Multiple Employer. Plan shall mean a Single Employer Plan, which (a) is maintained for employees of any Borrower or ERISA Affiliate and at least one Person other than any of the Borrowers or ERISA Affiliates or (b) was so maintained and in respect of which any Borrower or ERISA Affiliate could have liability under Section 4064 or 4069 of ERISA in the event such Plan has been or were to be terminated. Net Cash Proceeds shall mean, (i) with respect to any Disposition by any Obligor or any of its subsidiaries, the amount of cash received (directly or indirectly) from time to time (whether as initial consideration or through the payment of deferred consideration) by or on behalf of such Obligor or such subsidiary, in connection therewith after deducting therefrom only (A) the amount of any Indebtedness secured by any lien permitted by Paragraph 8.2(k)(i) on any asset (other than Indebtedness assumed by the purchaser of such asset) which is required to be, and is, repaid in connection with such Disposition (other than Indebtedness under this Agreement), (B) reasonable expenses related thereto incurred by such Obligor or such subsidiary in connection therewith, (C) transfer taxes paid to any taxing authorities by such Obligor or such subsidiary in connection therewith, and (D) net income taxes to be paid in connection with such Disposition (after taking into account any tax credits or deductions and any tax sharing arrangements) and (ii) with respect to the issuance or incurrence of any Indebtedness by any Obligor or any of its subsidiaries, or the sale or issuance by any Obligor or any of its subsidiaries of any shares of its capital stock, the aggregate amount of cash received (directly or indirectly) from time to time (whether as initial consideration or through the payment of deferred consideration) by or on behalf of such Obligor or such subsidiary in connection therewith, after deducting therefrom only (A) reasonable brokerage commissions, underwriting fees and discounts, legal fees and similar fees and commissions, (B) transfer taxes paid by such Obligor or such subsidiary in connection therewith and (C) net income taxes to be paid in connection therewith (after taking into account any tax credits or deductions and any tax sharing arrangements).
Multiple Employer. Plan shall mean a Plan which has two or more contributing sponsors (including the Borrower or any member of the ERISA Group) at least two of whom are not under common control, as such a plan is described in Sections 4063 and 4064 of ERISA.
Multiple Employer. Plan: Defined pursuant to subsection 1.2 hereof.
Examples of Multiple Employer in a sentence
Neither the Borrower nor any other member of the ERISA Group has been notified by any Multiemployer Plan or Multiple Employer Plan that such Multiemployer Plan or Multiple Employer Plan has been terminated within the meaning of Title IV of ERISA and, to the best knowledge of the Borrower, no Multiemployer Plan or Multiple Employer Plan is reasonably expected to be reorganized or terminated, within the meaning of Title IV of ERISA.
The Borrower and all other members of the ERISA Group have made when due any and all payments required to be made under any agreement relating to a Multiemployer Plan or a Multiple Employer Plan or any Law pertaining thereto.
There has been no Prohibited Transaction with respect to any Benefit Arrangement or any Plan or, to the best knowledge of the Borrower, with respect to any Multiemployer Plan or Multiple Employer Plan, which could result in any material liability of the Borrower or any other member of the ERISA Group.
Neither any Consolidated Party nor any ERISA Affiliate would become subject to any withdrawal liability under ERISA if any Consolidated Party or any ERISA Affiliate were to withdraw completely from all Multiemployer Plans and Multiple Employer Plans as of the valuation date most closely preceding the date on which this representation is made or deemed made.
No member of the Consolidated Group nor any ERISA Affiliate would become subject to any withdrawal liability under ERISA if any member of the Consolidated Group or any ERISA Affiliate were to withdraw completely from all Multiemployer Plans and Multiple Employer Plans as of the valuation date most closely preceding the date on which this representation is made or deemed made.
More Definitions of Multiple Employer
Multiple Employer. PLAN shall mean a Plan which has two or more contributing sponsors (including the Loan Parties or any member of the ERISA Group) at least two of whom are not under common control, as such a plan is described in Sections 4063 and 4064 of ERISA. MULTIEMPLOYER PLAN shall mean any employee benefit plan which is a "multiemployer plan" within the meaning of Section 4001(a)(3) of ERISA and to which the Loan Parties or any member of the ERISA Group is then making or accruing an obligation to make contributions or, within the preceding five Plan years, has made or had an obligation to make such contributions. NON-CONSENTING LENDER shall have the meaning assigned to that term in Section 10.1.
