Multi-Employer Plan. All Multi-employer Plans to which any Covered Person contributes or is obligated to contribute are listed in Disclosure Schedule Section 12.26.5. No Covered Person or ERISA Affiliate of such Covered Person has received notice that any such Multi-employer Plan is in reorganization or has been terminated within the meaning of Title IV of ERISA, and no such Multi-employer Plan is reasonably expected to be in reorganization or to be terminated within the meaning of Title IV of ERISA.
Multi-Employer Plan. No Covered Person or ERISA Affiliate of such Covered Person has received notice that any such Multi-employer Plan is in reorganization or has been terminated within the meaning of Title IV of ERISA, and no such Multi-employer Plan is reasonably expected to be in reorganization or to be terminated within the meaning of Title IV of ERISA.
Multi-Employer Plan. 13 Nasdaq.......................................................................................................6
Multi-Employer Plan. 2.12(c) Non-Voting Common Stock................................................
Multi-Employer Plan. 2.12(c) NASDAQ............................................................ 8.1
Multi-Employer Plan a Pension Benefit Plan which is a multi-employer plan as defined in ERISA Section 4001(a)(3). Note — any Revolving Note or the Swingline Note.
Multi-Employer Plan. If, solely as a result of any transfer of the Purchased Assets from the Sellers to the Purchaser (or its assignees) pursuant to the terms and conditions of this Agreement, (i) Cal-Doran ceases (A) operations covered under any "multiemployer plan" (as defined in Section 4001(a)(3) of ERISA) to which Cal-Doran contributes, is required to contribute or has ever been required to and which covers current Business Employers (a "Multiemployer Plan"), or (B) to have an obligation to contribute to a Multiemployer Plan under circumstances that would cause the occurrence of a complete or partial withdrawal by Cal-Doran from such Multiemployer Plan, and (ii) such complete or partial withdrawal would result in a withdrawal liability for the Sellers in excess of $10,000, then the following provisions shall apply with respect to such Multiemployer Plan:
9.6.1 From and immediately after the Closing, the Purchaser shall be obligated to contribute to the Multiemployer Plan with respect to the operations for substantially the same number of contribution base units for which Cal-Doran was obligated to contribute to the Multiemployer Plan with respect to the operations immediately prior to the Closing;
9.6.2 The Purchaser shall provide to the Multiemployer Plan for a period of five plan years of the Multiemployer Plan (individually, a "Plan Year" and collectively, "Plan Years") commencing with the first Plan Year beginning after the Closing, a bond issued by a corporate surety company that is an acceptable surety for purposes of Section 412 of ERISA, an amount held in escrow by a bank or similar financial institution satisfactory to the Multiemployer Plan or (if permitted by the Multiemployer Plan) a letter of credit issued by such a bank or institution, in an amount equal to the greater of (A) the average annual contribution required to have been made by the Seller with respect to the operations under the Multiemployer Plan for the three Plan Years preceding the Plan Year in which the Closing occurs, or (B) the annual contribution that the Seller was required to have made with respect to the operations under the Multiemployer Plan for the last Plan Year before the Plan Year in which the Closing occurs, which bond or escrow shall be paid to the Multiemployer Plan if the Purchaser withdraws from the Multiemployer Plan or fails to make a contribution to the Multiemployer Plan when due, at any time during the first five Plan Years beginning after the Closing; and
9.6.3 If the Pur...
Multi-Employer Plan. “Multi-Employer Plan” means a “multiemployer plan” (as defined in ERISA) to which any of Seller, Hotel Manager or an Affiliate of Seller or Hotel Manager currently makes contributions on account of any Hotel Employee, if any, as identified in the Schedule of Multi-Employer Plans attached hereto as Exhibit L.
Multi-Employer Plan. At Closing and after Closing, Purchaser shall, and Purchaser shall cause the Companies to, execute and deliver such agreement or agreements consistent with ERISA ss.4204 and take all actions as may be required by such agreements and by ERISA ss.4204 to the extent that executing such agreements and taking such reasonable actions would prevent the Seller (or any Affiliate of the Seller) from incurring any partial or complete withdrawal liability to any Multiemployer Plan as a result of the transactions contemplated by this Agreement if such transactions were to be deemed to constitute an asset sale rather than a stock purchase. Purchaser and Companies shall indemnify Seller (and Affiliates of the Seller) from any withdrawal liability that may arise to the extent that such withdrawal liability is the result of Purchaser's and/or Companies' failure to execute and deliver such agreement or agreements consistent with ERISA ss.4204 and take such reasonable actions as may be required by such agreements and by ERISA ss.4204.
Multi-Employer Plan. At the Effective Date, the Company is legally obligated to make contributions to several defined benefit pension plans that are multiemployer plans within the meaning of Section 3(37) of ERISA ("Multiemployer Plans"). It is the intent of the parties that the Company's obligation to make contributions (including employer withdrawal liability contributions) shall not be affected by this Agreement.
