Common use of No Pension or Welfare Plans Clause in Contracts

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; (ii) Multiemployer Plan; (iii) “multiple employer plan” as defined in ERISA or the Code; or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 5 contracts

Samples: Merger Agreement (Ligand Pharmaceuticals Inc), Merger Agreement (Volcano Corp), Merger Agreement (Volcano Corp)

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No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; , (ii) Multiemployer Plan; , (iii) “multiple iii)"multiple employer plan" as defined in ERISA or the Code; , or (iv) a "funded welfare plan" within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 4 contracts

Samples: Agreement and Plan of Reorganization (Biomira Inc), Agreement and Plan of Reorganization (Oncothyreon Inc.), Agreement and Plan of Reorganization (Biomira CORP)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; (ii) Multiemployer Plan; (iii) “multiple employer plan” as defined in ERISA Code or the Code; or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 4 contracts

Samples: Merger Agreement (Aptalis Holdings Inc.), Merger Agreement (Pegasystems Inc), Merger Agreement (Aptalis Pharma Inc)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; , (ii) Multiemployer Plan; , (iii) “multiple employer plan” as defined in ERISA or the Code; , or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 3 contracts

Samples: Merger Agreement (Solarcity Corp), Merger Agreement (Polycom Inc), Stock Purchase Agreement (SolarWinds, Inc.)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, in or contributed to, to any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; (ii) Multiemployer Plan; (iii) “multiple employer plan” as defined in ERISA or the Code; or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Nabriva Therapeutics PLC), Agreement and Plan of Merger (Aratana Therapeutics, Inc.)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, or could have any obligation to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; , or (ii) Multiemployer Plan; (iii) “multiple employer plan” as defined in ERISA or the Code; or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. Neither the Company nor any Company subsidiary or ERISA Affiliate has incurred or expects to incur any liability under Title IV of ERISA or Section 412 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 2 contracts

Samples: Merger Agreement (3com Corp), Merger Agreement (Tippingpoint Technologies Inc)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, in or contributed to, any : (i) any Pension Plan which that is subject to Title IV of ERISA or Section 412 of the Code; ; (ii) any Multiemployer Plan; ; (iii) any “multiple employer plan” as defined in ERISA or the Code; or or (iv) a any “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 2 contracts

Samples: Merger Agreement (Valueclick Inc/Ca), Merger Agreement (Valueclick Inc/Ca)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, or could have any obligation to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; , or (ii) Multiemployer Plan; (iii) “multiple employer plan” as defined in ERISA or the Code; or (iv) a “"funded welfare plan" within the meaning of Section 419 of the Code. No Neither the Company nor any Company subsidiary or ERISA Affiliate has incurred or expects to incur any liability under Title IV of ERISA or Section 412 of the Code. Except as set forth on Schedule 2.11 (e), no Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Merger Agreement (Kimball International Inc)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any : (i) Any Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; ; (ii) Any Multiemployer Plan; ; (iii) Any “multiple employer plan” as defined in ERISA or the Code; or or (iv) a Any “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Merger Agreement (Valueclick Inc/Ca)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, or could have any obligation to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; , or (ii) Multiemployer Plan; (iii) “multiple employer plan” as defined in ERISA or the Code; or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Neither the Company nor any Company subsidiary or ERISA Affiliate has incurred or expects to incur any liability under Title IV of ERISA or Section 412 of the Code. Except as set forth on Schedule 2.11 (e), no Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Merger Agreement (Reptron Electronics Inc)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; , (ii) Multiemployer Plan; , (iii) multiple employer plan” as defined in ERISA or the Code; , or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Merger Agreement (Sirenza Microdevices Inc)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, in or contributed to, any : (i) any Pension Plan which that is subject to Title IV of ERISA or Section 412 of the Code; ; (ii) any Multiemployer Plan; ; (iii) any “multiple employer plan” as defined in ERISA or the Code; or or (iv) a any “funded welfare plan” within the meaning of Section 419 of the Code. . (v) No Company Employee Plan provides health group medical or dental benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Merger Agreement (Valueclick Inc/Ca)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any : (i) Any Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; ; (ii) Any Multiemployer Plan; ; (iii) Any “multiple employer plan” as defined in ERISA or the Code; or or (iv) a Any “funded welfare plan” within the meaning of Section 419 of the Code. No Except as set forth in Section 2.20(e) of the Disclosure Letter, no Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Merger Agreement (K2 Inc)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which that is subject to Title IV of ERISA or Section 412 of the Code; (ii) Multiemployer Plan; (iii) “multiple employer plan” as defined in ERISA or the Code; or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in or contributed to any self-insurance plan.

