Multiple Employer. PLAN shall mean an employee benefit plan, other than a Multiemployer Plan, to which the Parent, Lessee or any ERISA Affiliate, and one or more employers other than the Parent, Lessee or an ERISA Affiliate, is making or accruing an obligation to make contributions or, in the event that any such plan has been terminated, to which the Parent, Lessee or an ERISA Affiliate made or accrued an obligation to make contributions during any of the five plan years preceding the date of termination of such plan; NET CASH PROCEEDS shall mean, with respect to any Asset Sale, the Cash Proceeds resulting therefrom net of (i) reasonable and customary expenses of sale incurred in connection with such Asset Sale, and other reasonable and customary fees and expenses incurred, and all state, and local taxes paid or reasonably estimated to be payable by such person, as a consequence of such Asset Sale and the payment of principal, premium and interest of Indebtedness secured by the asset which is the subject of the Asset Sale and required to be, and which is, repaid under the terms thereof as a result of such Asset Sale, (ii) amounts of any distributions payable to holders of minority interests in the relevant person or in the relevant property or assets and (iii) incremental income taxes paid or payable as a result thereof; OPERATING LEASE as applied to any person shall mean any lease of any property (whether real, personal or mixed) by that person as lessee which, in conformity with GAAP, is not accounted for as a Capital Lease on the balance sheet of that person; PBGC shall mean the Pension Benefit Guaranty Corporation established pursuant to section 4002 of ERISA, or any successor thereto; PERMITTED ACQUISITION shall mean and include any Acquisition as to which all of the following conditions are satisfied:
Multiple Employer. Plan shall mean a Plan which has two or more contributing sponsors (including the Borrower or any member of the ERISA Group) at least two of whom are not under common control, as such a plan is described in Sections 4063 and 4064 of ERISA.
Multiple Employer. PLAN shall mean a Defined Benefit Pension Plan which has two (2) or more contributing sponsors (including the Borrower or any member of the ERISA Group) at least two (2) of whom are not under common control, as such a plan is described in Sections 4063 and 4064 of ERISA.
Examples of Multiple Employer in a sentence
There has been no Prohibited Transaction with respect to any Benefit Arrangement or any Plan or, to the best knowledge of the Borrower, with respect to any Multiemployer Plan or Multiple Employer Plan, which could result in any material liability of the Borrower or any other member of the ERISA Group.
The Borrower and all other members of the ERISA Group have made when due any and all payments required to be made under any agreement relating to a Multiemployer Plan or a Multiple Employer Plan or any Law pertaining thereto.
The Contractor to this Contract is designated and assumes the responsibility as the Prime Contractor per WorkSafe BC OH&S Regulations Section 20.2 Notice of Project and 20.3 Coordination of Multiple Employer Workplaces and Workers’ Compensation Act, Section 118 Coordination of Multiple-Employer Workplaces subsections (1) and (2).
This Statement replaces the requirements of Statements No. 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions, as amended, and No. 57, OPEB Measurements by Agent Employers and Agent Multiple Employer Plans, for OPEB.
No Credit Party nor any Subsidiary of a Credit Party nor any ERISA Affiliate is at the date hereof, or has been at any time within the five years preceding the date hereof, an employer required to contribute to any Multi-Employer Plan or Multiple Employer Plan, or a “contributing sponsor” (as such term is defined in Section 4001 of ERISA) in any Multi-Employer Plan or Multiple Employer Plan.
More Definitions of Multiple Employer
Multiple Employer. Plan: Defined pursuant to subsection 1.2 hereof.
Multiple Employer. PLAN shall mean a Plan which has two or more contributing sponsors (including the Loan Parties or any member of the ERISA Group) at least two of whom are not under common control, as such a plan is described in Sections 4063 and 4064 of ERISA. MULTIEMPLOYER PLAN shall mean any employee benefit plan which is a "multiemployer plan" within the meaning of Section 4001(a)(3) of ERISA and to which the Loan Parties or any member of the ERISA Group is then making or accruing an obligation to make contributions or, within the preceding five Plan years, has made or had an obligation to make such contributions. NON-CONSENTING LENDER shall have the meaning assigned to that term in Section 10.1.
