Examples of Borrower Plan in a sentence
Each Borrower Plan is in compliance with ERISA and the applicable provisions of the Internal Revenue Code in all respects except where the failure to comply would not have a Material Adverse Effect.
There are no claims (other than claims for benefits in the normal course), actions or lawsuits asserted or instituted against, and none of Borrower, the REIT, any of the Subsidiaries or any of their ERISA Affiliates has knowledge of any threatened litigation or claims against the assets of any Borrower Plan or against any fiduciary of such Borrower Plan with respect to the operation of such Borrower Plan which could have a Material Adverse Effect.
With such longitudinal and multimodal data, we can not only detect events, but we can try to identify and mine lifestyle patterns by considering time correlation within one sensor stream, and/or cross-correlation across different sensor types.
Each Borrower Plan that is intended to qualify under Section 401(a) of the Code has received a favorable determination letter from the IRS or an application for such a letter is currently being processed by the IRS with respect thereto and, to the best knowledge of Borrower, nothing has occurred subsequent to the issuance of such determination letter which would prevent, or cause the loss of, such qualification.
Borrower and each member of its ERISA Group have made all required contributions to each Borrower Plan, except to the extent that a failure to do so would not reasonably be expected to have a Material Adverse Effect, and no extension of any amortization period pursuant to Section 412 of the Code has been made with respect to any Borrower Plan.
All contributions which are due have been paid to each Borrower Plan, the funding method used in connection with each Borrower Plan is acceptable under ERISA, and the actuarial assumptions used in connection with funding each Borrower Plan, in the aggregate, are reasonable (taking into account the experience of such Borrower Plan and reasonable expectations).
Borrower and each member of its ERISA Group have made all required contributions to each Borrower Plan, except to the extent that a failure to do so would not reasonably be expected to have a Material Adverse Effect.
No "accumulated funding deficiency" (as defined in Section 302(a)(2) of ERISA) (whether or not waived and whether arising on account of improper amortization of charges or credits in any funding standard account, improper determination of any such charge or credit, or any other reason) exists with respect to any plan year of any Borrower Plan.
Except as disclosed on Schedule 4.12(C), the market value of assets under each Borrower Plan (other than any Multiemployer Plan) equals or exceeds the actuarial present value of accrued benefits thereunder (determined in accordance with then current funding assumptions).
The termination of, or withdrawal from, any Borrower Plan or to the knowledge of any Loan Party or Loan Party Affiliate, any Pension Plan, on or prior to the Closing Date, has not and will not subject any Loan Party to any liability to the PBGC or to any other party, nor has there been any event requiring any disclosure under Section 4041(c) (3) (c), 4063(a) or 4068(f) of ERISA with respect to any Borrower Plan or to the knowledge of any Loan Party or Loan Party Affiliate, with respect to any Pension Plan.