Common use of Compliance with Xxxxx Clause in Contracts

Compliance with Xxxxx. (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 could 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, other than such liabilities or Liens as would not be individually or in the aggregate Material.

Appears in 3 contracts

Samples: Note Purchase Agreement (Meridian Industrial Trust Inc), Note Purchase Agreement (Dakota Growers Pasta Co), Note Purchase Agreement (Ameron International Corp)

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Compliance with Xxxxx. (a) 6.16.1 The Company Company, each Subsidiary and each ERISA Affiliate have has operated and administered each Plan in substantial compliance with all applicable laws except for such instances and in substantial compliance with its terms. None of noncompliance as have not resulted in and could not reasonably be expected to result in a Material Adverse Effect. Neither the Company nor Company, any Subsidiary or any ERISA Affiliate has incurred any Material liability pursuant to ERISA (including, without limitation 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 ERISACode), and and, to the knowledge of the Company, no event, transaction or condition has occurred or exists (or is reasonably expected to occur or exist) that could would reasonably be expected to result in the incurrence of any such Material liability by the Company Company, any Subsidiary 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 ERISA or IV of ERISA the Code or to such penalty or excise tax provisions or to Section section 401(a)(29) or 412 of the Code, other than such liens or liabilities or Liens as would not be expected individually or in the aggregate Materialto have a Material Adverse Effect.

Appears in 1 contract

Samples: Purchase Agreement (United Road Services Inc)

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Compliance with Xxxxx. (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 section 3 of ERISA), and no event, transaction or condition has occurred or exists that could 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 section 401(a)(29) or 412 of the Code, other than such liabilities or Liens as would not be individually or in the aggregate Material.

Appears in 1 contract

Samples: Pledge and Assignment Agreement (Energy Network Inc)

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