Common use of Status of Plans Clause in Contracts

Status of Plans. Neither the Company nor any of its Subsidiaries maintains or contributes to any Employee Benefit Plan subject to ERISA that is not in substantial compliance with ERISA or which has incurred any accumulated funding deficiency within the meaning of Section 412 or 418B of the Code, or that has applied for or obtained a waiver from the Internal Revenue Service of any minimum funding requirement under Section 412 of the Code. Neither the Company nor any of its Subsidiaries has incurred any liability to the Pension Benefit Guaranty Corporation ("PBGC") in connection with any Employee Benefit Plan covering any employees of the Company or any of its Subsidiaries or ceased operations at any facility or withdrawn from any Employee Benefit Plan in a manner which could subject it to liability under Section 4062, 4063 or 4064 of ERISA, and the Company knows of no facts or circumstances which might give rise to any liability of the Company or any of its Subsidiaries to the PBGC under Title IV of ERISA that could reasonably be anticipated to result in any claims being made against the Company by the PBGC. Neither the Company nor any of its Subsidiaries has incurred any withdrawal liability (including any contingent or secondary withdrawal liability) within the meaning of Sections 4201 and 4204 of ERISA, to any Employee Benefit Plan that is a Multiemployer Plan (as defined in Section 4001(a)(3) of ERISA), and no event has occurred, and there exists no condition or set of circumstances, that presents a material risk of the occurrence of any withdrawal from or the partition, termination, reorganization or insolvency of any Multiemployer Plan which could result in any liability to a Multiemployer Plan.

Status of Plans. Neither the Company nor any of its Subsidiaries maintains The Seller does not maintain or contributes contribute to any Employee Benefit Plan subject to ERISA that which is not in substantial compliance with ERISA ERISA, or which has incurred any accumulated funding deficiency within the meaning of Section 412 or 418B of the Code, or that which has applied for or obtained a waiver from the Internal Revenue Service of any minimum funding requirement under Section 412 of the Code. Neither the Company nor any of its Subsidiaries The Seller has not incurred any liability to the Pension Benefit Guaranty Corporation ("PBGC") in connection with any Employee Benefit Plan covering any employees of the Company Seller or of any entity treated as a single employer with the Seller under Section 414 of its Subsidiaries the Code (an "ERISA Affiliate") or ceased operations at any facility or withdrawn from any Employee Benefit such Plan in a manner which could subject it to liability under Section 4062Sections 4062(f), 4063 or of 4064 of ERISA, and neither the Company Seller nor the Stockholder knows of no any facts or circumstances which might could reasonably be expected to give rise to any liability of the Company or any of its Subsidiaries Seller to the PBGC under Title IV of ERISA that which could reasonably be anticipated expected to result in any claims being made against the Company Purchaser by the PBGC. Neither The Seller is not a party to any pension plan that is a "multi-employer plan" (within the Company nor any meaning of its Subsidiaries Section 4001(a)(3) of ERISA) and has not incurred any withdrawal liability (including any contingent or secondary withdrawal liability) ), within the meaning of Sections 4201 and 4204 4202 of ERISA, to any Employee Benefit Plan that which is a Multiemployer Plan (as defined in Section 4001(a)(3) of ERISA), multi-employer plan and no event has occurred, and, to the best knowledge, information and belief of the Seller and the Stockholder, there exists no condition or set of circumstances, that which presents a material risk of the occurrence of any withdrawal from or the partition, termination, reorganization or insolvency of any Multiemployer Plan multi-employer plan which could result in any liability to a Multiemployer Planmulti-employer plan.