Common use of Status of Plans Clause in Contracts

Status of Plans. Each Employee Benefit Plan (including any related trust) complies in form with the requirements of all applicable Laws, including ERISA and the Code, and has at all times been maintained and operated in material compliance with its terms and the requirements of all applicable Laws and Orders, including ERISA and the Code. No complete or partial termination of any Employee Benefit Plan has occurred or is expected to occur. The Company has no commitment, intention or understanding to create, modify or terminate any Employee Benefit Plan. Except as required to maintain the tax-qualified status of any Employee Benefit Plan intended to qualify under Section 401(a) of the Code, no condition or circumstance exists that would prevent the amendment or termination of any Employee Benefit Plan. Each Employee Benefit Plan which is an "employee benefit plan" within the meaning of Section 3(2) of ERISA and which is intended to be qualified under Section 401(a) of the Code is so qualified and has received a favorable determination letter from the IRS or has applied for such favorable letter within the applicable remedial amendment period under Section 401(a) of the Code, and, to the knowledge of Seller, no circumstances exist that could reasonably be expected to result in the revocation of any such favorable determination letter or cause any such Employee Benefit Plan or trust to fail to be so qualified and exempt. To the knowledge of Seller, no event has occurred and no condition or circumstance has existed that would result in a material increase in the benefits under or the expense of maintaining any Employee Benefit Plan from the level of benefits or expense incurred for the most recent fiscal year ended thereof.

Status of Plans. Each Employee Benefit Plan (including any related trust) complies in form with the requirements of all applicable Lawslaws, including ERISA and the Code, and has at all times been maintained and operated in material substantial compliance with its terms and the requirements of all applicable Laws and Orderslaws, including ERISA and the Code. No complete or partial termination of any Employee Benefit Plan has occurred or is expected to occur, and no Proceedings have been instituted, and no condition exists and no event has occurred that would constitute grounds, under Title IV of ERISA to terminate, or appoint a trustee to administer, any Employee Benefit Plan. The Company Neither DMI nor any of its Subsidiaries has no any commitment, intention intention, or understanding to create, modify modify, or terminate any Employee Benefit Plan. Except as required to maintain the tax-qualified status of any Employee Benefit Plan intended to qualify under Section 401(a) of the Code, no condition or circumstance exists that would prevent the amendment or termination of any Employee Benefit Plan. Each Employee Benefit Plan which is an "employee benefit plan" within the meaning of Section 3(2) of ERISA and which is intended to be qualified under Section 401(a) of the Code is so qualified and has received a favorable determination letter from the IRS or has applied for such favorable letter within the applicable remedial amendment period under Section 401(a) of the Code, and, to the knowledge of Seller, no circumstances exist that could reasonably be expected to result in the revocation of any such favorable determination letter or cause any such Employee Benefit Plan or trust to fail to be so qualified and exempt. To the knowledge of Seller, no No event has occurred and no condition or circumstance has existed that would result in a material increase in the benefits under or the expense of maintaining any Employee Benefit Plan from the level of benefits or expense incurred for the most recent fiscal year ended thereof. No Employee Benefit Plan is a plan described in Section 4063(a) of ERISA.

Status of Plans. Each Employee Benefit Plan (including any related trust) complies in form with the requirements of all applicable Lawslaws, including including, without limitation, ERISA and the Code, and has at all times been maintained and operated in material compliance with its terms and the requirements of all applicable Laws and Orderslaws, including including, without limitation, ERISA and the Code. No complete or partial termination of any Employee Benefit Plan has occurred or is expected to occur, and, to the Seller's knowledge, no proceedings have been instituted, and no condition exists and no event has occurred that could constitute grounds, under Title IV of ERISA, to terminate, or appoint a trustee to administer, any Employee Benefit Plan. The Neither the Company nor any Subsidiary has no any commitment, intention or understanding to create, modify or terminate any Employee Benefit Plan. Except as required to maintain the tax-qualified status of any Employee Benefit Plan intended to qualify under Section 401(a) of the Code, no condition or circumstance exists that would prevent or restrict the amendment or termination of any Employee Benefit Plan. Each Employee Benefit Plan which is an "employee benefit plan" within the meaning of Section 3(2) of ERISA and which is intended to be qualified under Section 401(a) of the Code is so qualified and has received a favorable determination letter from the IRS or has applied for such favorable letter within the applicable remedial amendment period under Section 401(a) of the Code, and, to the knowledge of Seller, no circumstances exist that could reasonably be expected to result in the revocation of any such favorable determination letter or cause any such Employee Benefit Plan or trust to fail to be so qualified and exempt. To the knowledge of Seller, no No event has occurred and no condition or circumstance has existed that would reasonably be expected to result in a material an increase in the benefits under or the expense of maintaining any Employee Benefit Plan from the level of benefits or expense incurred for the most recent fiscal year ended thereof. No Employee Benefit Plan is a plan described in Section 4063(a) of ERISA.

Status of Plans. Each Employee Benefit Plan (including any related trust) complies in form with the requirements of all applicable Lawslaws, including including, without limitation, ERISA and the Code, and has at all times been maintained and operated in material substantial compliance with its terms and the requirements of all applicable Laws and Orderslaws, including including, without limitation, ERISA and the Code. No complete or partial termination of any Employee Benefit Plan has occurred or is expected to occur, and no proceedings have been instituted, and no condition exists and no event has occurred that could constitute grounds, under Title IV of ERISA to terminate, or appoint a trustee to administer, any Employee Benefit Plan. The Company Neither the Corporation nor any of its subsidiaries has no any commitment, intention or understanding to create, modify or terminate any Employee Benefit Plan. Except as required to maintain the tax-qualified status of any Employee Benefit Plan intended to qualify under Section 401(a) of the Code, no condition or circumstance exists that would prevent the amendment or termination of any Employee Benefit Plan. Each Employee Benefit Plan which is an "employee benefit plan" within the meaning of Section 3(2) of ERISA and which is intended to be qualified under Section 401(a) of the Code is so qualified and has received a favorable determination letter from the IRS or has applied for such favorable letter within the applicable remedial amendment period under Section 401(a) of the Code, and, to the knowledge of Seller, no circumstances exist that could reasonably be expected to result in the revocation of any such favorable determination letter or cause any such Employee Benefit Plan or trust to fail to be so qualified and exempt. To the knowledge of Seller, no No event has occurred and no condition or circumstance has existed that would could result in a material increase in the benefits under or the expense of maintaining any Employee Benefit Plan from the level of benefits or expense incurred for the most recent fiscal year ended thereof. No Employee Benefit Plan is a plan described in Section 4063(a) of ERISA.