Common use of Multiemployer Plan Clause in Contracts

Multiemployer Plan. “Multiemployer Plan” shall mean any “multiemployer plan” as defined in Section 4001(a)(3) of ERISA, which the Company or any of its Subsidiaries contributes to, or has an obligation to contribute to, which covers any current or former employee of the Company or any of its Subsidiaries.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Alliance Data Systems Corp), Agreement and Plan of Merger (Panolam Industries International Inc)

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Multiemployer Plan. “Multiemployer Plan” shall mean any “multiemployer plan,” as defined in Section 3(37) or 4001(a)(3) of ERISA, which the Company any Seller or any of its Subsidiaries ERISA Affiliate maintains, administers, contributes to, to or has an obligation is required to contribute to, or maintained, administered, contributed to or was required to contribute to, or under which covers any current or former employee of the Company Seller or any of its SubsidiariesERISA Affiliate has or may have any Liability.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Sigmatel Inc), Sale and Purchase Agreement (Silicon Laboratories Inc)

Multiemployer Plan. “Multiemployer Plan” shall mean any “multiemployer plan,” as defined in Section 4001(a)(3) of ERISA, (A) which the Company Seller maintains, administers, contributes or any of its Subsidiaries contributes to, or has an obligation is required to contribute to, to and (B) which covers any current employee or former employee of the Company Seller or any of its Subsidiaries.

Appears in 2 contracts

Samples: Asset Purchase Agreement (UCI Holdco, Inc.), Asset Purchase Agreement (United Components Inc)

Multiemployer Plan. “Multiemployer Plan” shall mean any “multiemployer plan” as defined in Section 4001(a)(3) of ERISA, which the Company or any of its Subsidiaries contributes to, or has in the last six years had an obligation to contribute to, which covers any current or former employee of the Company or any of its Subsidiaries.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Rexnord Corp)

Multiemployer Plan. Xxxxxx Multiemployer Plan” shall mean means any “multiemployer plan,” as defined in Section 3(37) or 4001(a)(3) of ERISA, which is now or was within the Company past six years, maintained, administered, contributed to or any of its Subsidiaries contributes to, or has an obligation required to contribute to, which covers any current or former employee of the Company be contributed to by Xxxxxx or any of its Subsidiaries, or under which any such entity may incur any liability.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Vought Aircraft Industries Inc)

Multiemployer Plan. Multiemployer Plan" shall mean any "multiemployer plan," as defined in Section 4001(a)(3) of ERISA, which the Company Seller, Partnership or any of its Subsidiaries ERISA Affiliate maintains, administers, contributes to, to or has an obligation is required to contribute to, or, after September 25, 1980, maintained, administered, contributed to or was required to contribute to, or under which Seller, Partnership or any ERISA Affiliate may incur any liability and which covers any current employee or former employee of the Company Seller, Partnership or any of its SubsidiariesERISA Affiliate.

Appears in 1 contract

Samples: Asset Purchase Agreement (Chancellor Media Mw Sign Corp)

Multiemployer Plan. Multiemployer Plan" shall mean any ------------------ "multiemployer plan," as defined in Section 4001(a)(3) of ERISA, (A) which the Company or any of its Subsidiaries ERISA Affiliate maintains, administers, contributes to, to or has an obligation is required to contribute to, or, after September 25, 1980, maintained, administered, contributed to or was required to contribute to, or under which the Company or any ERISA Affiliate may incur any liability and (B) which covers any current employee or former employee of the Company or any of its SubsidiariesERISA Affiliate (with respect to their relationship with such entities).

Appears in 1 contract

Samples: Stock Purchase Agreement (Mercury General Corp)

Multiemployer Plan. Multiemployer Plan" shall mean any "multiemployer plan," as defined in Section 4001(a)(3) of ERISA, (A) which the Company any Entity or any of its Subsidiaries ERISA Affiliate maintains, administers, contributes to, to or has an obligation is required to contribute to, or, after September 25, 1980, maintained, administered, contributed to or was required to contribute to, or under which any Entity or any ERISA Affiliate may incur any Liability and (B) which covers any current employee or former employee of the Company any Entity or any of its SubsidiariesERISA Affiliate (with respect to their relationship with such Entities).

