Common use of No Title IV or Multiemployer Plan Clause in Contracts

No Title IV or Multiemployer Plan. Neither Acquiror nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, contributed to, or is obligated to contribute to, or otherwise incurred any obligation or liability (including without limitation any contingent liability) under any "multiemployer plan" (as defined in Section 3(37) of ERISA) or to any "pension plan" (as defined in Section 3(2) of ERISA) subject to Title IV of ERISA or Section 412 of the Code. None of Acquiror or any ERISA Affiliate has any actual or potential withdrawal liability (including without limitation any contingent liability) for any complete or partial withdrawal (as defined in Sections 4203 and 4205 of ERISA) from any multiemployer plan.

Appears in 3 contracts

Samples: Merger Agreement (Convio, Inc.), Merger Agreement (Convio, Inc.), Merger Agreement (Zhone Technologies Inc)

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No Title IV or Multiemployer Plan. Neither Acquiror nor None of Seller, any subsidiary or any ERISA Affiliate has ever maintained, established, sponsored, participated in, contributed to, or is obligated to contribute to, or otherwise incurred any obligation or liability (including including, without limitation limitation, any contingent liability) under any "multiemployer plan" (as defined in Section 3(37) of ERISA) or to any "pension plan" (as defined in Section 3(2) of ERISA) subject to Title IV of ERISA or Section 412 of the Code. None of Acquiror Seller, any subsidiary or any ERISA Affiliate has any actual or potential withdrawal liability (including including, without limitation limitation, any contingent liability) for any complete or partial withdrawal (as defined in Sections 4203 and 4205 of ERISA) from any multiemployer plan.

Appears in 3 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (MFC Development Corp), Asset Purchase Agreement (Intermix Media, Inc.)

No Title IV or Multiemployer Plan. Neither Acquiror Except as would not reasonably be expected to result in material Liability to Purchaser, neither Seller nor any Subsidiary or any ERISA Affiliate has ever maintained, established, sponsored, participated in, contributed to, or is obligated to contribute to, or otherwise incurred any obligation or liability (including without limitation any contingent liability) under any "multiemployer plan" (as defined in Section 3(37) of ERISA) Multiemployer Plan or to any "pension plan" (as defined in Section 3(2) of ERISA) Pension Plan subject to Title IV of ERISA or Section 412 of the Code. None of Acquiror or Except as would not reasonably be expected to result in material Liability to Purchaser, neither Seller nor any ERISA Affiliate has any actual or potential withdrawal liability (including without limitation any contingent liability) for any complete or partial withdrawal (as defined in Sections 4203 and 4205 of ERISA) from any multiemployer planMultiemployer Plan.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Integrated Device Technology Inc), Asset Purchase Agreement (Integrated Device Technology Inc)

No Title IV or Multiemployer Plan. Neither Acquiror Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, contributed to, or is obligated to contribute to, or otherwise incurred any obligation or liability (including without limitation any contingent liability) under any "multiemployer plan" (as defined in Section 3(37) of ERISA) ), or to any "pension plan" (as defined in Section 3(2) of ERISA) subject to Title IV of ERISA or Section 412 of the Code. None of Acquiror or Neither Company nor any ERISA Affiliate has any actual or potential withdrawal liability (including without limitation any contingent liability) for any complete or partial withdrawal (as defined in Sections 4203 and 4205 of ERISA) from any multiemployer plan.

Appears in 1 contract

Samples: Merger Agreement (NetApp, Inc.)

No Title IV or Multiemployer Plan. Neither Acquiror nor None of Shomiti or any ERISA Affiliate has ever maintained, established, sponsored, participated in, contributed to, or is obligated to contribute to, or otherwise incurred any obligation or liability (including including, without limitation limitation, any contingent liability) under any "multiemployer plan" (as defined in Section 3(37) of ERISA) or to any "pension plan" (as defined in Section 3(2) of ERISA) subject to Title IV of ERISA or Section 412 of the Code. None of Acquiror Shomiti or any ERISA Affiliate has any actual or potential withdrawal liability (including including, without limitation limitation, any contingent liability) for any complete or partial withdrawal (as defined in Sections 4203 and 4205 of ERISA) from any multiemployer plan.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Finisar Corp)

No Title IV or Multiemployer Plan. Neither Acquiror the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, in or contributed to, or is obligated to materially contribute to, or otherwise incurred any obligation or liability (including without limitation any contingent liability) under under, any "multiemployer plan" (as defined in Section 3(37) of ERISA) or to any "“employee pension benefit plan" (as defined in Section 3(2) of ERISA) subject to Title IV of ERISA or Section 412 of the Code. None of Acquiror or Neither the Company nor any ERISA Affiliate has has, as of the date of this Agreement, any actual or potential withdrawal liability (including without limitation any contingent liability) for any complete or partial withdrawal (as defined in Sections 4203 and 4205 of ERISA) from any multiemployer plan.

