302(c)(11) of ERISA. Neither the Company Seller nor any “Commonly Controlled Entity Entity” (as defined in ERISA) sponsors or sponsored, or maintains or maintained, any defined benefit plan that has been, or will be, terminated in a manner that would result in any liability of the Company Seller to the Pension Benefit Guaranty Corporation or that would result in the imposition of a lien on any assets of the Company Seller pursuant to Section 4068 of ERISA. ERISA .. At no time during the five-year period immediately preceding the first day of the year in which the Closing Date occurs has the Company Seller or any Commonly Controlled Entity participated in or contributed to any “multi-employer plan” (within the meaning of Section 4001(a)(3) of ERISA or Section 414(f) of the Code), or had an obligation to participate in or contribute to any such multi-employer plan. No agreement subject to Section 4204 of ERISA has been entered into in connection with the transaction contemplated in the AgreementAsset Purchase. None of the Welfare Plans provides for or promises retiree medical, disability or life insurance benefits to any current or former employee, officer, or director of the CompanySeller.