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); (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; (iv) a “voluntary employees’ beneficiary association,” as defined in Section 501(c)(9) of the Code; or (v) a “multiple employer welfare arrangement,” as defined in Section 3(40) of ERISA.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Omnicomm Systems Inc)

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Absence of Certain Plans. No Employee Plan is a “multiemployer plan” (as defined in Section 4001(a)(3) of ERISA). Except as set forth on Section 3.18(b‎3.20(b) of the Company Disclosure Letter, neither the Company nor any of its ERISA Affiliates has previously maintained, sponsored or contributed to or currently Subsidiaries maintains, sponsors or participates in, or contributes to, or is required to contribute to or has any liability (contingent or obligation otherwise), including on account of any ERISA Affiliate or an event occurring during the past six (6) years, with respect to, to (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA)) or a similar benefit plan maintained outside of the United States that could result in liability in a manner similar to a “multiemployer plan”; (ii) a “multiple employer plan” (as defined in Section 4063 or Section 4064 of ERISA); (iii) a defined an employee 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; or (iv) a “voluntary employees’ beneficiary association,” as any other defined in Section 501(c)(9) of the Code; benefit pension plan, whether or (v) a “multiple employer welfare arrangement,” as defined in Section 3(40) of not subject to ERISA.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Diversey Holdings, Ltd.)

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 either (1) has previously maintained, sponsored or contributed to, to the extent that it currently has material liabilities with respect to, or (2) 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) 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; or (iv) a “voluntary employees’ beneficiary association,” as defined in Section 501(c)(9) of the Code; or (v) a “multiple employer welfare arrangement,(as defined in Section 3(40) of ERISA).

Appears in 1 contract

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

Absence of Certain Plans. Except as set forth on Section 3.18(b3.19(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 is required to contribute to or has any liability (contingent or obligation otherwise) with respect to, to (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA)) or a benefit plan maintained outside of the United States that is similar to a “multiemployer plan”; (ii) a “multiple employer plan” (as defined in Section 4063 or Section 4064 of ERISA); (iii) a defined an employee 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; or (iv) a “voluntary employees’ beneficiary association,” as any other defined in Section 501(c)(9) of the Code; benefit pension plan, whether or (v) a “multiple employer welfare arrangement,” as defined in Section 3(40) of not subject to ERISA.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cision Ltd.)

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Absence of Certain Plans. Except as set forth on Section 3.18(b2.17(a) of the Company Disclosure Letter, neither the Company nor any of its ERISA Affiliates Subsidiaries has previously maintained, sponsored sponsored, participated in or contributed to or currently maintains, sponsors or participates in, or contributes to (or has any obligation to contribute to, ) or has any liability or obligation (including on account of an ERISA Affiliate) 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; (iv) a “voluntary employees’ beneficiary association,” as defined in Section 501(c)(9) of the Code; or (v) a “multiple employer welfare arrangement,” as defined in Section 3(40) of ERISA.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Roper Technologies Inc)

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