No Company Plan. (i) provides or provided any benefit guaranteed by the Pension Benefit Guaranty Corporation;
No Company Plan. (i) provides or has provided any benefit guaranteed by the Pension Benefit Guaranty Corporation (the “PBGC”); (ii) is or has been subject to the minimum funding standards of Section 412 of the Code or Section 4001(a)(3) and Section 302 of ERISA, or (iii) is or has been a “Multiemployer Plan” as defined in Section 3(37)(A) of ERISA. There is no Person that (by reason of common control or otherwise) is or has been treated together with Company as a single employer within the meaning of Section 414 of the Code.
No Company Plan. (i) obligates any Company or Company Subsidiary to pay separation, severance, termination or similar-type benefits solely or partially as a result of the transactions contemplated by this Agreement or the Ancillary Agreements; or (ii) obligates any Company or Company Subsidiary to make any payment or provide any benefit as a result of the transactions contemplated by this Agreement or the Ancillary Agreements. No Company Plan provides for or promises retiree medical benefits or disability or life insurance benefits, to any current or former Employee, officer, director or consultant of any Company or Company Subsidiary, other than as required by applicable Law.
No Company Plan. (i) provides or provided any benefit guaranteed by the Pension Benefit Guaranty Corporation; (ii) is or was a "multiemployer plan" as defined in Section 4001(a)(3) of ERISA; 15 16 (iii) is or was subject to the minimum funding standards of Section 412 of the Code, Section 4001(a)(3) of ERISA, or Section 302 of ERISA; or (iv) is or was a "Multi-employer Plan" as defined in Section 3(37)(A) of ERISA. There is no Person that (by reason of common control or otherwise) is or has at any time been treated together with the Company as a single employer within the meaning of Section 414 of the Code. (c) The Company has delivered or made available to Verio, with respect to each Current Benefit Plan and, to the extent specifically requested by Verio, each Past Benefit Plan, a current, accurate and complete copy of such Company Plan and all other documents with respect to which the administrator of such plan would be required to provide copies pursuant to Section 104(b)(4) of ERISA including without limitation, to the extent applicable, copies of the most recent (i) IRS determination letter and any outstanding request for a determination letter, (ii) Form 5500 series Annual Return/Report that may have been prepared, in draft or final form, with respect to the Plan Year Ending December 31, 1997, whether or not such form was actually filed with the Internal Revenue Service, (iii) with respect to any pension benefit plan, a comprehensive financial statement of plan assets held in the accompanying trust and statements of financial activity in the individual participant accounts for the Plan Year Ending December 31, 1997, including the fair market value of assets as of December 31, 1997, (iv) attorney's response to auditor's request for information; (v) collective bargaining agreements or other supplemental agreements relating thereto; (vi) letter ruling and any outstanding request for a letter ruling with regard to any aspect of a Company Plan; and (vii) general notification to employees of their rights under Section 4980B(f)(6) of the Code and form of letter(s) distributed upon the occurrence of a qualifying event described in Section 4980B(f)(3) of the Code, in the case of a Company Plan that is a "group health plan" as defined in Section 4980B(g)(2) of the Code. (d) Each Current Benefit Plan maintained by the Company is being operated and administered in compliance with the provisions thereof, and each Company Plan maintained by the Company has at all times been operat...