Multiple Employer. Plan shall have the meaning given in Section 4.28(c)(iv). 77. Net Worth shall have the meaning given in Section 1.4. 78. NLLC shall have the meaning given in the Background. 79. NLLC Membership Interests shall have the meaning given in the Recitals. 80. Non-Disclosure and Trade Secret Protection Agreement shall have the meaning given in Section 3.10(b). 81. Operating Licenses shall have the meaning given in Section 4.35. 82. Ordinary Course of Business shall mean the ordinary course of business consistent with past custom and practice (including with respect to quantity and frequency). 83. OSHCO shall have the meaning given in the Background. 84. OSHCO Shares shall have the meaning given in the Recitals. 85. Owned Real Property shall have the meaning given in Section 4.22. 86. Parties or Party shall have the meaning given in the Background. 87. Permits shall have the meaning given in Section 4.17. 88. Pre-Closing Period shall have the meaning given in Section 3.2(a). 89. Pre-Closing Tax Return shall have the meaning given in Section 3.12(b). 90. Predecessor shall have the meaning given in Section 4.18(a)(vi). 91. Plans shall have the meaning given in Section 4.28(a)(i). 92. Purchase Price Adjustment shall have the meaning given in Section 1.5(a). 93. QAT shall have the meaning given in the Background. 94. RACS shall have the meaning given in the Background. 95. RAQ shall have the meaning given in the Background. 96. RACS Shares shall have the meaning given in the Recitals. 97. RCMC shall have the meaning given in the Background. 98. RCMC Shares shall have the meaning given in the Recitals. 99. RFB shall have the meaning given in the Background. 100. Real Property shall have the meaning given in Section 4.22. iii 71 CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
Multiple Employer. PLAN shall mean a Plan which has two or more contributing sponsors (including the Borrower or any member of the ERISA Group) at least two of whom are not under common control, as such a plan is described in Sections 4063 and 4064 of ERISA. NATIONAL CITY shall mean National City Bank of Pennsylvania, a national banking association, its successors and assigns.
Multiple Employer. Plan shall mean an employee pension benefit plan (but excluding any Multiemployer Plan) which is covered by Title IV of ERISA or is subject to the minimum funding standards under Section 412 of the Internal Revenue Code and which has two or more contributing sponsors (including the Borrower or any member of the ERISA Group) at least two of whom are not under common control, as such a plan is described in Sections 4063 and 4064 of ERISA.
Multiple Employer welfare arrangement” (as defined in Section 3(40) of ERISA). The Company does not have any Liability as a consequence of at any time being considered a single employer under Section 414 of the Code with any other Person. No Company Plan is subject to any tax under Section 512 of the Code. (f) With respect to each Company Plan: (i) there have been no prohibited transactions as defined in Section 406 of ERISA or Section 4975 of the Code; (ii) no fiduciary (as defined in Section 3(21) of ERISA) has any Liability for breach of fiduciary duty or any other failure to act or comply in connection with the administration or investment of the assets of such plans; and (iii) no actions, audits, investigations, proceedings, suits or claims (other than routine claims for benefits) are pending or threatened, and there are no facts that would give rise to or could reasonably be expected to give rise to any such actions, audits, investigations, proceedings, suits or claims. (g) Each Company Plan that contains, is or forms part of a “non-qualified deferred compensation plan” within the meaning of Section 409A of the Code complies in form and has been operated in compliance with the requirements of Section 409A of the Code and the guidance issued thereunder. The Company has no obligation 102596957.7 0059466-00008 35
Multiple Employer. Plan shall mean a Plan which has two or more contributing sponsors (including the Borrower or any member of the ERISA Group) at least two of whom are not under common control, as such a plan is described in Sections 4063 and 4064 of ERISA. NBG shall mean NationsBank of Georgia, N.A. NBT shall mean NationsBank of Tennessee, N.A.