No Employee Benefit Plan is funded by, associated with, or related to a "voluntary employee's beneficiary association" within the meaning of Section 501(c)(9) of the Code.
No Employee Benefit Plan is maintained pursuant to a collective bargaining agreement or is or has been subject to the minimum funding requirements of Section 302 of ERISA or Section 412 of the Code.
No Employee Benefit Plan or EPub has any liability to any plan participant, beneficiary or other person by reason of the payment of benefits or the failure to pay benefits with respect to benefits under or in connection with any such Employee Benefit Plan, other than claims in the normal administration of such plans.
No Employee Benefit Plan is maintained outside the jurisdiction of the United States, or covers any employee residing or working outside the United States.
No Employee Benefit Plan is a pension plan subject to Title IV of ERISA, a “multiemployer plan” as defined in Section 3(37) of ERISA, a plan described in Section 413 of the Code, or a plan subject to the minimum funding standards of Section 412 of the Code or Section 302 of ERISA.
No Employee Benefit Plan. The parties specifically intend that this Agreement and the provision of benefits hereunder shall not constitute an “employee benefit plan” subject to any of the provisions of the Employee Retirement Income Security Act of 1974, as amended.
No Employee Benefit Plan is (i) a "multiemployer plan" within the meaning of Section 3(37) or Section 4001(a)(3) of ERISA or Section 414(f) of the Code, (ii) a "multiple employer welfare plan" or a "multiple employer welfare arrangement" within the meaning of Section 514(b)(6) of ERISA, or a "welfare benefit fund" within the meaning of Section 419(e) of the Code. GraphOn has not incurred and does not expect to incur any withdrawal Liability (either as a contributing employer or as part of a controlled group which includes a contributing employer) to any multiemployer plan, in connection with any complete or partial withdrawal from such plan occurring on or before the Closing Date or as a result of the transactions contemplated under this Agreement.
No Employee Benefit Plan is (i) subject to Section 412 of the Code or Section 302 of ERISA or (ii) a "multiemployer plan" as defined in Section 3(37) of ERISA.
No Employee Benefit Plan. (A) promises or provides medical, health, life or other welfare benefits to retirees or former employees of the Company or any ERISA Affiliate, or provides severance benefits to employees, except as otherwise required by section 4980B of the Code (COBRA) or a comparable state statute requiring continuing health care coverage; or
(B) that is intended to be qualified under section 401(a) of the Code has received or committed to receive a transfer of assets or liabilities or spin-off from another plan, except transfers that qualify as eligible rollover distributions within the meaning of section 402(c)(4) of the Code.
No Employee Benefit Plan that is subject to any minimum funding requirement under applicable law has failed to satisfy such requirement.
