Compliance With Erisa Etc. (a) No Credit Party shall permit its unfunded pension fund and other employee benefit plan obligation and liabilities to remain unfunded other than in accordance with applicable law and (b) no ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien on any asset of a Credit Party or a Subsidiary of a Credit Party with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event, that would, in the aggregate, have a Material Adverse Effect. No Credit Party shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.
Compliance With Erisa Etc. (a) Section 8.17(a) of the Emageon Disclosure Memorandum lists all plans, programs, and similar arrangements, commitments or agreements maintained by or on behalf of Emageon or any other party that provides benefits or compensation to, or for the benefit of, current or former employees of Emageon, including pension, retirement, deferred compensation, stock option, stock purchase, stock ownership, savings, stock appreciation right, profit sharing, group insurance, severance, and other benefit plans, contracts and agreements (collectively, the "EMAGEON EMPLOYEE BENEFIT PLANS"). With respect to each Emageon Employee Benefit Plan, to the extent applicable, Emageon has supplied Ultravisual a true and correct copy of (i) the plan document, including amendments thereto, (ii) the annual report on the applicable Form 5500 series filed with the IRS for the most recent three plan years, (iii) each trust agreement, insurance contract or other funding arrangement relating to such Emageon Employee Benefit Plan, including amendments thereto, (iv) the most recent Summary Plan Description and material employee communications for such Emageon Employee Benefit Plan, (v) the most recent actuarial report or valuation, and (vi) the most recent IRS determination letter.
Compliance With Erisa Etc. (i) No ERISA Event has occurred or is reasonably expected to occur with respect to any Plan.
Compliance With Erisa Etc. The Company and its Subsidiaries -------------------------- will meet all minimum funding requirements applicable to the Pension Plans imposed by ERISA or the Code (without giving effect to any waivers of such requirements or extensions of the related amortization periods which may be granted) and will at all times comply in all material respects with all other provisions of ERISA and the Code which are applicable to the Pension Plans and the Employee Benefit Plans.
Compliance With Erisa Etc. 7981 Section 5.15 Intellectual Property, etc. 8082
Compliance With Erisa Etc. (a) Compliance by the Credit Parties with the provisions hereof and Borrowings contemplated hereby will not involve any non-exempt prohibited transaction within the meaning of Section 406 of ERISA or Section 4975 of the Code. The Credit Parties, their Subsidiaries and each ERISA Affiliate, except for such non-compliance that would not reasonably be expected to have a Material Adverse Effect (i) has fulfilled all obligations under the minimum funding standards of ERISA and the Code with respect to each U.S. Plan that is not a Multi-Employer Plan or a Multiple Employer Plan, (ii) has satisfied all contribution obligations in respect of each Multi-Employer Plan and each Multiple Employer Plan, (iii) is in compliance with all other applicable provisions of ERISA and the Code with respect to each U.S. Plan and (iv) has not incurred any liability under Title IV of ERISA with respect to any U.S. Plan, or any trust established thereunder. No U.S. Plan or trust created thereunder has been terminated, there have been no Reportable Events, with respect to any U.S. Plan or trust created thereunder, in each case, which termination or Reportable Event will or would reasonably be expected to have a Material Adverse Effect, and no U.S. Plan has incurred an ERISA Event which ERISA Event will or would reasonably be expected to have a Material Adverse Effect. No Credit Party or any Subsidiary of a Credit Party nor any ERISA Affiliate is at the date hereof, or has been at any time within the five (5) years preceding the date hereof, an employer required to contribute to any Multi-Employer Plan or Multiple Employer Plan. No Credit Party nor any Subsidiary of a Credit Party nor any ERISA Affiliate has any contingent liability with respect to any post-retirement “welfare benefit plan” (as such term is defined in ERISA) except as has been disclosed to the Administrative Agent and the Lenders in writing. #4848-6974-4858
Compliance With Erisa Etc. (a) The Company and each ERISA Affiliate have operated and administered each Plan in compliance with all applicable laws except for such instances of noncompliance as have not resulted in and could not reasonably be expected to result in a Material Adverse Effect. Neither the Company nor any ERISA Affiliate has incurred any liability pursuant to Title I or IV of ERISA or the penalty or excise tax provisions of the Code relating to employee benefit plans (as defined in section 3 of ERISA), and no event, transaction or condition has occurred or exists that would reasonably be expected to result in the incurrence of any such liability by the Company or any ERISA Affiliate, or in the imposition of any Lien on any of the rights, properties or assets of the Company or any ERISA Affiliate, in either case pursuant to Title I or IV of ERISA or to such penalty or excise tax provisions or to section 401(a)(29) or 412 of the Code or section 4068 of ERISA, other than such liabilities or Liens as would not be individually or in the aggregate Material.
