Plans Maintained. Except as provided in Schedule 5.18(i) with respect to clause (i) below or in Schedule 5.18(ii) with respect to clauses (ii) and (iii) below, no Co-Borrower is, and no Controlled Group member is, a party to, contributes to or is currently obligated to contribute to any plans, programs, agreements, policies, commitments or other arrangements (whether or not set forth in a written document) in the following categories: (i) Any funded employee pension benefit plan subject to Title IV of ERISA, including (without limitation) any Multiemployer Plan, (ii) Any material retiree health care plan other than COBRA (as described in Section 5.18(g) 55 below) and any material retiree life insurance plan, and (iii) Any material plan that is an excess benefit plan or a "top hat" plan, as defined in section 3(36) or section 301(a) (3) of ERISA, and is unfunded, as described in section 4(b) (5) or section 301(a) (3) of ERISA.
Appears in 1 contract
Plans Maintained. Except as provided in Schedule 5.18(i) with respect to clause (i) below or in Schedule 5.18(ii) with respect to clauses (ii) and (iii) below, no Co-Borrower is, and no Controlled Group member is, a party to, contributes to or is currently obligated to contribute to any plans, programs, agreements, policies, commitments or other arrangements (whether or not set forth in a written document) in the following categories:
(i) Any funded employee pension benefit plan subject to Title IV of ERISA, including (without limitation) any Multiemployer Plan,
(ii) Any material retiree health care plan other than COBRA (as described in Section SECTION 5.18(g) 55 below) and any material retiree life insurance plan, and
(iii) Any material plan that is an excess benefit plan or a "top hat" plan, as defined in section 3(36) or section 301(a) (3) of ERISA, and is unfunded, as described in section 4(b) (5) or section 301(a) (3) of ERISA.
Appears in 1 contract