No Pension Plan. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 9 contracts
Samples: Merger Agreement (FireEye, Inc.), Agreement and Plan of Reorganization (Zovio Inc), Agreement and Plan of Reorganization (Zovio Inc)
No Pension Plan. Neither None of the Company nor Company, any Subsidiary or any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 6 contracts
Samples: Merger Agreement (Roku, Inc), Merger Agreement (FireEye, Inc.), Merger Agreement (FireEye, Inc.)
No Pension Plan. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan that is subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 6 contracts
Samples: Merger Agreement (Services Acquisition Corp. International), Merger Agreement (Echo Healthcare Acquisition Corp.), Agreement and Plan of Merger (Key Hospitality Acquisition CORP)
No Pension Plan. Neither the Company Company, any of its Subsidiaries nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 5 contracts
Samples: Merger Agreement (Advanced Digital Information Corp), Merger Agreement (On2 Technologies, Inc.), Merger Agreement (Harmonic Inc)
No Pension Plan. Neither the Company Company, any of its Subsidiaries nor any current or former ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 5 contracts
Samples: Merger Agreement (Seebeyond Technology Corp), Merger Agreement (Sun Microsystems, Inc.), Merger Agreement (Sun Microsystems, Inc.)
No Pension Plan. Neither None of the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 4 contracts
Samples: Merger Agreement (Pacific Biosciences of California, Inc.), Agreement and Plan of Reorganization (Elastic N.V.), Merger Agreement (Pluralsight, Inc.)
No Pension Plan. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, or has any liability with respect to any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 3 contracts
Samples: Merger Agreement (EnteroMedics Inc), Merger Agreement (Select Comfort Corp), Merger Agreement (EnteroMedics Inc)
No Pension Plan. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Merger Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Fusion-Io, Inc.), Merger Agreement (Omniture, Inc.), Agreement and Plan of Merger and Reorganization (Supergen Inc)
No Pension Plan. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Company Employee Plan that is an “employee pension benefit plan,” within the meaning of Section 3(2) of ERISA (a “Pension Plan Plan”) subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA ERISA, or Section 412 of the Code.
Appears in 3 contracts
Samples: Membership Interest Purchase Agreement (Assure Holdings Corp.), Membership Interest Purchase Agreement (TRxADE HEALTH, INC), Membership Interest Purchase Agreement (TRxADE HEALTH, INC)
No Pension Plan. Neither the Company Company, nor any of its Subsidiaries nor any current or former ERISA Affiliate has ever maintained, established, sponsored, participated in, in or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 3 contracts
Samples: Merger Agreement (Direct General Corp), Merger Agreement (Lexar Media Inc), Merger Agreement (Micron Technology Inc)
No Pension Plan. Neither the Company Company, any of its Subsidiaries nor any current or former ERISA Affiliate has ever maintained, established, sponsored, participated in, in or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 3 contracts
Samples: Merger Agreement (Broadcom Corp), Merger Agreement (Cybersource Corp), Merger Agreement (Visa Inc.)
No Pension Plan. Neither the Company Company, any of its Subsidiaries nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, in or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 2 contracts
Samples: Merger Agreement (Cap Gemini Sa), Merger Agreement (Kanbay International Inc)
No Pension Plan. Neither In the Company preceding six (6) years, neither the Company, nor any of its Subsidiaries nor any current or former Company ERISA Affiliate has ever maintained, established, sponsored, participated in, in or contributed to, any Company Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 2 contracts
Samples: Merger Agreement (Solectron Corp), Merger Agreement (Flextronics International Ltd.)
No Pension Plan. Neither of the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 2 contracts
Samples: Merger Agreement (Linkedin Corp), Merger Agreement (Linkedin Corp)
No Pension Plan. Neither the Company Company, any of its Subsidiaries nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan that is subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 2 contracts
Samples: Merger Agreement (Mandalay Media, Inc.), Merger Agreement (Nanometrics Inc)
No Pension Plan. Neither the Company Company, nor any of its Subsidiaries nor any current or former ERISA Affiliate has ever maintained, established, sponsored, participated in, in or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.. Table of Contents
Appears in 2 contracts
Samples: Merger Agreement (Excel Technology Inc), Merger Agreement (Gsi Group Inc)
No Pension Plan. Neither None of the Company nor or any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 2 contracts
Samples: Merger Agreement (PagerDuty, Inc.), Merger Agreement (Linkedin Corp)
No Pension Plan. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Internal Revenue Code.