Compliance With Erisa Etc. The Company and its Subsidiaries will meet all minimum funding requirements applicable to the Pension Plans imposed by ERISA or the Code and will at all times comply in all material respects with the provisions of ERISA and the Code which are applicable to the Pension Plans and the Welfare Plans, including without limitation, the proscription against causing any Pension Plan to engage in a "prohibited transaction," as described in section 4975 of the Code or section 406 of ERISA, which is not otherwise exempt (or for which an individual exemption is not otherwise issued) except to the extent any failure so to meet or to comply is not reasonably expected to have a Material Adverse Effect. Neither the Company nor any of its Subsidiaries will permit any event or condition to exist which would permit any Plan to be terminated under circumstances which would cause the Lien provided for in section 4068 of ERISA to attach to the assets of the Company or any of its Subsidiaries, except to the extent that the imposition of such lien would not have a Material Adverse Effect. The Company will forthwith notify each holder of any Security if there is any reportable event (as defined in section 4043 of ERISA) with respect to any Pension Plan (other than a reportable event for which the 30-day notification to the PBGC has been waived by regulations), or if the Company or any of its Subsidiaries or the Pension Benefit Guaranty Corporation (the "PBGC") takes action to terminate any Single Employer Plan, and the Company will furnish such holders with a copy of any notice of any such reportable event which is required to be filed with the PBGC any notice delivered by the PBGC evidencing its institution of such proceedings or its intent to institute such proceedings, or any notice to the PBGC that such a Pension Plan is to be terminated, as the case may be. The Company will also furnish such holders with copies of any request with respect to any such Single Employer Plan for waiver of the funding standards or extension of the amortization periods under sections 303 and 304 of ERISA or section 412 of the Code, no later than 5 business days after the date on which the request is submitted to the Department of Labor or the Internal Revenue Service, as the case may be. The Company will forthwith notify such holders upon learning of the occurrence of any partial or complete withdrawal from a Multiemployer Plan which is reasonably expected to result in the incurrence of any materia...
Compliance With Erisa Etc. SCHEDULE 4.24 sets forth all "employee benefit plans," as defined in Section 3(3) of ERISA, and all other employee benefit plans and arrangements, including incentive, equity or equity-based compensation and deferred compensation arrangements, covering the employees of the Seller, UIC and the Seller Subsidiaries who have been or currently are engaged in the operation of the Business (collectively, the "Plans"). None of the Plans is a multiemployer plan, as defined in Section 3(37) of ERISA, nor has Seller ever contributed to a multiemployer plan with respect to employees of the Business. Seller has provided RW with summary plan descriptions or, if no summary plan description exists, written summaries of each Plan. To the extent required (either as a matter of law or to obtain the intended tax treatment and tax benefits), all employee benefit plans (as defined in Section 3(3) of ERISA) which Seller does maintain or to which it does contribute comply in all Material respects with the requirements of ERISA and the Code.
Compliance With Erisa Etc. The Company and its Subsidiaries will meet all minimum funding requirements imposed by ERISA or the Code (without giving effect to any waivers of such requirements or extensions of the related amortization periods which may be granted) and will at all times comply in all material respects with all other provisions of ERISA and the Code.
