Common use of Multiemployer Plan Clause in Contracts

Multiemployer Plan. “Multiemployer Plan” shall mean any “multiemployer plan,” as defined in Section 3(37) or 4001(a)(3) of ERISA, which any Seller or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or maintained, administered, contributed to or was required to contribute to, or under which any Seller or any ERISA Affiliate has or may have any Liability.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Sigmatel Inc), Sale and Purchase Agreement (Silicon Laboratories Inc)

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Multiemployer Plan. “Multiemployer Plan” shall mean any “multiemployer plan,” as defined in Section 3(37) or 4001(a)(3) of ERISA, (A) to which any Seller Holdings or any ERISA Affiliate of its Subsidiaries maintains, administers, contributes to or is required to contribute toand (B) which covers any current or former employees, consultants, or maintained, administered, contributed to or was required to contribute to, or under which any Seller directors of Holdings or any ERISA Affiliate has of its Subsidiaries or may have any Liabilitytheir beneficiaries or dependents (with respect to their relationship with such entities).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Horizon Lines, Inc.)

Multiemployer Plan. “Multiemployer Plan” MULTIEMPLOYER PLAN" shall mean any “multiemployer "Multiemployer plan," as defined in Section 3(37) or 4001(a)(3) of ERISA, (A) which any Seller the Partnership or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or or, after September 25, 1980, maintained, administered, contributed to or was required to contribute to, or under which any Seller the Partnership or any ERISA Affiliate has may incur any Liability and (B) which covers any employee or may have former employee of the Partnership or any LiabilityERISA Affiliate (with respect to their relationship with the Partnership).

Appears in 1 contract

Samples: Partnership Interest Purchase Agreement (Integrated Health Services Inc)

Multiemployer Plan. Multiemployer Plan" shall mean any "multiemployer plan," as defined in Section 3(37) or 4001(a)(3) of ERISA, (1) which any Seller AEL or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, to and (2) which covers any employee or maintained, administered, contributed to or was required to contribute to, or under which any Seller former employee of AEL or any ERISA Affiliate has or may have any Liability(with respect to their relationship with such entities).

Appears in 1 contract

Samples: Merger Agreement (Ael Industries Inc)

Multiemployer Plan. “Multiemployer Plan” shall mean any “multiemployer plan,” as defined in Section 3(37) or 4001(a)(3) of ERISA, which any Seller or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or has maintained, administered, contributed to or was required to contribute to, or under which any Seller or any ERISA Affiliate has or may have incur any Liabilityliability or obligation.

Appears in 1 contract

Samples: Asset Purchase Agreement (Nextera Enterprises Inc)

Multiemployer Plan. Multiemployer Plan" shall mean any ------------------ "multiemployer plan," as defined in Section 3(37) or 4001(a)(3) of ERISA, (A) which any Seller the Company or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or or, after September 25, 1980, maintained, administered, contributed to or was required to contribute to, or under which any Seller the Company or any ERISA Affiliate has may incur any liability and (B) which covers any employee or may have former employee of the Company or any LiabilityERISA Affiliate (with respect to their relationship with such entities).

Appears in 1 contract

Samples: Stock Purchase Agreement (Mercury General Corp)

Multiemployer Plan. Multiemployer Plan" shall mean any "multiemployer plan," as defined in Section 3(37) or 4001(a)(3) of ERISA, which any Seller Seller, Partnership or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or or, after September 25, 1980, maintained, administered, contributed to or was required to contribute to, or under which any Seller Seller, Partnership or any ERISA Affiliate has may incur any liability and which covers any employee or may have former employee of Seller, Partnership or any LiabilityERISA Affiliate.

Appears in 1 contract

Samples: Asset Purchase Agreement (Chancellor Media Mw Sign Corp)

Multiemployer Plan. “Multiemployer Plan” shall mean any “multiemployer plan,” as defined in Section 3(37) or 4001(a)(3) of ERISA, which any Seller or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or has maintained, administered, contributed to or was required to contribute to, or under which any Seller or any ERISA Affiliate has or may have any Liability.

Appears in 1 contract

Samples: Asset Purchase Agreement (Enzo Biochem Inc)

Multiemployer Plan. Multiemployer Plan" shall mean any "multiemployer plan," as defined in Section 3(37) or 4001(a)(34001 (a)(3) of ERISA, (A) which any Seller the Company, its Subsidiary or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or or, within the five years prior to the Closing Date, maintained, administered, contributed to or was required to contribute to, or under which any Seller the Company, its Subsidiary or any ERISA Affiliate has or may have incur any Liabilityliability.

Appears in 1 contract

Samples: Stock Purchase Agreement (Lois/Usa Inc)

Multiemployer Plan. Multiemployer Plan" shall mean any "multiemployer plan," as defined in Section 3(37) or 4001(a)(3) of ERISA, (A) which any Seller Entity or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or or, after September 25, 1980, maintained, administered, contributed to or was required to contribute to, or under which any Seller Entity or any ERISA Affiliate has may incur any Liability and (B) which covers any employee or may have former employee of any LiabilityEntity or any ERISA Affiliate (with respect to their relationship with such Entities).

Appears in 1 contract

Samples: Purchase Agreement (Coram Healthcare Corp)

Multiemployer Plan. “Multiemployer Plan” shall mean any “multiemployer plan,” as defined in Section 3(37) or 4001(a)(3) of ERISA, which any Seller the Company or any ERISA Affiliate maintainsof its Subsidiaries contributes to, administers, contributes to or is required has in the last six years had an obligation to contribute to, which covers any current or maintained, administered, contributed to or was required to contribute to, or under which any Seller former employee of the Company or any ERISA Affiliate has or may have any Liabilityof its Subsidiaries.

