No 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; or (iii) is or was subject to the minimum funding standards of Section 412 of the Code or Section 302 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 Seller as a single employer within the meaning of Section 414 of the Code.
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Samples: Asset Purchase Agreement (Asyst Technologies Inc /Ca/), Asset Purchase Agreement (Aura Systems Inc)
No Plan. No Plan (i) provides or provided any benefit guaranteed by the Pension Benefit Guaranty CorporationCorporation (as described in ERISA); (ii) is or was a "“multiemployer plan" ” as defined in Section 4001(a)(3) of ERISA; or (iii) is or was subject to the minimum funding standards of Section 412 of the Code or Section 302 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 Seller Company as a single employer within the meaning of Section 414 of the Code.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Evolving Systems Inc), Acquisition Agreement (Evolving Systems Inc)
No Plan. No Company Employee Plan (i) provides or has provided any benefit guaranteed by the Pension Benefit Guaranty CorporationCorporation (as described in ERISA); (ii) is or was has ever been a "“multiemployer plan" ” as defined in Section 4001(a)(3) of ERISA; or (iii) is or was has ever been subject to the minimum funding standards of Section 412 of the Code or Section 302 of ERISA. There The Company is no Person that (by reason not and has never been a member of common control a controlled group or otherwise) is or has at any time been treated together with the Seller as considered a single employer under common control with any Person within the meaning of Section 414 of the CodeCode or Section 4001 of ERISA.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Evolving Systems Inc)
No 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; or (iii) is or was subject to the minimum funding standards of Section 412 of the Code or Section 302 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 Seller Speaking Roses as a single employer within the meaning of Section 414 of the Code.
Appears in 1 contract
Samples: Contribution Agreement (Millennium Electronics Inc)
No 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; or (iii) is or was subject to the minimum funding standards of Section 412 of the Code or Section 302 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 Seller Sellers as a single employer within the meaning of Section 414 of the Code.
Appears in 1 contract
