Common use of IDENTIFIED Clause in Contracts

IDENTIFIED. PLAN ASSETS -- that is comprised of employee benefit plans identified by you in writing and with respect to which the Company hereby warrants and represents that, as of the Closing Date, neither the Company nor any ERISA Affiliate is a "party in interest" (as defined in section 3 of ERISA) or a "disqualified person" (as defined in section 4975 of the Code) with respect to any plan so identified; or

Appears in 1 contract

Samples: Securities Purchase Agreement (Able Telcom Holding Corp)

IDENTIFIED. PLAN ASSETS -- that is comprised of employee benefit plans identified by you in writing and with respect to which the Company hereby warrants and represents that, as of the Closing Datedate of Closing, neither the Company nor any ERISA Affiliate is a "party in interest" (as defined in section 3 of ERISA) or a "disqualified person" (as defined in section 4975 of the Code) with respect to any plan so identified; or

Appears in 1 contract

Samples: Note Purchase Agreement (Smucker J M Co)

IDENTIFIED. PLAN ASSETS -- - that is comprised of employee benefit plans identified by you such Purchaser in writing and with respect to which the Company Issuers hereby warrants warrant and represents represent that, as of the Closing Date, neither the Company Issuers nor any ERISA Affiliate is a "party in interest" (as defined in section 3 of ERISA) or a "disqualified person" (as defined in section 4975 of the Code) with respect to any plan so identified; or

Appears in 1 contract

Samples: Securities Purchase Agreement (Questron Technology Inc)

IDENTIFIED. PLAN ASSETS -- that is comprised of employee benefit plans identified by you in writing and with respect to which the Company hereby warrants and represents that, as of the each Closing Date, neither the Company nor any ERISA Affiliate is a "party in interest" (as defined in section 3 of ERISA) or a "disqualified person" (as defined in section 4975 of the Code) with respect to any plan so identified; or

Appears in 1 contract

Samples: Securities Purchase Agreement (Fresh America Corp)

IDENTIFIED. PLAN ASSETS -- that is comprised of employee benefit plans identified by you in writing and with respect to which the Company and the Parent hereby warrants warrant and represents represent that, as of the Closing Date, neither the Company Obligors nor any ERISA Affiliate is a "party in interest" (as defined in section 3 of ERISA) or a "disqualified person" (as defined in section 4975 of the Code) with respect to any plan so identified; or

Appears in 1 contract

Samples: Note and Stock Purchase Agreement (Niagara Corp)

IDENTIFIED. PLAN ASSETS -- - that is comprised of employee benefit plans identified by you in writing and with respect to which the Company hereby warrants and represents that, as of the Closing Date, neither the Company nor any ERISA Affiliate is a "party in interest" (as defined in section 3 of ERISA) or a "disqualified person" (as defined in section 4975 of the Code) with respect to any plan so identified; or

Appears in 1 contract

Samples: Securities Purchase Agreement (Fresh America Corp)