Appears in 1 contract

Samples: Merger Agreement (Solarcity Corp)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; ; (ii) Multiemployer Plan; (iii) “multiple employer plan” as defined in ERISA or the Code; or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract. The Company has no ERISA Affiliate other than the Subsidiaries.

Appears in 1 contract

Samples: Merger Agreement (IHS Inc.)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any -45- (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; (ii) Multiemployer Plan; (iii) “multiple employer plan” as defined in ERISA or the Code; or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Merger Agreement (Ligand Pharmaceuticals Inc)

No Pension or Welfare Plans. Neither the Company Fiberxon nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; , (ii) Multiemployer Plan; , (iii) multiple employer plan” as defined in ERISA or the Code; , or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Fiberxon Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Merger Agreement (MRV Communications Inc)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; (ii) Multiemployer Plan; (iii) “multiple employer plan” as defined in ERISA or the Code; or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.or

Appears in 1 contract

Samples: Merger Agreement (Volcano Corp)

No Pension or Welfare Plans. Neither the Company nor any Company ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; , (ii) Multiemployer Plan; , (iii) “multiple employer plan” as defined in ERISA or the Code; , or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Omeros Corp)

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No Pension or Welfare Plans. Neither the Company Asiya nor any of its ERISA Affiliate Affiliates has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; (ii) Multiemployer Plan; (iii) “multiple employer plan” as defined in ERISA or the Code; or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Asiya Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Merger Agreement (Asiya Pearls, Inc.)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; (ii) Multiemployer Plan; (iii) “multiple employer plan” as defined in ERISA or the Code; or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract, and each such insured plan is grandfathered under the Patient Protection and Affordable Care Act.

Appears in 1 contract

Samples: Agreement and Plan of Merger (HMS Holdings Corp)

No Pension or Welfare Plans. Neither the Company Brista nor any of its ERISA Affiliate Affiliates has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; (ii) Multiemployer Plan; (iii) “multiple employer plan” as defined in ERISA or the Code; or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Brista Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Merger Agreement (Brista Corp.)

No Pension or Welfare Plans. Neither The Company, the Company nor Subsidiary, and any ERISA Affiliate has ever have never maintained, established, sponsored, participated in, or contributed to, any any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; , (ii) Multiemployer Plan; , (iii) "multiple employer plan" as defined in ERISA or the Code; , or (iv) a "funded welfare plan" within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Securities Purchase Agreement (Pc Tel Inc)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, in or contributed to, any (i) Pension Plan which is Plans subject to Title IV of ERISA or Section 412 of the Code; , (ii) Multiemployer Plan; “multiemployer plan” within the meaning of Section (3)(37) of ERISA, (iii) a “multiple employer plan” as defined in ERISA or the Code; , or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Netscreen Technologies Inc)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, contributed to or contributed incurred any liability with respect to, any any: (i) employee pension benefit plan within the meaning of Section 3(2) of ERISA (each, a “Pension Plan which Plan”) that is subject to Title IV of ERISA or Section 412 of the Code; (ii) Multiemployer Plan; (iii) “multiple employer plan” as defined in ERISA or the Code; or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Merger Agreement (Merit Medical Systems Inc)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any : (i) Any Pension Plan which that is subject to Title IV of ERISA or Section 412 of the Code; ; (ii) Any Multiemployer Plan; ; (iii) Any “multiple employer plan” as defined in ERISA or the Code; or or (iv) a Any “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Merger Agreement (Valueclick Inc/Ca)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, contributed to or contributed been required to contribute to, any (i) Pension Plan which is subject to Title IV of ERISA or the minimum funding standards of Section 412 of the Code; IRC, (ii) Multiemployer Plan; , (iii) multiple employer plan” as defined in ERISA or the Code; IRC, or (iv) a “funded welfare plan” within the meaning of Section 419 of the CodeIRC. No Company Employee Plan provides health benefits that are not fully insured through an insurance contractContract.

Appears in 1 contract

Samples: Merger Agreement (Sybase Inc)

No Pension or Welfare Plans. Neither None of the Company nor or any of its ERISA Affiliate Affiliates has ever maintained, established, sponsored, participated in, or contributed to, or in the past has been required to contribute to, any (i) Company Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; , (ii) Multiemployer Plan; , (iii) "multiple employer plan" as defined in ERISA or the Code; , or (iv) a "funded welfare plan" within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Merger Agreement (CarePayment Technologies, Inc.)

No Pension or Welfare Plans. Neither the The Company nor any ERISA Affiliate has not ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; , (ii) Multiemployer Plan; , (iii) “multiple employer plan” as defined in ERISA or the Code; , or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Sonic Innovations Inc)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; , (ii) Multiemployer Plan; , (iii) “multiple employer plan” as defined in ERISA or the Code; , or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Merger Agreement (Insightful Corp)

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