Appears in 1 contract

Samples: Merger Agreement (Gilead Sciences Inc)

No Title IV or Multiemployer Plan. Neither Acquiror the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, in or contributed to, or is obligated to materially contribute to, or otherwise incurred any obligation or liability (including without limitation any contingent liability) under under, any "multiemployer plan" (as defined in Section 3(37) of ERISA) or to any "pension plan" (as defined in Section 3(2) of ERISA) subject to Title IV of ERISA or Section 412 of the Code. None of Acquiror or Neither the Company nor any ERISA Affiliate has has, as of the date of this Agreement, any actual or potential withdrawal liability (including without limitation any contingent liability) for any complete or partial withdrawal (as defined in Sections 4203 and 4205 of ERISA) from any multiemployer plan.

Appears in 1 contract

Samples: Merger Agreement (Teva Pharmaceutical Industries LTD)

No Title IV or Multiemployer Plan. Neither Acquiror nor None of Seller or any ERISA Affiliate has ever maintained, established, sponsored, participated in, contributed to, or is obligated to contribute to, or otherwise incurred any obligation or liability (including including, without limitation limitation, any contingent liability) under any "multiemployer plan" (as defined in Section 3(37) of ERISA) or to any "pension plan" (as defined in Section 3(2) of ERISA) subject to Title IV of ERISA or Section 412 of the Code. None of Acquiror Seller or any ERISA Affiliate has any actual or potential withdrawal liability (including including, without limitation limitation, any contingent liability) for any complete or partial withdrawal (as defined in Sections 4203 and 4205 of ERISA) from any multiemployer plan.

Appears in 1 contract

Samples: Asset Purchase Agreement (Apogee Technology Inc)

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No Title IV or Multiemployer Plan. Neither Acquiror Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, in or contributed to, or is obligated to contribute to, or otherwise incurred any obligation or liability (including without limitation any contingent liability) under under, any "multiemployer plan" (as defined in Section 3(37) of ERISA) or to any "pension plan" (as defined in Section 3(2) of ERISA) subject to Title IV of ERISA or Section 412 of the Code. None of Acquiror or Neither Company nor any ERISA Affiliate has has, as of the date of this Agreement, any actual or potential withdrawal liability (including without limitation any contingent liability) for any complete or partial withdrawal (as defined in Sections 4203 and 4205 of ERISA) from any multiemployer plan.

Appears in 1 contract

Samples: Merger Agreement (Stanley, Inc.)

No Title IV or Multiemployer Plan. Neither Acquiror nor None of Company or any ERISA Affiliate has ever maintained, established, sponsored, participated in, contributed to, or is obligated to contribute to, or otherwise incurred any obligation or liability (including including, without limitation limitation, any contingent liability) under any "(i) “multiemployer plan" (as defined in Section 3(37) of ERISA) or (ii) to any "pension plan" (as defined in Section 3(2) of ERISA) subject to Section 302 or Title IV of ERISA or Section 412 of the Code. None of Acquiror or Neither Company nor any ERISA Affiliate has any actual or potential withdrawal liability (including including, without limitation limitation, any contingent liability) for any complete or partial withdrawal (as defined in Sections 4203 and 4205 of ERISA) from any multiemployer plan.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Zygo Corp)

No Title IV or Multiemployer Plan. Neither Acquiror the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, in or contributed to, or is obligated to materially contribute to, or otherwise incurred any obligation or liability (including without limitation any contingent liability) under under, any "multiemployer plan" (as defined in Section 3(37) of ERISA) or to any "“employee pension benefit plan" (as defined in Section 3(2) of ERISA) subject to Title IV of ERISA or Section 412 of the Code. None of Acquiror or Neither Company nor any ERISA Affiliate has has, as of the date of this Agreement, any actual or potential withdrawal liability (including without limitation any contingent liability) for any complete or partial withdrawal (as defined in Sections 4203 and 4205 of ERISA) from any multiemployer plan.

Appears in 1 contract

Samples: Merger Agreement (Amgen Inc)

No Title IV or Multiemployer Plan. Neither Acquiror the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, contributed to, or is obligated to contribute to, or otherwise incurred any obligation or liability (including without limitation any contingent liability) under any "multiemployer plan" (as defined in Section 3(37) of ERISA) or to any "pension plan" (as defined in Section 3(2) of ERISA) subject to Title IV of ERISA or Section 412 of the Code. None of Acquiror the Company or any ERISA Affiliate has any actual or potential withdrawal liability (including without limitation any contingent liability) for any complete or partial withdrawal (as defined in Sections 4203 and 4205 of ERISA) from any multiemployer plan.

Appears in 1 contract

Samples: Merger Agreement (Barracuda Networks Inc)

No Title IV or Multiemployer Plan. Neither Acquiror Seller nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, contributed to, or is obligated to contribute to, or otherwise incurred any obligation or liability (including without limitation any contingent liability) under any "multiemployer plan" (as defined in Section 3(37) of ERISA) or to any "pension plan" (as defined in Section 3(2) of ERISA) subject to Title IV of ERISA or Section 412 of the Code. None of Acquiror Seller or any ERISA Affiliate has any actual or potential withdrawal liability (including without limitation any contingent liability) for any complete or partial withdrawal (as defined in Sections 4203 and 4205 of ERISA) from any multiemployer plan.

Appears in 1 contract

Samples: Merger Agreement (Velti PLC)

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