Common use of Absence of Certain Plans Clause in Contracts

Absence of Certain Plans. Except as set forth on Section 3.18(b) of the Company Disclosure Letter, neither the Company nor any of its ERISA Affiliates has previously maintained, sponsored or contributed to or currently maintains, sponsors or participates in, or contributes to, or has any liability or obligation with respect to, (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (ii) a “multiple employer plan” (as defined in Section 4063 or Section 4064 of ERISA); or (iii) a defined benefit pension plan or a plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (MINDBODY, Inc.), Agreement and Plan of Merger (Apptio Inc), Agreement and Plan of Merger (Xactly Corp)

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Absence of Certain Plans. Except as set forth on Section 3.18(b) of the Company Disclosure Letter, neither Neither the Company nor any of its ERISA Affiliates has previously maintained, sponsored or contributed to (or been required to contribute to) or currently maintains, sponsors or participates in, or contributes to (or is required to contribute to, or has any liability or obligation with respect to), (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (ii) a “multiple employer plan” (as defined in Section 4063 or Section 4064 of ERISA); or (iii) a defined benefit pension plan (whether or a not subject to ERISA) or any plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA; or (iv) an International Employee Plan.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Fuller Max L), Agreement and Plan of Merger (Us Xpress Enterprises Inc), Agreement and Plan of Merger (Knight-Swift Transportation Holdings Inc.)

Absence of Certain Plans. Except as set forth on Section 3.18(b) of the No Employee Plan is, and no Company Disclosure Letter, neither the Company Group Member nor any of its ERISA Affiliates has previously maintained, sponsored or contributed to or currently maintains, sponsors or participates in, or contributes to, or has any liability or obligation with respect to, : (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (ii) a “multiple employer plan” (as defined in Section 4063 or Section 4064 of ERISA); or (iii) a defined benefit pension plan or a plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA.

Appears in 2 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (RealPage, Inc.)

Absence of Certain Plans. Except as set forth on Section 3.18(b) of the Company Disclosure Letter, neither Neither the Company nor any of its ERISA Affiliates has previously maintained, sponsored or contributed to or currently maintains, sponsors or participates in, or contributes to, or has any liability or obligation with respect to, (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (ii) a “multiple employer plan” (as defined in Section 4063 or Section 4064 of ERISA); or (iii) a defined benefit pension plan (whether or a not subject to ERISA) or any plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (KnowBe4, Inc.), Agreement and Plan of Merger (Vepf Vii SPV I, L.P.)

Absence of Certain Plans. Except as set forth on Section 3.18(b) of the Company Disclosure Letter, neither Neither the Company nor any of its ERISA Affiliates has previously maintained, sponsored or contributed to or currently maintains, sponsors or participates in, or contributes to, or otherwise has any liability liability, contingent or obligation with otherwise, in respect toof, (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (ii) a “multiple employer plan” (as defined in Section 4063 or Section 4064 of ERISA); or (iii) a defined benefit pension plan or a plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Forescout Technologies, Inc), Agreement and Plan of Merger (Forescout Technologies, Inc)

Absence of Certain Plans. Except as set forth on Section 3.18(b) of Neither the Company Disclosure LetterCompany, neither the Company it Subsidiaries nor any of its their respective ERISA Affiliates has previously maintained, sponsored sponsored, contributed to (or contributed had an obligations to contribute to) or otherwise had any liability with respect to or currently maintains, sponsors or participates in, contributes to (or contributes has an obligation to contribute to, ) or otherwise has any liability or obligation with respect to, (i) a “multiemployer plan” (as defined in within the meaning of Section 3(37) of ERISA); (ii) a “multiple employer plan” (as defined in subject to Section 413 of the Code or Section 4063 or Section 4064 of ERISA); or (iii) a defined benefit pension plan or a plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Section 4971 of the Code or Title IV of ERISA.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Linkedin Corp), Agreement and Plan of Merger

Absence of Certain Plans. Except as set forth on Section 3.18(b) of the Company Disclosure Letter, neither Neither the Company nor any of its ERISA Affiliates has previously during the past six years maintained, sponsored or participated in, contributed to or currently maintainsotherwise had any liability, sponsors whether absolute or participates incontingent, or contributes to, or has any liability or obligation with respect to, (i) a “multiemployer plan” (as defined in Section 3(374001(a)(3) of ERISA) (a “Multiemployer Plan”); , (ii) a “multiple employer plan” (as defined in Section 4063 or Section 4064 of ERISA); , or (iii) a defined benefit pension plan or a plan that is subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Quotient Technology Inc.)