Appears in 2 contracts
Samples: Merger Agreement (Shanda Games LTD), Merger Agreement (Spreadtrum Communications Inc)
No Pension Plan. Neither the Company Seller nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Sigmatel Inc), Sale and Purchase Agreement (Silicon Laboratories Inc)
No Pension Plan. Neither the Company nor any ERISA other Affiliate has --------------- ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan subject to Part 3 of Subtitle B of Title I IV of ERISA, Title IV or (ii) "multiemployer plan" within the meaning of ERISA or Section 412 (3)(37) of the CodeERISA.
Appears in 1 contract
Samples: Recapitalization and Exchange Offer Agreement (Internet Capital Group Inc)
No Pension Plan. Neither None of the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 1 contract
No Pension Plan. Neither of the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 1 contract
No Pension Plan. Neither the Company Company, any of its Subsidiaries nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, ERISA or Title IV of ERISA or Section 412 of the Code.
Appears in 1 contract
No Pension Plan. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Company Employee Plan that is an “employee pension benefit plan,” within the meaning of Section 3(2) of ERISA subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 1 contract
No Pension Plan. Neither None of the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the CodeCode or a Canadian pension plan that contains or has ever contained a “defined benefit provision” as such term is defined in Section 147.1(1) of the Income Tax Act (Canada).
Appears in 1 contract
No Pension Plan. Neither None of the Company nor Company, any Subsidiary or any ERISA Affiliate currently maintains, sponsors, contributes to or has an obligation to contribute to, or has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 1 contract
Samples: Merger Agreement (Medallia, Inc.)
No Pension Plan. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Company Employee Plan or other plan that is an “employee pension benefit plan,” within the meaning of Section 3(2) of ERISA subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the CodeCode or similar provisions of Applicable Law.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Rocket Lab USA, Inc.)
No Pension Plan. Neither None of the Company Company, any Subsidiary nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 1 contract
No Pension Plan. Neither the The Company nor any ERISA Affiliate has ever never maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 1 contract
Samples: Merger Agreement (KnowBe4, Inc.)
No Pension Plan. Neither None of the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code, (ii) Pension Plan which is a “multiemployer plan,” as defined in Section 3(37) of ERISA, (iii) “multiple employer plan” as defined in ERISA or the Code, or (iv) “funded welfare plan” within the meaning of Section 419 of the Code.
Appears in 1 contract
No Pension Plan. Neither None of the Company nor Company, the Company’s Subsidiaries or any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 1 contract
Samples: Merger Agreement (Twilio Inc)
No Pension Plan. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan pension plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code or has incurred or reasonably expects to incur any material Liability pursuant to Title I or Title IV of ERISA (including any Controlled Group Liability) or the penalty, excise Tax or joint and several liability provisions of the Code, whether contingent or otherwise.
Appears in 1 contract
Samples: Merger Agreement (Cafepress Inc.)
No Pension Plan. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I that (i) is a “defined benefits plan” as defined in Section 3(35) of ERISA, or (ii) is subject to Title IV of ERISA or Section 412 of the Code.
Appears in 1 contract
Samples: Merger Agreement (COMMITTED CAPITAL ACQUISITION Corp)
No Pension Plan. Neither the Company Company, any of its Subsidiaries nor any current or former ERISA Affiliate has ever maintained, established, sponsored, participated in, in or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the CodeCode in the past six years.
Appears in 1 contract
Samples: Merger Agreement (Intellisync Corp)
No Pension Plan. Neither the Company Seller nor any of its ERISA Affiliate Affiliates maintains or has any obligation to contribute to, and neither Seller nor any of its ERISA Affiliates, has ever maintained, established, sponsored, participated in, or contributed to, any Pension Employee Plan which is an “employee pension benefit plan,” within the meaning of Section 3(2) of ERISA and which is subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 1 contract
No Pension Plan. Neither the Company nor any current or former ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, to any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 1 contract
Samples: Merger Agreement (Answers CORP)
No Pension Plan. Neither None of the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV or Section 302 of ERISA or Section 412 of the Code, and none of the assets of the Company or any ERISA Affiliate is, or may reasonably be expected to become, the subject of any lien arising under Section 303 of ERISA or Sections 430 or 436 of the Code.
Appears in 1 contract
