Certain Types of Plans. Except as set forth on Schedule 5.12(e), no U.S. Employee Plan is a “defined benefit plan” as defined in Section 3(35) of ERISA that is subject to Title IV or Section 302 of ERISA or Section 412 of the Code, a “multiemployer plan” as defined in Section 3(37) of ERISA or a “multiple employer plan” within the meaning of Section 210(a) of ERISA or Section 413(c) of the Code.
Certain Types of Plans. (i) None of the Company Plans is a Multiemployer Plan, a multiemployer welfare plan, a multiple employer plan within the meaning of Code Section 413(c); and (ii) neither the Company nor its Subsidiaries have sponsored, maintained or contributed to, or otherwise could have any liability with respect to, any Benefit Plan subject to Title IV of ERISA.
Certain Types of Plans. Neither Seller nor any ERISA Affiliate have at any time sponsored, contributed to or been obligated under Title I or Title IV of ERISA to contribute to a “defined benefit plan” (as defined in ERISA Section 3(35)) or to a “multiple employer plan” within the meaning of ERISA. Neither Seller nor any ERISA Affiliate of Seller have or have ever had an “obligation to contribute” (as defined in ERISA Section 4212) to a “multiemployer plan” (as defined in ERISA Sections 4001(a)(3) and 3(37)(A)) or incurred a “complete or partial withdrawal” (as defined in ERISA Sections 4203 and 4205). With respect to any Employee Benefit Plan that is an employee welfare benefit plan, whether or not subject to ERISA, no such Employee Benefit Plan is unfunded, funded through a “welfare benefit fund” (as defined in Code Section 419(e)) or self-insured, and all such Employee Benefit Plans may be amended, modified, or terminated at any time by Sellers without liability.
Certain Types of Plans. No Assumed Plan is subject to Title IV of ERISA or Section 412 of the Code (other than the Seller’s Pension Plan) or is a “multiple employer plan” (within the meaning of Section 4063 or 4064 of ERISA). Section 3.17(b) of the Disclosure Schedule lists each Assumed Plan that provides for continuing health, medical, dental, disability, hospitalization or life insurance benefits or coverage for any current or former Business Employee following retirement or other termination of employment except as may be required under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended, or any other similar applicable Law. Except to the extent otherwise provided under any Labor Agreement, each such Assumed Plan may be amended, modified or terminated at any time, in each case, without material liability to the Purchaser or its Affiliates on or at any time after the Closing.