Appears in 1 contract

Samples: Merger Agreement (Rexnord Corp)

Multiemployer Plan. Multiemployer Plan" shall mean any "multiemployer plan," as defined in Section 3(37) or 4001(a)(3) of ERISA, (A) which the Company, any Seller Subsidiary of the Company, or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or or, prior to the Closing Date, maintained, administered, contributed to or was required to contribute to, or (B) under which the Company, any Seller Subsidiary of the Company, or any ERISA Affiliate has incurred or may have incur any Liabilityliability.

Appears in 1 contract

Samples: Merger Agreement (Galvestons Steakhouse Corp)

Multiemployer Plan. “Multiemployer Plan” shall mean any “means a multiemployer plan,” as defined in plan within the meaning of Section 3(37) or 4001(a)(3) of ERISA, ERISA with respect to which any Seller or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or maintained, administered, contributed to or was required to contribute to, or under which any Seller MMG or any ERISA Affiliate has an obligation to contribute or may has or could have any Liabilitywithdrawal liability under Section 4201 of ERISA.

Appears in 1 contract

Samples: Purchase Agreement (Manitowoc Co Inc)

Multiemployer Plan. Multiemployer Plan" shall mean any ------------------ "multiemployer plan," as defined in Section 3(37) or 4001(a)(3) of ERISA, (A) which any Seller or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or or, after September 25, 1980, maintained, administered, contributed to or was required to contribute to, or under which any Seller or any ERISA Affiliate has may incur any Liability and (B) which covers any employee or may have former employee of Seller or any LiabilityERISA Affiliate (with respect to their relationship with such entities).

Appears in 1 contract

Samples: Asset Purchase Agreement (Fays Inc)

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Multiemployer Plan. Multiemployer Plan" shall mean any “multiemployer plan"Multiemployer Plan," as defined in Section 3(37) or 4001(a)(3) of ERISA, (A) which any Seller the Company or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or or, after September 25, 1980, maintained, administered, contributed to or was required to contribute to, or under which any Seller the Company or any ERISA Affiliate has may incur any liability and (B) which covers any employee or may have former employee of the Company or any LiabilityERISA Affiliate (with respect to their relationship with such entities).

Appears in 1 contract

Samples: Securities Purchase and Sale Agreement (Jones Apparel Group Inc)

Multiemployer Plan. Multiemployer Plan" shall mean any "multiemployer plan," as defined in Section 3(37) or 4001(a)(3) of ERISA, (A) to which any Seller SPD or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or maintained, administered, contributed has any liability with respect to and (B) which covers any employee or was required to contribute to, or under which any Seller former employee of SPD or any ERISA Affiliate has or may have any Liability(with respect to their relationship with such entities).

Appears in 1 contract

Samples: Agreement and Plan of Merger (L 3 Communications Corp)

Multiemployer Plan. Xxxxxx Multiemployer Plan” shall mean means any “multiemployer plan,” as defined in Section 3(37) or 4001(a)(3) of ERISA, which any Seller is now or any ERISA Affiliate maintainswas within the past six years, administers, contributes to or is required to contribute to, or maintained, administered, contributed to or was required to contribute tobe contributed to by Xxxxxx or any of its Subsidiaries, or under which any Seller or such entity may incur any ERISA Affiliate has or may have any Liabilityliability.

Appears in 1 contract

Samples: Merger Agreement (Vought Aircraft Industries Inc)

Multiemployer Plan. Multiemployer Plan" shall mean any "multiemployer plan," as defined in Section 3(37) or 4001(a)(3) of ERISAERISA (A) which the Company, which any Seller or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or or, after September 25, 1980, maintained, administered, contributed to or was required to contribute to, or under which any Seller the Company, or any ERISA Affiliate has may incur any liability and (B) which covers any employee or may have former employee, officer, director or agent of the Company, or any LiabilityERISA Affiliate.

Appears in 1 contract

Samples: Asset Purchase Agreement (Lillian Vernon Corp)

Multiemployer Plan. “Multiemployer Plan” shall mean any “multiemployer plan,” as defined in Section 3(37) or 4001(a)(3) of ERISA, which any Seller or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or has maintained, administered, contributed to or was required to contribute to, or under which any Seller or any ERISA Affiliate or either of the Affiniti Companies has or may have incur any Liability.

Appears in 1 contract

Samples: Stock and Asset Purchase Agreement (Enzo Biochem Inc)

Multiemployer Plan. Multiemployer Plan" shall mean any "multiemployer plan," as defined in Section 3(37) or SECTION 4001(a)(3) of ERISA, which any Seller the Company or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or maintained, administered, contributed to or was required to contribute to, or under which any Seller or any ERISA Affiliate has or may have any Liability.

Appears in 1 contract

Samples: Stock Purchase Agreement (Primark Corp)

Multiemployer Plan. Multiemployer Plan" shall mean any "multiemployer plan," as defined in Section 3(37) or 4001(a)(3) of ERISA, ERISA (A) which any Seller of the Companies or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or or, after September 25, 1980, maintained, administered, contributed to or was required to contribute to, or under which any Seller of the Companies, or any ERISA Affiliate has Affiliate, may incur any liability and (B) which covers any employee or may have former employee, officer, director or agent of the Company or any LiabilityERISA Affiliate.

Appears in 1 contract

Samples: Asset Purchase Agreement (Semx Corp)

Multiemployer Plan. Multiemployer Plan" shall mean any "multiemployer plan," as defined in Section 3(37) or 4001(a)(3) of ERISA, (A) which any Seller or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, to (B) which covers any employee or maintained, administered, contributed former employee of Seller (with respect to or was required to contribute to, or under which any Seller or any ERISA Affiliate has or may have any Liabilitytheir relationship with Seller).

Appears in 1 contract

Samples: Asset Purchase Agreement (Del Monte Foods Co)

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