Appears in 1 contract

Samples: Purchase Agreement (Coram Healthcare Corp)

Multiemployer Plan. Multiemployer Plan" shall mean any "multiemployer plan," as defined in Section 4001(a)(34001 (a)(3) of ERISA, (A) which the Company Company, its Subsidiary or any of its Subsidiaries ERISA Affiliate maintains, administers, contributes to, to or has an obligation is required to contribute to, or, within the five years prior to the Closing Date, maintained, administered, contributed to or was required to contribute to, or under which covers any current or former employee of the Company Company, its Subsidiary or any of its SubsidiariesERISA Affiliate may incur any liability.

Appears in 1 contract

Samples: Stock Purchase Agreement (Lois/Usa Inc)

Multiemployer Plan. Multiemployer Plan" shall mean any "multiemployer plan," as defined in Section SECTION 4001(a)(3) of ERISA, which the Company or any of its Subsidiaries ERISA Affiliate maintains, administers, contributes to, to or has an obligation is required to contribute to, which covers any current or former employee of the Company or any of its Subsidiaries.

Appears in 1 contract

Samples: Stock Purchase Agreement (Primark Corp)

Multiemployer Plan. Multiemployer Plan" shall mean any “multiemployer plan” "Multiemployer Plan," as defined in Section 4001(a)(3) of ERISA, (A) which the Company or any of its Subsidiaries ERISA Affiliate maintains, administers, contributes to, to or has an obligation is required to contribute to, or, after September 25, 1980, maintained, administered, contributed to or was required to contribute to, or under which the Company or any ERISA Affiliate may incur any liability and (B) which covers any current employee or former employee of the Company or any of its SubsidiariesERISA Affiliate (with respect to their relationship with such entities).

Appears in 1 contract

Samples: Securities Purchase and Sale Agreement (Jones Apparel Group Inc)

Multiemployer Plan. “Multiemployer Plan” shall mean any “means a multiemployer plan” as defined in plan within the meaning of Section 4001(a)(33(37) of ERISA, ERISA with respect to which the Company MMG or any of its Subsidiaries contributes to, or ERISA Affiliate has an obligation to contribute to, which covers any current or former employee has or could have withdrawal liability under Section 4201 of the Company or any of its SubsidiariesERISA.

Appears in 1 contract

Samples: Purchase Agreement (Manitowoc Co Inc)

Multiemployer Plan. Multiemployer Plan" shall mean any ------------------ "multiemployer plan," as defined in Section 4001(a)(3) of ERISA, (A) which the Company Seller or any of its Subsidiaries ERISA Affiliate maintains, administers, contributes to, to or has an obligation is required to contribute to, or, after September 25, 1980, maintained, administered, contributed to or was required to contribute to, or under which Seller or any ERISA Affiliate may incur any Liability and (B) which covers any current employee or former employee of the Company Seller or any of its SubsidiariesERISA Affiliate (with respect to their relationship with such entities).

Appears in 1 contract

Samples: Asset Purchase Agreement (Fays Inc)

Multiemployer Plan. “Multiemployer Plan” shall mean any “multiemployer plan,” as defined in Section 3(37) or 4001(a)(3) of ERISA, which the Company Seller maintains, administers, contributes to or any of its Subsidiaries contributes is required to contribute to, or has an obligation maintained, administered, contributed to or was required to contribute to, which covers any current or former employee of the Company or any of its Subsidiaries.

Appears in 1 contract

Samples: Asset Purchase Agreement (Enzo Biochem Inc)

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Multiemployer Plan. “Multiemployer Plan” shall mean any “multiemployer plan,” as defined in Section 3(37) or 4001(a)(3) of ERISA, which the Company Seller or any of its Subsidiaries ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or has an obligation maintained, administered, contributed to or was required to contribute to, or under which covers any current or former employee of the Company Seller or any of its SubsidiariesERISA Affiliate has or may incur any liability or obligation.

Appears in 1 contract

Samples: Asset Purchase Agreement (Nextera Enterprises Inc)

Multiemployer Plan. “Multiemployer Plan” shall mean any “multiemployer plan,” as defined in Section 3(37) or 4001(a)(3) of ERISA, which the Company Seller or any of its Subsidiaries ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or has an obligation maintained, administered, contributed to or was required to contribute to, or under which covers Seller or any current ERISA Affiliate or former employee either of the Company Affiniti Companies has or may incur any of its SubsidiariesLiability.

