Common use of No Pension or Welfare Plans Clause in Contracts

No Pension or Welfare Plans. Neither Nova nor any Nova ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Nova Employee Plan which is an “employee pension benefit plan,” within the meaning of Section 3(2) of ERISA (“Pension Plan”) and is subject to Title IV of ERISA or Section 412 of the Code, (ii) Pension Plan which is a “multiemployer plan,” as defined in Section 3(37) of ERISA, (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 Nova Employee Plan provides health benefits that are not fully-insured through an insurance contract.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Scansoft Inc), Agreement and Plan of Merger (Scansoft Inc), Agreement and Plan of Merger (Nuance Communications)

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No Pension or Welfare Plans. Neither Nova Novadigm nor any Nova Novadigm ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Nova Novadigm Employee Plan which is an "employee pension benefit plan," within the meaning of Section 3(2) of ERISA (“Pension Plan”"PENSION PLAN") and is subject to Title IV of ERISA or Section 412 of the Code, (ii) Pension Plan which is a "multiemployer plan," as defined in Section 3(37) of ERISA, (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 Nova Novadigm Employee Plan provides health benefits that are not fully-fully insured through an insurance contract.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Novadigm Inc)

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No Pension or Welfare Plans. Neither Nova Novadigm nor any Nova Novadigm ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Nova Novadigm Employee Plan which is an “employee pension benefit plan,” within the meaning of Section 3(2) of ERISA (“Pension Plan) and is subject to Title IV of ERISA or Section 412 of the Code, (ii) Pension Plan which is a “multiemployer plan,” as defined in Section 3(37) of ERISA, (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 Nova Novadigm Employee Plan provides health benefits that are not fully-fully insured through an insurance contract.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Hewlett Packard Co)

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