Common use of Title IV of ERISA Clause in Contracts

Title IV of ERISA. To the knowledge of the Company, (A) no Company Benefit Plan is a multiemployer pension plan (as defined in Section 3(37) of ERISA) (“Multiemployer Plan”) or other pension plan subject to Title IV of ERISA and neither the Company nor any Company Subsidiary has sponsored or contributed to or been required to contribute to a Multiemployer Plan or other pension plan subject to Title IV of ERISA, (B) no material liability under Title IV of ERISA has been incurred by the Company or any Company Subsidiary that has not been satisfied in full, and no condition exists that presents a material risk to the Company or any Company Subsidiary of incurring or being subject (whether primarily, jointly or secondarily) to a material liability thereunder, (C) none of the assets of the Company or any Company Subsidiary is, or may reasonably be expected to become, the subject of any lien arising under ERISA or Section 412(n) of the Code.

Appears in 2 contracts

Samples: Merger Agreement (DG FastChannel, Inc), Merger Agreement (Enliven Marketing Technologies Corp)

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Title IV of ERISA. To the knowledge Except as set forth in Section 4.14 of the CompanySellers’ Disclosure Schedule, (A) no Company Benefit Plan is a multiemployer pension plan (as defined in Section 3(37) of ERISA) (“Multiemployer Plan”) or other pension plan subject to Title IV of ERISA and neither the Company nor any Company Subsidiary ERISA Affiliate has sponsored or contributed to or been required to contribute to a Multiemployer Plan or other pension plan subject to Title IV of ERISA, (B) no . No material liability under Title IV of ERISA has been incurred by the Company or any Company Subsidiary ERISA Affiliate that has not been satisfied in full, and no condition exists that presents a material risk to the Company or any Company Subsidiary ERISA Affiliate of incurring or being subject (whether primarily, jointly or secondarily) to a material liability thereunder, (C) none . None of the assets of the Company or any Company Subsidiary ERISA Affiliate is, or may reasonably be expected to become, the subject of any lien arising under ERISA or Section 412(n) of the Code.

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (Tower Tech Holdings Inc.), Stock Purchase Agreement (Tower Tech Holdings Inc.)

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Title IV of ERISA. To the knowledge of the Company, (Ai) no Company Benefit Plan is a multiemployer pension plan (as defined in Section 3(37) of ERISA) (“Multiemployer Plan”) or other pension plan subject to Title IV of ERISA and neither the Company nor any Company Subsidiary ERISA Affiliate has sponsored or contributed to or been required to contribute to a Multiemployer Plan or other pension plan subject to Title IV of ERISA, (Bii) no material liability under Title IV of ERISA has been incurred by the Company or any Company Subsidiary ERISA Affiliate that has not been satisfied in full, and no condition exists that presents a material risk to the Company or any Company Subsidiary ERISA Affiliate of incurring or being subject (whether primarily, jointly or secondarily) to a material liability thereunder, (Ciii) none of the assets of the Company or any Company Subsidiary ERISA Affiliate is, or may reasonably be expected to become, the subject of any lien Lien arising under ERISA or Section 412(n) of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Microfluidics International Corp)

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