No Company Plan. (i) provides or provided any benefit guaranteed by the Pension Benefit Guaranty Corporation; (ii) is or was a "multiemployer plan" as defined in Section 4001(a)(3) of ERISA; or (iii) is or was subject to the minimum funding standards of Section 412 of the Code or Section 302 of ERISA. There is no Person that (by reason of common control or otherwise) is or has at any time been treated together with the Company as a single employer within the meaning of Section 414 of the Code.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Javelin Systems Inc), Stock Purchase Agreement (Javelin Systems Inc)
No Company Plan. (i) provides or has provided any benefit guaranteed by the Pension Benefit Guaranty CorporationCorporation (the “PBGC”); (ii) is or was a "multiemployer plan" as defined in Section 4001(a)(3) of ERISA; or (iii) is or was has been subject to the minimum funding standards of Section 412 of the Code or Section 4001(a)(3) and Section 302 of ERISA, or (iii) is or has been a “Multiemployer Plan” as defined in Section 3(37)(A) of ERISA. There is no Person that (by reason of common control or otherwise) is or has at any time been treated together with the Company as a single employer within the meaning of Section 414 of the Code.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Penn Octane Corp), Agreement and Plan of Merger (Rio Vista Energy Partners Lp)