Absence of Certain Plans. Except as set forth on Section 3.18(b) of the Company Disclosure Letter, neither the Company nor any of its ERISA Affiliates has previously maintained, sponsored or contributed to or currently maintains, sponsors or participates in, or contributes to, or has any liability or obligation with respect to, (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (ii) a “multiple employer plan” (as defined in Section 4063 or Section 4064 of ERISA); or (iii) a defined benefit pension plan or a plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cvent Inc)

Absence of Certain Plans. Except as set forth on Section 3.18(b) of the Company Disclosure Letter, neither Neither the Company nor any of its ERISA Affiliates within the last six years has previously maintained, sponsored or contributed to or currently maintains, sponsors or participates in, or contributes to, or has any liability or obligation with respect to, (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (ii) a “multiple employer plan” (as defined in Section 4063 or Section 4064 of ERISA); (iii) any “multiple employer welfare arrangement” (as such term is defined in Section 3(40) of ERISA); or (iiiiv) a defined benefit pension plan or a plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA, and neither the Company nor any ERISA Affiliate has ever incurred any liability under Title IV of ERISA that has not been paid in full.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Globalscape Inc)

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Absence of Certain Plans. Except as set forth on Section 3.18(b) of the No Company Disclosure LetterBenefit Plan is, and neither the Company nor any of its ERISA Affiliates has previously maintained, sponsored or contributed to or currently maintains, sponsors or participates in, or contributes to, or otherwise has any liability or obligation with respect to, (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (ii) a “multiple employer plan” (as defined in Section 4063 or Section 4064 of ERISA); or (iii) a defined benefit pension plan or a plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Medallia, Inc.)

Absence of Certain Plans. Except as set forth on Section 3.18(b) of the Company Disclosure Letter, neither Neither the Company nor any of its ERISA Affiliates has previously maintained, sponsored or contributed to or currently maintains, sponsors or participates in, or contributes to, or has any liability or obligation with respect to, (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (ii) a “multiple employer plan” (as defined in Section 4063 or Section 4064 of ERISA); or (iii) a defined benefit pension plan or a plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sierra Oncology, Inc.)

Absence of Certain Plans. Except as set forth on Section 3.18(b) of the No Company Disclosure LetterBenefit Plan is, and neither the Company nor any of its ERISA Affiliates has previously maintained, sponsored or contributed to or currently maintains, sponsors or participates in, or contributes to, or otherwise has any liability or obligation with respect to, (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (ii) a “multiple employer plan” (as defined in Section 4063 or Section 4064 of ERISA); or (iii) a defined benefit pension plan or a plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Alteryx, Inc.)

Absence of Certain Plans. Except as set forth on Section 3.18(b) of the Company Disclosure Letter, neither Neither the Company nor any of its ERISA Affiliates has previously maintained, sponsored or contributed to or currently maintains, sponsors or participates in, or contributes to, to or has any liability or obligation with respect to, (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (ii) a “multiple employer plan” (as defined in Section 4063 or Section 4064 of ERISA); or (iii) a defined benefit pension plan or a plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Rocket Fuel Inc.)

Absence of Certain Plans. Except as set forth on Section 3.18(b) of the Company Disclosure Letter, neither the Company nor any of its ERISA Affiliates has previously maintained, sponsored or contributed to or currently maintains, sponsors or participates in, or contributes to, or has any liability or obligation with respect to, (i) a "multiemployer plan" (as defined in Section 3(37) of ERISA); (ii) a "multiple employer plan" (as defined in Section 4063 or Section 4064 of ERISA); or (iii) a defined benefit pension plan or a plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Marketo, Inc.)

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