NO PROHIBITED TRANSACTIONS, ETC. None of the Stockholders, any Plan or the Company or any Company Subsidiary has engaged in any Prohibited Transaction. No Plan has incurred an accumulated funding deficiency, as defined in Section 412(a) of the Code and Section 302(a) of ERISA, and no circumstances exist under which the Company or any Company Subsidiary could have any direct or indirect liability whatsoever (including being subject to any statutory Lien to secure payment of any such liability), to the PBGC under Title IV of ERISA or to the IRS for any excise tax or penalty with respect to any Plan maintained or contributed to by the Company or any of its ERISA Affiliates. Further:
NO PROHIBITED TRANSACTIONS, ETC. None of RCC, any Plan or the Company has engaged in any Prohibited Transaction. No Plan or ERISA Affiliate Pension Plan has incurred an accumulated funding deficiency, as defined in Section 412(a) of the Code and Section 302(a) of ERISA and, to the knowledge of RCC, no circumstances exist as a result of which the Acquired Business or the Company could have any direct or indirect liability whatsoever (including being subject to any statutory Lien to secure payment of any such liability), to the PBGC under Title IV of ERISA or to the IRS for any excise tax or penalty with respect to any Plan or ERISA Affiliate Pension Plan maintained or contributed to by the Company or any of its ERISA Affiliates. Further:
NO PROHIBITED TRANSACTIONS, ETC. None of the Shareholders, ERISA Employee Benefit Plans of the Sellers or the Sellers has engaged in any Prohibited Transaction.
NO PROHIBITED TRANSACTIONS, ETC. Neither the Owner nor any Plan has engaged in any Prohibited Transaction. No Plan has incurred an accumulated funding deficiency, as defined in Section 412(a) of the Code and Section 302(a) of ERISA, and no circumstances exist pursuant to which the Owner could have any direct or indirect liability whatsoever (including being subject to any statutory Lien to secure payment of any such liability), to the PBGC under Title IV of ERISA or to the IRS for any excise tax or penalty with respect to any Plan now or hereafter maintained or contributed to by the Owner or any of his ERISA Affiliates. Further:
NO PROHIBITED TRANSACTIONS, ETC. None of the Shareholder, any Plan or the Company has engaged in any Prohibited Transaction. No Plan has incurred an accumulated funding deficiency, as defined in Section 412(a) of the Code and Section 302(a) of ERISA, and no circumstances exist as a result of which the Company could have any direct or indirect liability whatsoever (including being subject to any statutory Lien to secure payment of any such liability), to the PBGC under Title IV of ERISA or to the IRS for any excise tax or penalty with respect to any Plan now or hereafter maintained or contributed to by the Company or any of its ERISA Affiliates. Full payment has been timely made of all amounts which the Company is required under applicable Governmental Requirements or under any Plan or related agreement to have paid as of the last day of the most recent fiscal year of each Plan ended prior to the date hereof in accordance with any such Governmental Requirement, Plan or agreement. Further:
NO PROHIBITED TRANSACTIONS, ETC. With respect to each ERISA Benefit Plan, neither such plan, nor any trustee, administrator, fiduciary, agent or employee thereof, and none of the Shareholders nor the Company has engaged in any Prohibited Transaction with respect to such ERISA Benefit Plan. With respect to each ERISA Pension Benefit Plan (i) all minimum funding standards required by law with respect to funding of benefits payable or to be payable under such plan have been met; (ii) there is no accumulated funding deficiency, as defined in Section 412(a) of the Code and Section 302(a) of ERISA; and (iii) there have been no terminations, partial terminations, or discontinuances of contributions without a determination by the IRS that such action does not adversely affect the tax-qualified status of that plan.
NO PROHIBITED TRANSACTIONS, ETC. None of the TARGET, its Subsidiaries or any Plan has engaged in any Prohibited Transaction. Further: with respect to Plans qualifying as “group health plans” under Section 4980B of the Code or Section 607(l) or 609 of ERISA (relating to the benefit continuation rights imposed by “COBRA” or qualified medical child support orders), the TARGET and its Subsidiaries have complied in all Material respects with all reporting, disclosure, notice, election and other benefit continuation and coverage requirements imposed thereunder as and when applicable to those plans, and the TARGET and its Subsidiaries have not incurred (and will not incur) any Material liability or are (or will be) subject to any loss, assessment, excise tax penalty, loss of Federal income tax deduction or other sanction, arising on account of or in respect of any direct or indirect failure by the TARGET and its Subsidiaries, at any time prior to the Closing, to comply with any such Federal or state benefit continuation or coverage requirement, which is capable of being assessed or asserted before or after the Closing directly or indirectly against the TARGET, any of its Subsidiaries, the Buyer Company or any Subsidiary or Affiliate of the Buyer Company with respect to any of those group health plans.
NO PROHIBITED TRANSACTIONS, ETC. Except as set forth on Schedule 4.27(d), with respect to each ERISA Benefit Plan, neither such plan, nor any trustee, administrator, fiduciary, agent or employee thereof, and none of the Stockholders, nor the Company or any Company Subsidiary has engaged in any Prohibited Transaction with respect to such ERISA Benefit Plan. With respect to each ERISA Pension Benefit Plan (i) all minimum funding standards required by law with respect to funding of benefits payable or to be payable under such plan have been met; (ii) there is no accumulated funding deficiency, as defined in Section 412(a) of the Code and Section 302(a) of ERISA; and (iii) there have been no terminations, partial terminations, or discontinuances of contributions without a determination by the IRS that such action does not adversely affect the tax-qualified status of that plan.
NO PROHIBITED TRANSACTIONS, ETC. None of the Stockholders, any Plan or OSI has engaged in any Prohibited Transaction. No Plan has incurred an accumulated funding deficiency, as defined in Section 412(a) of the Code and Section 302(a) of ERISA, and no circumstances exist pursuant to which OSI could have any direct or indirect liability whatsoever (including being subject to any statutory Lien to secure payment of any such liability), to the Pension Benefit Guaranty Corporation under Title IV of ERISA or to the IRS for any excise tax or penalty with respect to any Plan now or hereafter maintained or contributed to by OSI or any of its ERISA Affiliates. Further:
NO PROHIBITED TRANSACTIONS, ETC. None of the Seller, the Joint Ventures nor any Plan has engaged in any Prohibited Transaction. Further, to the knowledge of the Seller:
