Common use of All Plans Clause in Contracts

All Plans. Welfare Plans and Employee Benefit Plans and any related trust agreements or annuity contracts comply with and are and have been operated in accordance with each applicable provision of ERISA, the Code (including, without limitation, the requirements of section 401(a) of the Code to the extent any Plan is intended to conform to that section), other federal statutes, state law (including, without limitation, state insurance law) and the regulations and rules promulgated pursuant thereto or in connection therewith. Neither Seller nor any ERISA Affiliate has any notice or knowledge of any violation of any of the foregoing by any Plan, Welfare Plan, or Employee Benefit Plan. Each Welfare Plan which is a group health plan (within the meaning of section 5000(b)(1) of the Code) complies with and has been maintained and operated in accordance with each of the requirements of section 162(k) of the Code as in effect for years beginning prior to 1989, section 4980B of the Code for years beginning after December 31, 1988 and Part 6 of Subtitle B of Title I of ERISA. A favorable determination as to the qualification under the Code of each of the Plans and each amendment thereto has been made by the IRS, each trust funding Welfare Plans or Plans is and has been tax-exempt and each Plan and related trust agreement remain qualified under the Code. Future compliance with the requirements of ERISA and the Code as in effect on the Closing Date and any collective bargaining agreements to which Seller or any ERISA Affiliate is subject or bound will not result in any increase in benefits under any Plan or any Welfare Plan.

Appears in 2 contracts

Sources: Asset Purchase Agreement (American Tonerserv Corp.), Asset Purchase Agreement (American Tonerserv Corp.)