No Prohibited Transactions Under ERISA. (a) Engage, or permit any Controlled ERISA Affiliate to engage, in any prohibited transaction which could result in a civil penalty or excise tax described in Section 406 of ERISA or Section 4975 of the Internal Revenue Code for which a statutory or class exemption is not available or a private exemption has not been previously obtained from the DOL; (b) permit to exist with respect to any Benefit Plan of the Borrowers, their Subsidiaries or any Controlled ERISA Affiliate any accumulated funding deficiency (as defined in Sections 302 of ERISA and 412 of the Internal Revenue Code), whether or not waived;
Appears in 1 contract
Samples: Credit Agreement (Chiquita Brands International Inc)
No Prohibited Transactions Under ERISA. (aA) Engage, or permit any Controlled ERISA Affiliate to engage, in any prohibited transaction which could result in a civil penalty or excise tax described in Section 406 of ERISA or Section 4975 of the Internal Revenue Code for which a statutory or class exemption is not available or a private exemption has not been previously obtained from the DOL;
(b) permit to exist with respect to any Benefit Plan of the Borrowers, their Subsidiaries or any Controlled ERISA Affiliate any accumulated funding deficiency (as defined in Sections 302 of ERISA and 412 of the Internal Revenue Code), whether or not waived;
Appears in 1 contract
Samples: Credit Agreement (Chiquita Brands International Inc)
No Prohibited Transactions Under ERISA. (a) Engage, or permit any Controlled ERISA Affiliate to engage, in any prohibited transaction which could result in a civil penalty or excise tax described in Section Sections 406 of ERISA or Section 4975 of the Internal Revenue Code for which a statutory or class exemption is not available or a private exemption has not been previously obtained from the DOL;
(b) permit to exist with respect to any Benefit Plan of the Borrowers, their Subsidiaries or any Controlled ERISA Affiliate any accumulated funding deficiency (as defined in Sections 302 of ERISA and 412 of the Internal Revenue Code), whether or not waived;
Appears in 1 contract
Samples: Credit Agreement (Fresh Foods Inc)
No Prohibited Transactions Under ERISA. (a) Engage, or permit any Controlled ERISA Affiliate to engage, in any prohibited transaction which could result in a civil penalty or excise tax described in Section 406 of ERISA or Section 4975 of the Internal Revenue Code for which a statutory or class exemption is not available or a private exemption has not been previously obtained from the DOL;
(b) permit to exist with respect to any Benefit Plan of the Borrowers, their Subsidiaries or any Controlled ERISA Affiliate any accumulated funding deficiency (as defined in Sections SECTIONS 302 of ERISA and 412 of the Internal Revenue Code), whether or not waived;
Appears in 1 contract
Samples: Credit Agreement (Chiquita Brands International Inc)