Common use of Controlled Group Liability Clause in Contracts

Controlled Group Liability. Neither Solair nor any entity that would be aggregated with it under Code Section 414(b), (c), (m) or (o), (i), during the ten (10) year period ending on the Closing Date, has ever terminated or withdrawn from any employee benefit plan under circumstances resulting (or expected to result) in liability to the Pension Benefit Guaranty Corporation ("PBGC"), the fund by which the employee benefit plan is funded, or any employee or beneficiary for whose benefit the plan is or was maintained (other than routine claims for benefits); (ii) has any assets subject to (or expected to be subject to) a lien for unpaid contributions to any employee benefit plan; (iii) has failed to pay premiums to the PBGC when due; (iv) is subject to (or, to the knowledge of Solair or the Shareholder, will be subject to) an excise tax under Code Section 4971; (v) has engaged in any transaction which would give rise to liability under Section 4069 or Section 4212(c) of ERISA; or (vi) has violated Code Section 4980B or Section 601 through 608 of ERISA.

Controlled Group Liability. Neither Solair the Company, Reserve nor, to the best of their knowledge, R&M nor any entity that would be aggregated with it either of them under Code Section 414(b), (c), (m) or (o), ): (i), during the ten (10) year period ending on the Closing Date, has ever terminated or withdrawn from any an employee benefit plan under circumstances resulting (or expected to result) in liability to the Pension Benefit Guaranty Corporation ("PBGC"), the fund by which the employee benefit plan is funded, or any employee or beneficiary for whose benefit the plan is or was maintained (other than routine claims for benefits); (ii) has any assets subject to (or expected to be subject to) a lien for unpaid contributions to any employee benefit plan; (iii) has failed to pay premiums to the PBGC when due; (iv) is subject to (or, or expected to the knowledge of Solair or the Shareholder, will be subject to) an excise tax under Code Section 4971; (v) has engaged in any transaction which would give rise to liability under Section 4069 or Section 4212(c) of ERISA; or (vi) has violated in any material respect Code Section 4980B or Section 601 through 608 of ERISA.

Controlled Group Liability. Neither Solair the Company nor any entity that would be aggregated with it any Company under Code Section 414(b), (c), (m) or (o), ) (such entity being referred to as an "ERISA Affiliate"): (i), during the ten (10) year period ending on the Closing Date, has ever terminated or withdrawn from any an employee benefit plan under circumstances resulting (or expected to result) in liability to the Pension Benefit Guaranty Corporation ("PBGC"), the fund by which the employee benefit plan is funded, or any employee or beneficiary for whose benefit the plan is or was maintained (other than routine claims for benefits); (ii) has any assets subject to (or expected to be subject to) a lien for unpaid contributions to any employee benefit plan; (iii) has failed to pay premiums to the PBGC when due; (iv) is subject to (or, or expected to the knowledge of Solair or the Shareholder, will be subject tosubject) an excise tax under Code Section 4971; (v) has engaged in any transaction which would give rise to liability under Section 4069 or Section 4212(c) of ERISA; or (vi) has violated Code Section 4980B or Section 601 through 608 of ERISA.

Controlled Group Liability. Neither Solair nor The Fenn▇▇▇ ▇▇▇panies, or any entity that would be aggregated with it the Fenn▇▇▇ ▇▇▇panies under Code Section 414(b), (c), (m) or (o), ): (i), during the ten (10) year period ending on the Closing Date, has ever have never terminated or withdrawn from any an employee benefit plan under circumstances resulting (or expected to result) in liability to the Pension Benefit Guaranty Corporation ("PBGC"), the fund by which the employee benefit plan is funded, or any employee or beneficiary for whose benefit the plan is or was maintained (other than routine claims for benefits); (ii) has any have no assets subject to (or expected to be subject to) a lien for unpaid contributions to any employee benefit plan; (iii) has have not failed to pay premiums to the PBGC when due; (iv) is are not subject to (or, or expected to the knowledge of Solair or the Shareholder, will be subject to) an excise tax under Code Section 4971; (v) has have not engaged in any transaction which would give rise to liability under Section 4069 or Section 4212(c) of ERISA; or (vi) has have not violated Code Section 4980B or Section 601 through 608 of ERISA.

Controlled Group Liability. Neither Solair of the Companies nor any entity that would be aggregated with it the Companies under Code Section 414(b), (c), (m) or (o), ): (i), during the ten (10) year period ending on the Closing Date, has ever terminated or withdrawn from any an employee benefit plan under circumstances resulting (or expected to result) in liability to the Pension Benefit Guaranty Corporation ("PBGC"), the fund by which the employee benefit plan is funded, or any employee or beneficiary for whose benefit the plan is or was maintained (other than routine claims for benefits); (ii) has any assets subject to (or expected to be subject to) a lien for unpaid contributions to any employee benefit plan; (iii) has failed to pay premiums to the PBGC when due; (iv) is subject to (or, or expected to the knowledge of Solair or the Shareholder, will be subject to) an excise tax under Code Section 4971; (v) has engaged in any transaction which would give rise to liability under Section 4069 or Section 4212(c) of ERISA; or (vi) has violated Code Section 4980B or Section 601 through 608 of ERISA.

Controlled Group Liability. Neither Solair the Acquired Entity, nor any entity that would be aggregated with it the Acquired Entity under Code Section 414(b), (c), (m) or (o), ): (i), during the ten (10) year period ending on the Closing Date, has ever terminated or withdrawn from any an employee benefit plan under circumstances resulting (or expected to result) in liability to the Pension Benefit Guaranty Corporation ("PBGC"), the fund by which the employee benefit plan is funded, or any employee or beneficiary for whose benefit the plan is or was maintained (other than routine claims for benefits); ; (ii) has any assets subject to (or expected to be subject to) a lien for unpaid contributions to any employee benefit plan; ; (iii) has failed to pay premiums to the PBGC when due; ; (iv) is subject to (or, or expected to the knowledge of Solair or the Shareholder, will be subject tosubject) an excise tax under Code Section 4971; ; (v) has engaged in any transaction which would give rise to liability under Section 4069 or Section 4212(c) of ERISA; or (vi) has violated Code Section 4980B or Section 601 through 608 of ERISA.