Appears in 1 contract

Samples: Stock and Asset Purchase Agreement (Enzo Biochem Inc)

Multiemployer Plan. Multiemployer Plan" shall mean any "multiemployer plan," as defined in Section 4001(a)(3) of ERISA, ERISA (A) which any of the Company Companies or any of its Subsidiaries ERISA Affiliate maintains, administers, contributes to, to or has an obligation is required to contribute to, or, after September 25, 1980, maintained, administered, contributed to or was required to contribute to, or under which any of the Companies, or any ERISA Affiliate, may incur any liability and (B) which covers any current employee or former employee employee, officer, director or agent of the Company or any of its SubsidiariesERISA Affiliate.

Appears in 1 contract

Samples: Asset Purchase Agreement (Semx Corp)

Multiemployer Plan. Multiemployer Plan" shall mean any "multiemployer plan," as defined in Section 4001(a)(3) of ERISA, ERISA (A) which the Company Company, or any of its Subsidiaries ERISA Affiliate maintains, administers, contributes to, to or has an obligation is required to contribute to, or, after September 25, 1980, maintained, administered, contributed to or was required to contribute to, or under which the Company, or any ERISA Affiliate may incur any liability and (B) which covers any current employee or former employee employee, officer, director or agent of the Company Company, or any of its SubsidiariesERISA Affiliate.

Appears in 1 contract

Samples: Asset Purchase Agreement (Lillian Vernon Corp)

Multiemployer Plan. Multiemployer Plan" shall mean any "multiemployer plan," as defined in Section 4001(a)(3) of ERISA, (1) which the Company AEL or any of its Subsidiaries ERISA Affiliate maintains, administers, contributes to, to or has an obligation is required to contribute to, to and (2) which covers any current employee or former employee of the Company AEL or any of its SubsidiariesERISA Affiliate (with respect to their relationship with such entities).

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Ael Industries Inc)

Multiemployer Plan. Multiemployer Plan" shall mean any "multiemployer plan," as defined in Section 3(37) or 4001(a)(3) of ERISA, (A) which the Company Company, any Subsidiary of the Company, or any of its Subsidiaries ERISA Affiliate maintains, administers, contributes to, to or has an obligation is required to contribute to, or, prior to the Closing Date, maintained, administered, contributed to or was required to contribute to, or (B) under which covers the Company, any current or former employee Subsidiary of the Company Company, or any of its SubsidiariesERISA Affiliate has incurred or may incur any liability.

Appears in 1 contract

Samples: Merger Agreement (Galvestons Steakhouse Corp)

Multiemployer Plan. “Multiemployer Plan” shall mean any “multiemployer plan,” as defined in Section 4001(a)(3) of ERISA, (A) to which the Company Holdings or any of its Subsidiaries maintains, administers, contributes to, or has an obligation is required to contribute to, and (B) which covers any current or former employee employees, consultants, or directors of the Company Holdings or any of its SubsidiariesSubsidiaries or their beneficiaries or dependents (with respect to their relationship with such entities).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Horizon Lines, Inc.)

Multiemployer Plan. Multiemployer Plan" shall mean any "multiemployer plan," as defined in Section 4001(a)(3) of ERISA, (A) which the Company Seller maintains, administers, contributes to or any of its Subsidiaries contributes to, or has an obligation is required to contribute to, to (B) which covers any current employee or former employee of the Company or any of its SubsidiariesSeller (with respect to their relationship with Seller).

Appears in 1 contract

Samples: Asset Purchase Agreement (Del Monte Foods Co)

Multiemployer Plan. Multiemployer Plan" shall mean any "multiemployer plan," as defined in Section 4001(a)(3) of ERISA, (A) to which the Company SPD or any of its Subsidiaries ERISA Affiliate maintains, administers, contributes to, or is required to contribute or has an obligation any liability with respect to contribute to, and (B) which covers any current employee or former employee of the Company SPD or any of its SubsidiariesERISA Affiliate (with respect to their relationship with such entities).

Appears in 1 contract

Samples: Agreement and Plan of Merger (L 3 Communications Corp)

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