Common use of Pension Plans and Welfare Plans; Compliance Clause in Contracts

Pension Plans and Welfare Plans; Compliance. To the best knowledge of the EDL Shareholders (i) EDL is in compliance in all material respects with all reporting and disclosure requirements applicable to it under the Internal Revenue Code of 1986, as amended (the "Code") and ERISA, and the Department of Labor and Internal Revenue Service regulations promulgated thereunder, with respect to all of the Pension Plans and Welfare Plans; (ii) no civil or criminal action brought pursuant to the provisions of Title I, Subtitle B, Part 5 of ERISA or any other federal or state law is pending or threatened against any fiduciary of the Pension Plans or the Welfare Plans; and (iii) no Pension Plan or Welfare Plan, or any fiduciary thereof, has been, or is currently, the direct or indirect subject of an audit, investigation or examination by any governmental or quasi-governmental agency.

Pension Plans and Welfare Plans; Compliance. To the best knowledge of the EDL Shareholders (i) EDL STL is in compliance in all material respects with all reporting and disclosure requirements applicable to it under the Internal Revenue Code of 1986, as amended (the "Code") and ERISA, and the Department of Labor and Internal Revenue Service regulations promulgated thereunder, with respect to all of the Pension Plans and Welfare Plans; (ii) no civil or criminal action brought pursuant to the provisions of Title I, Subtitle B, Part 5 of ERISA or any other federal or state law is pending or threatened against any fiduciary of the Pension Plans or the Welfare Plans; and (iii) no Pension Plan or Welfare Plan, or any fiduciary thereof, has been, or is currently, the direct or indirect subject of an audit, investigation or examination by any governmental or quasi-governmental agency.