Common use of Absence of Certain Plans Clause in Contracts

Absence of Certain Plans. Neither the Company nor any of its ERISA Affiliates has ever maintained, sponsored or contributed to or currently maintains, sponsors or participates in, or contributes 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 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 (Echelon Corp)

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Absence of Certain Plans. Neither the Company nor any of its ERISA Affiliates has ever maintained, sponsored or contributed to or currently maintains, sponsors or participates in, or contributes to, or is required to contribute to, or has any direct or contingent 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 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 (Del Frisco's Restaurant Group, Inc.)

Absence of Certain Plans. Neither the Company nor any of its ERISA Affiliates has ever previously maintained, sponsored or contributed to or currently maintains, sponsors or participates in, or contributes 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 (Tibco Software Inc)

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Absence of Certain Plans. Neither Since January 1, 2016, neither the Company Company, its Subsidiaries, nor any of its ERISA Affiliates Affiliate has ever maintained, sponsored or contributed to or currently maintainssponsored, sponsors or participates participated in, or contributes contributed to, (i) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (ii) a “multiple employer plan” (as defined in within the meaning of Section 4063 or Section 4064 of ERISA); or (iii) a defined benefit pension plan or plan subject to Section 302 of Title I of ERISA, Section 412 of the Code or Title IV of ERISA; or (iv) a “multiple employer welfare arrangement” within the meaning of Section 3(40) of ERISA.

Appears in 1 contract

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

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