Common use of Plan Contributions and Funding Clause in Contracts

Plan Contributions and Funding. Except as set forth on Section 4.16(d) of the Purchaser Disclosure Schedule or as would not reasonably be expected to have a Purchaser Material Adverse Effect: (i) all contributions, premiums or payments to each Purchaser Plan required by applicable Law or by the terms of such Purchaser Plan have been made on or before their due dates or, if applicable, accrued in accordance with normal accounting practices; (ii) the fair market value of the assets of each Purchaser Plan that is required to be funded, the liability of each insurer for any Purchaser Plan funded through insurance or the book reserve established for any Purchaser Plan, together with any accrued contributions, is sufficient to procure or provide for the accrued benefit obligations, as of the date of this Agreement, with respect to all participants in such Purchaser Plan according to the actuarial assumptions and valuations most recently used to determine employer contributions to such Purchaser Plan and no transaction contemplated by this Agreement shall cause such assets or insurance obligations to be less than such benefit obligations; and (iii) each Purchaser Plan required to be registered has been registered and has been maintained in good standing with applicable regulatory authorities.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Sina Corp), Asset Purchase Agreement (Focus Media Holding LTD), Asset Purchase Agreement (Focus Media Holding LTD)

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Plan Contributions and Funding. Except as set forth on Section 4.16(d3.17(d) of the Purchaser Seller Disclosure Schedule or as would not reasonably be expected to have a Purchaser Seller Material Adverse Effect: (i) all contributions, premiums or payments to each Purchaser Seller Plan required by applicable Law or by the terms of such Purchaser Seller Plan have been made on or before their due dates or, if applicable, accrued in accordance with normal accounting practices; (ii) the fair market value of the assets of each Purchaser Seller Plan that is required to be funded, the liability of each insurer for any Purchaser Seller Plan funded through insurance or the book reserve established for any Purchaser Seller Plan, together with any accrued contributions, is sufficient to procure or provide for the accrued benefit obligations, as of the date of this Agreement, with respect to all participants in such Purchaser Seller Plan according to the actuarial assumptions and valuations most recently used to determine employer contributions to such Purchaser Seller Plan and no transaction contemplated by this Agreement shall cause such assets or insurance obligations to be less than such benefit obligations; and (iii) each Purchaser Seller Plan required to be registered has been registered and has been maintained in good standing with applicable regulatory authorities.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Sina Corp), Asset Purchase Agreement (Focus Media Holding LTD), Asset Purchase Agreement (Sina Corp)

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