Multiple Employer. PLAN shall mean a Defined Benefit Pension Plan which has two (2) or more contributing sponsors (including the Borrower or any member of the ERISA Group) at least two (2) of whom are not under common control, as such a plan is described in Sections 4063 and 4064 of ERISA.
Multiple Employer. PLAN shall mean a Plan which has two or more contributing sponsors (including the Borrower or any member of the ERISA Group) at least two of whom are not under common control, as such a plan is described in Sections 4063 and 4064 of ERISA. NATIONAL CITY shall mean National City Bank of Pennsylvania, a national banking association, its successors and assigns.
Multiple Employer. Plan shall have the meaning given in Section 4.28(c)(iv). 77. Net Worth shall have the meaning given in Section 1.4. 78. NLLC shall have the meaning given in the Background. 79. NLLC Membership Interests shall have the meaning given in the Recitals. 80. Non-Disclosure and Trade Secret Protection Agreement shall have the meaning given in Section 3.10(b). 81. Operating Licenses shall have the meaning given in Section 4.35. 82. Ordinary Course of Business shall mean the ordinary course of business consistent with past custom and practice (including with respect to quantity and frequency). 83. OSHCO shall have the meaning given in the Background. 84. OSHCO Shares shall have the meaning given in the Recitals. 85. Owned Real Property shall have the meaning given in Section 4.22. 86. Parties or Party shall have the meaning given in the Background. 87. Permits shall have the meaning given in Section 4.17. 88. Pre-Closing Period shall have the meaning given in Section 3.2(a). 89. Pre-Closing Tax Return shall have the meaning given in Section 3.12(b). 90. Predecessor shall have the meaning given in Section 4.18(a)(vi). 91. Plans shall have the meaning given in Section 4.28(a)(i). 92. Purchase Price Adjustment shall have the meaning given in Section 1.5(a). 93. QAT shall have the meaning given in the Background. 94. RACS shall have the meaning given in the Background. 95. RAQ shall have the meaning given in the Background. 96. RACS Shares shall have the meaning given in the Recitals. 97. RCMC shall have the meaning given in the Background. 98. RCMC Shares shall have the meaning given in the Recitals. 99. RFB shall have the meaning given in the Background. 100. Real Property shall have the meaning given in Section 4.22. iii 71 CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
Multiple Employer welfare arrangement” (as defined in Section 3(40) of ERISA). The Company does not have any Liability as a consequence of at any time being considered a single employer under Section 414 of the Code with any other Person. No Company Plan is subject to any tax under Section 512 of the Code. (f) With respect to each Company Plan: (i) there have been no prohibited transactions as defined in Section 406 of ERISA or Section 4975 of the Code; (ii) no fiduciary (as defined in Section 3(21) of ERISA) has any Liability for breach of fiduciary duty or any other failure to act or comply in connection with the administration or investment of the assets of such plans; and (iii) no actions, audits, investigations, proceedings, suits or claims (other than routine claims for benefits) are pending or threatened, and there are no facts that would give rise to or could reasonably be expected to give rise to any such actions, audits, investigations, proceedings, suits or claims.
Multiple Employer. Plan shall mean a Plan which has two or more contributing sponsors (including the Borrower or any member of the ERISA Group) at least two of whom are not under common control, as such a plan is described in Sections 4063 and 4064 of ERISA. NBG shall mean NationsBank of Georgia, N.A. NBT shall mean NationsBank of Tennessee, N.A.
Multiple Employer. Plan shall mean an employee pension benefit plan (but excluding any Multiemployer Plan) which is covered by Title IV of ERISA or is subject to the minimum funding standards under Section 412 of the Internal Revenue Code and which has two or more contributing sponsors (including the Borrower or any member of the ERISA Group) at least two of whom are not under common control, as such a plan is described in Sections 4063 and 4064 of ERISA.