Common use of Funding Status Clause in Contracts

Funding Status. Except as set forth in Schedule 3.13, no accumulated funding deficiency (within the meaning of Section 412 of the Code), whether waived or unwaived, exists with respect to any Employee Benefit Plan or any plan sponsored by any member of a controlled group (within the meaning of Section 412(n)(6)(B) of the Code) in which the Company is a member (a "Controlled Group"). Except as set forth in Schedule 3.13, with respect to each Employee Benefit Plan subject to Title IV of ERISA, the assets of each such plan are at least equal in value to the present value of accrued benefits determined on an ongoing basis as of the date hereof. With respect to each Employee Benefit Plan funded as described in Section 501(c)(9) of the Code, the assets of each such plan are at least equal in value to the present value of accrued benefits, based upon the most recent actuarial valuation as of a date no more than 90 days prior to the date hereof. Schedule 3.13 contains a complete and accurate statement of all actuarial assumptions applied to determine the present value of accrued benefits under all Employee Benefit Plans subject to actuarial assumptions.

Appears in 4 contracts

Samples: Business Purchase Agreement (American Medical Providers Inc), Stock Purchase Agreement (American Medical Providers Inc), Stock Purchase Agreement (American Medical Providers Inc)

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Funding Status. Except as set forth in Schedule 3.135.19(g), no accumulated funding deficiency (within the meaning of Section 412 of the Code), whether waived or unwaived, exists with respect to any Employee Benefit Plan or any plan sponsored by any member of a controlled group (within the meaning of Section 412(n)(6)(B) of the Code) in which the Company Seller is a member (a "Controlled Group"). Except as set forth in Schedule 3.135.19(g), with respect to each Employee Benefit Plan subject to Title IV of ERISA, the assets of each such plan are at least equal in value to the present value of accrued benefits determined on an ongoing basis as of the date hereof. With respect to each Employee Benefit Plan funded as described in Section 501(c)(9) of the Code, the assets of each such plan are at least equal in value to the present value of accrued benefits, based upon the most recent actuarial valuation as of a date no more than 90 ninety (90) days prior to the date hereof. Schedule 3.13 5.19(g) contains a complete and accurate statement of all actuarial assumptions applied to determine the present value of accrued benefits under all Employee Benefit Plans subject to actuarial assumptions.

Appears in 4 contracts

Samples: Asset Purchase Agreement (American Physician Partners Inc), Asset Purchase Agreement (American Physician Partners Inc), 7 Asset Purchase Agreement (American Physician Partners Inc)

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Funding Status. Except as set forth in Schedule 3.135.19(g) attached hereto, no accumulated funding deficiency (within the meaning of Section 412 of the Code), whether waived or unwaived, exists with respect to any Employee Benefit Plan or any plan sponsored by any member of a controlled group (within the meaning of Section 412(n)(6)(B) of the Code) in which the Company Seller is a member (a "Controlled Group"). Except as set forth in Schedule 3.135.19(g), with respect to each Employee Benefit Plan subject to Title IV of ERISA, the assets of each such plan are at least equal in value to the present value of accrued benefits determined on an ongoing basis as of the date hereof. With respect to each Employee Benefit Plan funded as described in Section 501(c)(9) of the Code, the assets of each such plan are at least equal in value to the present value of accrued benefits, based upon the most recent actuarial valuation as of a date no more than 90 ninety (90) days prior to the date hereof. Schedule 3.13 5.19(g) contains a complete and accurate statement of all actuarial assumptions applied to determine the present value of accrued benefits under all Employee Benefit Plans subject to actuarial assumptions.

Appears in 1 contract

Samples: 6 Asset Purchase Agreement (American Physician Partners Inc)

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