Examples of Transferred Employee Plan in a sentence
Seller and its Affiliates have performed in all material respects all obligations required to be performed by them under any Transferred Employee Plan and are not in any material respect in default under or in violation of any Transferred Employee Plan.
No Transferred Employee Plan is a multi-employer plan (within the meaning of Section 3(37) or Section 4001(a)(3) of ERISA).
No material action, claim, investigation or proceeding is pending or, to the Knowledge of Seller, threatened in writing, with respect to any Transferred Employee Plan (other than claims for benefits in the Ordinary Course), and no fact or event exists, to the Knowledge of Seller, that could give rise to any such action, claim or proceeding.
All employer and employee contributions, premiums and expenses payable to or in respect of any Transferred Employee Plan or required by Law or any Transferred Employee Plan or labor agreement or arrangement have been timely paid, or, if not yet due, have been properly accrued in the Audited Financial Statements in accordance with US GAAP applied on a consistent basis.
There are no Actions or claims (other than routine claims for benefits) pending or, to the Knowledge of Seller, threatened with respect to any Transferred Employee Plan or any related trust or other funding medium thereunder or with respect to Seller or any ERISA Affiliate as the sponsor or fiduciary thereof and, to the Knowledge of Seller, there is no basis for any such Action.
With respect to any Transferred Employee Plan intended to qualify to tax-favorable treatment under applicable Law, to the Knowledge of the Seller there exists no event or circumstance that has or is likely to adversely affect such qualification or exemption.
To the Knowledge of the Sellers, no prohibited transaction (as described in Section 406 of ERISA or Section 4975 of the Code) which can reasonably be expected to result in material liability has occurred with respect to any Transferred Employee Plan.
There are no audits, inquiries or proceedings pending or, to the Knowledge of Seller, threatened by the IRS or any other Government Authority with respect to any Transferred Employee Plan or Qualified Plan.
Buyer can assume each Transferred Employee Plan without payment of additional amounts or consideration, other than insurance premiums that Seller would otherwise be required to pay, pursuant to the terms of such Transferred Employee Plan.
To the extent applicable, the following documents with respect to each material Transferred Employee Plan have been made available to Buyer: (i) the most recent Form 5500, (ii) the most recent summary annual report, (iii) summary plan description, (iv) the most recent audited financial statements, (v) the most recent annual actuarial valuation, and (vi) all material correspondence to or from any Government Authority sent or received in the last year, (vii) each trust agreement.