No Pension Plan. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 9 contracts
Samples: Agreement and Plan of Reorganization (FireEye, Inc.), Agreement and Plan of Reorganization (Zovio Inc), Agreement and Plan of Reorganization (Zovio Inc)
No Pension Plan. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan that is subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Key Hospitality Acquisition CORP), Agreement and Plan of Merger (Services Acquisition Corp. International), Stock Purchase Agreement (Union Street Acquisition Corp.)
No Pension Plan. Neither None of the Company nor Company, any Subsidiary or any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Roku, Inc), Agreement and Plan of Reorganization (FireEye, Inc.), Agreement and Plan of Merger (FireEye, Inc.)
No Pension Plan. Neither the Company Company, any of its Subsidiaries nor any current or former ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Sun Microsystems, Inc.), Agreement and Plan of Merger (Storage Technology Corp), Agreement and Plan of Merger (Seebeyond Technology Corp)
No Pension Plan. Neither the Company Company, any of its Subsidiaries nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Advanced Digital Information Corp), Agreement and Plan of Merger (Harmonic Inc), Agreement and Plan of Merger (Harmonic Inc)
No Pension Plan. Neither None of the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 4 contracts
Samples: Agreement and Plan of Merger and Plan of Reorganization (Pacific Biosciences of California, Inc.), Agreement and Plan of Reorganization (Elastic N.V.), Agreement and Plan of Merger (Pluralsight, Inc.)
No Pension Plan. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, or has any liability with respect to any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (EnteroMedics Inc), Agreement and Plan of Merger (Select Comfort Corp), Agreement and Plan of Merger (EnteroMedics Inc)
No Pension Plan. Neither the Company Company, any of its Subsidiaries nor any current or former ERISA Affiliate has ever maintained, established, sponsored, participated in, in or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Broadcom Corp), Agreement and Plan of Merger (Cybersource Corp), Agreement and Plan of Merger (Visa Inc.)
No Pension Plan. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Merger Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Fusion-Io, Inc.), Agreement and Plan of Reorganization (Omniture, Inc.), Agreement and Plan of Merger and Reorganization (Supergen Inc)
No Pension Plan. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Company Employee Plan that is an “employee pension benefit plan,” within the meaning of Section 3(2) of ERISA (a “Pension Plan Plan”) subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA ERISA, or Section 412 of the Code.
Appears in 3 contracts
Samples: Membership Interest Purchase Agreement (Assure Holdings Corp.), Membership Interest Purchase Agreement (TRxADE HEALTH, INC), Membership Interest Purchase Agreement (TRxADE HEALTH, INC)
No Pension Plan. Neither the Company Company, nor any of its Subsidiaries nor any current or former ERISA Affiliate has ever maintained, established, sponsored, participated in, in or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Micron Technology Inc), Agreement and Plan of Merger (Lexar Media Inc), Agreement and Plan of Merger (Direct General Corp)
No Pension Plan. Neither None of the Company nor or any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (PagerDuty, Inc.), Agreement and Plan of Merger (Linkedin Corp)
No Pension Plan. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Internal Revenue Code.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Shanda Games LTD), Agreement and Plan of Merger (Spreadtrum Communications Inc)
No Pension Plan. Neither of the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Linkedin Corp), Agreement and Plan of Merger (Linkedin Corp)
No Pension Plan. Neither the Company Company, nor any of its Subsidiaries nor any current or former ERISA Affiliate has ever maintained, established, sponsored, participated in, in or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.. Table of Contents
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Excel Technology Inc), Agreement and Plan of Merger (Gsi Group Inc)
No Pension Plan. Neither In the Company preceding six (6) years, neither the Company, nor any of its Subsidiaries nor any current or former Company ERISA Affiliate has ever maintained, established, sponsored, participated in, in or contributed to, any Company Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Flextronics International Ltd.), Agreement and Plan of Merger (Solectron Corp)
No Pension Plan. Neither the Company Seller nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Sigmatel Inc), Sale and Purchase Agreement (Silicon Laboratories Inc)
No Pension Plan. Neither the Company Company, any of its Subsidiaries nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, in or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cap Gemini Sa), Agreement and Plan of Merger (Kanbay International Inc)
No Pension Plan. Neither None of the Company nor Company, any Subsidiary or any ERISA Affiliate currently maintains, sponsors, contributes to or has an obligation to contribute to, or has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 1 contract
No Pension Plan. Neither None of the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV or Section 302 of ERISA or Section 412 of the Code, and none of the assets of the Company or any ERISA Affiliate is, or may reasonably be expected to become, the subject of any lien arising under Section 303 of ERISA or Sections 430 or 436 of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Fulgent Genetics, Inc.)
No Pension Plan. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Company Employee Plan that is an “employee pension benefit plan,” within the meaning of Section 3(2) of ERISA subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 1 contract
No Pension Plan. Neither None of the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, 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) “funded welfare plan” within the meaning of Section 419 of the Code.
Appears in 1 contract
No Pension Plan. Neither the Company nor any ERISA other Affiliate has --------------- ever maintained, established, sponsored, participated in, or contributed to, any (i) Pension Plan subject to Part 3 of Subtitle B of Title I IV of ERISA, Title IV or (ii) "multiemployer plan" within the meaning of ERISA or Section 412 (3)(37) of the CodeERISA.
Appears in 1 contract
No Pension Plan. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Company Employee Plan or other plan that is an “employee pension benefit plan,” within the meaning of Section 3(2) of ERISA subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the CodeCode or similar provisions of Applicable Law.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Rocket Lab USA, Inc.)
No Pension Plan. Neither the Company nor any current or former ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, to any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 1 contract
No Pension Plan. Neither the Company Seller nor any of its ERISA Affiliate Affiliates maintains or has any obligation to contribute to, and neither Seller nor any of its ERISA Affiliates, has ever maintained, established, sponsored, participated in, or contributed to, any Pension Employee Plan which is an “employee pension benefit plan,” within the meaning of Section 3(2) of ERISA and which is subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 1 contract
No Pension Plan. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I that (i) is a “defined benefits plan” as defined in Section 3(35) of ERISA, or (ii) is subject to Title IV of ERISA or Section 412 of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Merger (COMMITTED CAPITAL ACQUISITION Corp)
No Pension Plan. Neither the Company Company, any of its Subsidiaries nor any current or former ERISA Affiliate has ever maintained, established, sponsored, participated in, in or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the CodeCode in the past six years.
Appears in 1 contract
No Pension Plan. Neither None of the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Procore Technologies, Inc.)
No Pension Plan. Neither of the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Merger (API Technologies Corp.)
No Pension Plan. Neither None of the Company nor Company, the Company’s Subsidiaries or any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Twilio Inc)
No Pension Plan. Neither None of the Company Company, any Subsidiary nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code.
Appears in 1 contract
No Pension Plan. Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan pension plan subject to Part 3 of Subtitle B of Title I of ERISA, Title IV of ERISA or Section 412 of the Code or has incurred or reasonably expects to incur any material Liability pursuant to Title I or Title IV of ERISA (including any Controlled Group Liability) or the penalty, excise Tax or joint and several liability provisions of the Code, whether contingent or otherwise.
Appears in 1 contract
No Pension Plan. Neither the Company Company, any of its Subsidiaries nor any ERISA Affiliate has ever maintained, established, sponsored, participated in, or contributed to, any Pension Plan subject to Part 3 of Subtitle B of Title I of ERISA, ERISA or Title IV of ERISA or Section 412 of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Merger (NMS Communications Corp)
