Common use of No Pension or Welfare Plans Clause in Contracts

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; (ii) Multiemployer Plan; (iii) “multiple employer plan” as defined in ERISA or the Code; or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Ligand Pharmaceuticals Inc), Agreement and Plan of Merger (Volcano Corp), Agreement and Plan of Merger (Volcano Corp)

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No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; , (ii) Multiemployer Plan; , (iii) “multiple iii)"multiple employer plan" as defined in ERISA or the Code; , or (iv) a "funded welfare plan" within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 4 contracts

Samples: Agreement and Plan of Reorganization (Biomira Inc), Agreement and Plan of Reorganization (Oncothyreon Inc.), Agreement and Plan of Reorganization (Biomira CORP)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; (ii) Multiemployer Plan; (iii) “multiple employer plan” as defined in ERISA Code or the Code; or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 4 contracts

Samples: Merger Agreement (Aptalis Holdings Inc.), Agreement and Plan of Merger (Pegasystems Inc), Merger Agreement (Aptalis Pharma Inc)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; , (ii) Multiemployer Plan; , (iii) “multiple employer plan” as defined in ERISA or the Code; , or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Solarcity Corp), Stock Purchase Agreement (SolarWinds, Inc.), Agreement and Plan of Merger (Polycom Inc)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, in or contributed to, to any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; (ii) Multiemployer Plan; (iii) “multiple employer plan” as defined in ERISA or the Code; or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Nabriva Therapeutics PLC), Agreement and Plan of Merger (Aratana Therapeutics, Inc.)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, or could have any obligation to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; , or (ii) Multiemployer Plan; (iii) “multiple employer plan” as defined in ERISA or the Code; or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. Neither the Company nor any Company subsidiary or ERISA Affiliate has incurred or expects to incur any liability under Title IV of ERISA or Section 412 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Tippingpoint Technologies Inc), Agreement and Plan of Merger (3com Corp)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; (ii) Multiemployer Plan; (iii) “multiple employer plan” as defined in ERISA or the Code; or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract, and each such insured plan is grandfathered under the Patient Protection and Affordable Care Act.

Appears in 1 contract

Samples: Agreement and Plan of Merger (HMS Holdings Corp)

No Pension or Welfare Plans. Neither the Company Fiberxon nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; , (ii) Multiemployer Plan; , (iii) multiple employer plan” as defined in ERISA or the Code; , or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Fiberxon Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Agreement and Plan of Merger (MRV Communications Inc)

No Pension or Welfare Plans. Neither the Company nor any Company ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; , (ii) Multiemployer Plan; , (iii) “multiple employer plan” as defined in ERISA or the Code; , or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Omeros Corp)

No Pension or Welfare Plans. Neither the Company Brista nor any of its ERISA Affiliate Affiliates has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; (ii) Multiemployer Plan; (iii) “multiple employer plan” as defined in ERISA or the Code; or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Brista Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Brista Corp.)

No Pension or Welfare Plans. Neither the The Company nor any ERISA Affiliate has ever not, with respect to an Employee, maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is Plans subject to Title IV of ERISA or Section 412 of the Code; ERISA, (ii) Multiemployer Plan; "multiemployer plan" within the meaning of Section (3)(37) of ERISA or (iii) a "multiple employer plan" as defined in ERISA or the Code; , or (iv) a "funded welfare plan" within the meaning of Section 419 of the Code. No Company Employee Benefit Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Voting Agreement (Realnetworks Inc)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, or could have any obligation to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; , or (ii) Multiemployer Plan; (iii) “multiple employer plan” as defined in ERISA or the Code; or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Neither the Company nor any Company subsidiary or ERISA Affiliate has incurred or expects to incur any liability under Title IV of ERISA or Section 412 of the Code. Except as set forth on Schedule 2.11 (e), no Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Reptron Electronics Inc)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; (ii) Multiemployer Plan; (iii) “multiple employer plan” as defined in ERISA or the Code; or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.or

Appears in 1 contract

Samples: Agreement and Plan of Merger (Volcano Corp)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, contributed to or contributed incurred any liability with respect to, any any: (i) employee pension benefit plan within the meaning of Section 3(2) of ERISA (each, a “Pension Plan which Plan”) that is subject to Title IV of ERISA or Section 412 of the Code; (ii) Multiemployer Plan; (iii) “multiple employer plan” as defined in ERISA or the Code; or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Merit Medical Systems Inc)

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No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, contributed to or contributed been required to contribute to, any (i) Pension Plan which is subject to Title IV of ERISA or the minimum funding standards of Section 412 of the Code; IRC, (ii) Multiemployer Plan; , (iii) multiple employer plan” as defined in ERISA or the Code; IRC, or (iv) a “funded welfare plan” within the meaning of Section 419 of the CodeIRC. No Company Employee Plan provides health benefits that are not fully insured through an insurance contractContract.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sybase Inc)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; , (ii) Multiemployer Plan; , (iii) “multiple employer plan” as defined in ERISA or the Code; , or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Insightful Corp)

No Pension or Welfare Plans. Neither the Company Asiya nor any of its ERISA Affiliate Affiliates has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; (ii) Multiemployer Plan; (iii) “multiple employer plan” as defined in ERISA or the Code; or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Asiya Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Asiya Pearls, Inc.)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, or could have any obligation to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; , or (ii) Multiemployer Plan; (iii) “multiple employer plan” as defined in ERISA or the Code; or (iv) a “"funded welfare plan" within the meaning of Section 419 of the Code. No Neither the Company nor any Company subsidiary or ERISA Affiliate has incurred or expects to incur any liability under Title IV of ERISA or Section 412 of the Code. Except as set forth on Schedule 2.11 (e), no Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Kimball International Inc)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, in or contributed to, any (i) Pension Plan which is Plans subject to Title IV of ERISA or Section 412 of the Code; , (ii) Multiemployer Plan; “multiemployer plan” within the meaning of Section (3)(37) of ERISA, (iii) a “multiple employer plan” as defined in ERISA or the Code; , or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Netscreen Technologies Inc)

No Pension or Welfare Plans. Neither the The Company nor any ERISA Affiliate has not ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; , (ii) Multiemployer Plan; , (iii) “multiple employer plan” as defined in ERISA or the Code; , or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Sonic Innovations Inc)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; , (ii) Multiemployer Plan; , (iii) multiple employer plan” as defined in ERISA or the Code; , or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sirenza Microdevices Inc)

No Pension or Welfare Plans. Neither None of the Company nor or any of its ERISA Affiliate Affiliates has ever maintained, established, sponsored, participated in, or contributed to, or in the past has been required to contribute to, any (i) Company Pension Plan which is subject to Title IV of ERISA or Section 412 of the Code; , (ii) Multiemployer Plan; , (iii) "multiple employer plan" as defined in ERISA or the Code; , or (iv) a "funded welfare plan" within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract.

Appears in 1 contract

Samples: Agreement and Plan of Merger (CarePayment Technologies, Inc.)

No Pension or Welfare Plans. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan which that is subject to Title IV of ERISA or Section 412 of the Code; (ii) Multiemployer Plan; (iii) “multiple employer plan” as defined in ERISA or the Code; or (iv) a “funded welfare plan” within the meaning of Section 419 of the Code. No Company Employee Plan provides health benefits that are not fully insured through an insurance contract. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in or contributed to any self-insurance plan.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Solarcity Corp)

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