Common use of Pension and Profit Sharing Plans Clause in Contracts

Pension and Profit Sharing Plans. Except as disclosed in Schedule 3(z) of this Agreement, the Company does not have in effect any pension, profit sharing or other employee benefit plan described under Section 3(2)(A) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). All benefits payable under any terminated employee pension benefit plan (as such term is defined in Section 3(2)(A) of ERISA) previously maintained by the Company or to which it has previously contributed have been paid in full and/or that the Company does not have any unfunded liability in respect of any such plan to the Pension Benefit Guaranty Corporation or to the participants in such plan or to the beneficiaries of such participants. Each such terminated plan was terminated substantially in accordance with the applicable provisions of law or any agreement or contract relating to any such plan and has been terminated without liability to the Company.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Blue Earth, Inc.), Agreement and Plan of Merger (Blue Earth, Inc.), Agreement and Plan of Merger (Blue Earth, Inc.)

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Pension and Profit Sharing Plans. Except as disclosed in Schedule 3(z4(z) of this Agreement, the Company Corporation does not have in effect any pension, profit sharing or other employee benefit plan described under Section 3(2)(A) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). All benefits payable under any terminated employee pension benefit plan (as such term is defined in Section 3(2)(A) of ERISA) previously maintained by the Company Corporation or to which it has previously contributed have been paid in full and/or that the Company Corporation does not have any unfunded liability in respect of any such plan to the Pension Benefit Guaranty Corporation or to the participants in such plan or to the beneficiaries of such participants. Each such terminated plan was terminated substantially in accordance with the applicable provisions of law or any agreement or contract relating to any such plan and has been terminated without liability to the CompanyCorporation.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Blue Earth, Inc.), Agreement and Plan of Merger (Blue Earth, Inc.)

Pension and Profit Sharing Plans. Except as disclosed in Schedule 3(z) of this Agreement-------------------------------- SCHEDULE 4(p), the Company Corporation does not have in effect any pension, profit sharing or other employee benefit plan described under Section 3(2)(A) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). All benefits payable under any terminated employee pension benefit plan (as such term is defined in Section 3(2)(A) of ERISA) previously maintained by the Company Corporation or to which it has previously contributed have been paid in full and/or that the Company Corporation does not have any unfunded liability in respect of any such plan to the Pension Benefit Guaranty Corporation or to the participants in such plan or to the beneficiaries of such participants. Each such terminated plan was terminated substantially in accordance with the applicable provisions of law or any agreement or contract relating to any such plan and has been terminated without liability to the CompanyCorporation.

Appears in 1 contract

Samples: Stock Purchase Agreement (Agribiotech Inc)

Pension and Profit Sharing Plans. Except as disclosed in Schedule 3(z3(z)(i) of this Agreement, the Company Shoom does not have in effect any pension, profit sharing or other employee benefit plan described under Section 3(2)(A) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). All benefits payable under any terminated employee pension benefit plan (as such term is defined in Section 3(2)(A) of ERISA) previously maintained by the Company Shoom or to which it has previously contributed have been paid in full and/or that the Company Shoom does not have any unfunded liability in respect of any such plan to the Pension Benefit Guaranty Corporation or to the participants in such plan or to the beneficiaries of such participants. Each such terminated plan was terminated substantially in accordance with the applicable provisions of law or any agreement or contract relating to any such plan and has been terminated without liability to the CompanyShoom.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sysorex Global Holdings Corp.)

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Pension and Profit Sharing Plans. Except as disclosed in Schedule 3(z) of this Agreement4(a)(xviii), the Company Corporation does not have in effect any pension, profit sharing or other employee benefit plan described under Section 3(2)(A) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). All benefits payable under any terminated employee pension benefit plan (as such term is defined in Section 3(2)(A) of ERISA) previously maintained by the Company Corporation or to which it has previously contributed (if any) have been paid in full and/or that the Company full. The Corporation does not have any unfunded liability in respect of any such plan to the Pension Benefit Guaranty Corporation or to the participants in such plan or to the beneficiaries of such participants. Each such terminated plan (if any) was terminated substantially in accordance with the applicable provisions of law or any agreement or contract relating to any such plan and has been terminated without liability to the CompanyCorporation.

Appears in 1 contract

Samples: Stock Purchase Agreement (Andover Medical, Inc.)

Pension and Profit Sharing Plans. Except as disclosed in Schedule 3(z) of this Agreement4(b)(xvi), the Company Corporation does not have in effect any pension, profit sharing or other employee benefit plan described under Section 3(2)(A) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). All benefits payable under any terminated employee pension benefit plan (as such term is defined in Section 3(2)(A) of ERISA) previously maintained by the Company Corporation or to which it has previously contributed (if any) have been paid in full and/or that the Company full. The Corporation does not have any unfunded liability in respect of any such plan to the Pension Benefit Guaranty Corporation or to the participants in such plan or to the beneficiaries of such participants. Each such terminated plan (if any) was terminated substantially in accordance with the applicable provisions of law or any agreement or contract relating to any such plan and has been terminated without liability to the CompanyCorporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Andover Medical, Inc.)

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