Title IV Plans. With respect to each Pension Benefit Plan which is subject to the provisions of Title IV of ERISA in which the Company (for purposes of this subsection the Company shall include each trade or business, whether or not incorporated, which is a member of a group of which the Company is a member and which is under common control within the meaning of Section 414 of the Code and the regulations thereunder) participates or has participated, (i) the Company has not withdrawn from such Pension Benefit Plan during a plan year in which it was a "substantial employer" (as defined in Section 4001(a) (2) of ERISA), (ii) the Company has not completely or partially withdrawn from a Pension Benefit Plan that is a multiemployer plan, and the liability to which the Company would become subject under ERISA if the Company were to withdraw completely from all multiemployer plans in which it currently participates is not in excess of $5,000 as of the most recent valuation date applicable thereto, (iii) the Company has not filed a notice of intent to terminate any such Pension Benefit Plan or adopted any amendment to treat such Pension Benefit Plan as terminated, (iv) the Pension Benefit Guaranty Corporation has not instituted proceedings to terminate any such Pension Benefit Plan, (v) no other event or condition has occurred that might constitute grounds under Section 4042 of ERISA for the termination of, or the appointment of a Trustee to administer, any such Pension Benefit Plan, (vi) all required premium payments to the Pension Benefit Guaranty Corporation have been paid when due, and (vii) no "reportable event" (as described in Section 4043 of ERISA and the regulations thereunder) has occurred with respect to said Pension Benefit Plan.
Title IV Plans. Except as specifically identified in Schedule 3.1(s) hereto, the Company does not have, and has not at any time previously maintained, a plan subject to Title IV of ERISA.
Title IV Plans. No Plan is a "single employer plan" within the meaning of Section 4001(a)(15) of ERISA or a "multiemployer plan" within the meaning of Section 3(37) of ERISA. Neither Company, nor any ERISA Affiliate has ever maintained or had an obligation to contribute to a "single employer plan" within the meaning of Section 4001(a)(15) of ERISA or a "multiemployer plan" within the meaning of Section 3(37) of ERISA.
Title IV Plans. Section 3.9(g) of the Company Disclosure Letter sets forth each Benefit Plan that is subject to Title IV or Section 302 of ERISA or Section 412, 430 or 4971 of the Code (each, a “Title IV Plan”). Except as would not reasonably be expected to have, either individually or in the aggregate, a Company Material Adverse Effect, with respect to each Title IV Plan: (i) there does not exist any failure to meet the “minimum funding standard” of Section 412 of the Code or 302 of ERISA (whether or not waived), (ii) no such plan is in “at-risk” status for purposes of Section 430 of the Code, (iii) no reportable event within the meaning of Section 4043(c) of ERISA for which the thirty (30)-day notice requirement has not been waived has occurred, (iv) all premiums due to the Pension Benefit Guaranty Corporation (the “PBGC”) have been timely paid in full, and (v) as of the date of this Agreement, the PBGC has not instituted proceedings to terminate any such Title IV Plan and, to the Knowledge of the Company, no circumstances exist which could serve as a basis for the institution of such proceedings. As of the date of this Agreement, (x) the information contained in the actuarial reports referenced in Section 3.9(a)(iv) is complete and accurate in all material respects, and (y) to the Knowledge of the Company, no material changes have occurred with respect to the financial condition of any Title IV Plan since the date of the most recent actuarial valuation report of such Title IV Plan.
Title IV Plans. Neither Seller nor any of its ERISA Affiliates maintain, sponsor, participate in or contribute to, nor have they ever maintained, established, sponsored, participated in, or contributed to, any plan subject to Title IV of ERISA. For purposes of this Agreement, “ERISA Affiliates” shall mean each trade or business (whether or not incorporated) which together with Seller is treated as a single employer under Section 414(b), (c), (m), or (o) of the Code.
Title IV Plans. With respect to each Employee Pension Benefit Plan (excluding plans not subject to the provisions of Title IV of ERISA) listed on Exhibit 3.16 or in which the Company (for purposes of this subsection 3.16.3 the "Company" shall include all trades or businesses whether or not incorporated, which are a member of a group of which Company is a member and which are under common control within the meaning of Section 414 of the Code and the regulations thereunder) participates or has participated, (a) the Company has not withdrawn from such a Plan during a plan year in which it was "substantial employer" (as defined in Section 4001(a)(2) of ERISA), (b) the Company has not filed a notice of intent to terminate any such Plan nor adopted any amendment to treat such Plan as terminated, (c) the PBGC has not instituted proceedings to terminate any such Plan, (d) no other event or condition has occurred which might constitute grounds under Section 4042 of ERISA for the termination of, or the appointment of a trustee to administer, any such Plan, (e) no accumulated funding deficiency, whether or not waived, exists with respect to any such Plan, no condition has occurred or exists which by the passage of time would be expected to result in an accumulated funding deficiency as of the last day of the current Plan year of any such Plan, and the Company has not failed to make full payment when due of all amounts which under the provisions of any such Plan are required to be made as contributions thereto, (f) all required premium payments to the Pension Benefit Guaranty Corporation have been paid when due, (g) no reportable event, as described in Section 4043 of ERISA and the regulations thereunder, has occurred with respect to said plans, and (h) no excise taxes are payable under the Code.
Title IV Plans. The Company does not maintain any Employee Benefit Plan that is also subject to Title IV of ERISA other than the multiemployer plan identified in the Disclosure Schedule and referred to in Section 5.3(g)(iv).
Title IV Plans. There is no Pension Benefit Plan which is subject to the provisions of Title IV of ERISA in which the Seller (for purposes of this Section the Seller shall include each trade or business, whether or not incorporated, which is a member of a group of which the Seller is a member and which is under common control within the meaning of Code Section 414 and the regulations thereunder) participates or has participated.
Title IV Plans. FHPS does not contribute to a Multiemployer Plan as described in Section 4001(a)(3) of ERISA or a defined benefit plan.
