Employee Retirement Income Security Act. All Plans are in compliance in all material respects with the applicable provisions of ERISA. Neither the Company nor any Subsidiary has incurred any material "accumulated funding deficiency" within the meaning of section 302(a)(2) of ERISA in connection with any Plan. There has been no Reportable Event for any Plan, the occurrence of which would have a materially adverse effect on the Company or any Subsidiary, nor has the Company or any Subsidiary incurred any material liability to the Pension Benefit Guaranty Corporation under section 4062 of ERISA in connection with any Plan. The Unfunded Liabilities of all Plans do not in the aggregate exceed $2,500,000.
Employee Retirement Income Security Act. To the extent applicable, Borrower shall comply with all provisions of the Employee Retirement Income Security Act of 1974, and any successor statute, all as amended from time to time (“ERISA”), including regulations promulgated thereunder and interpretations published regarding same.
Employee Retirement Income Security Act. No material Plan established or maintained by the Borrower or any Domestic Subsidiary, which is subject to Part 3 of Subtitle B of Title I of ERISA, had an accumulated funding deficiency (as such term is defined in Section 302 of ERISA) as of the last day of the most recent fiscal year of such Plan ended prior to the date hereof, or would have had an accumulated funding deficiency (as so defined) on such day if such year were the first year of such Plan to which Part 3 of Subtitle B of Title I of that Act applied, and no material liability to the PBGC, has been, or is expected by the Borrower or any Domestic Subsidiary to be, incurred with respect to any such Plan by the Borrower or any Domestic Subsidiary.
Employee Retirement Income Security Act. Except as such matters would not, singly or in the aggregate, result in a Material Adverse Effect, (A) the Company is in compliance with all presently applicable provisions of the Employee Retirement Income Security Act of 1974, as amended, including the regulations and published interpretations thereunder (“ERISA”); (B) no “reportable event” (as defined in ERISA) has occurred with respect to any “pension plan” (as defined in ERISA) for which the Company would have any liability; (C) the Company has not incurred and does not expect to incur liability under (1) Title IV of ERISA with respect to termination of, or withdrawal from, any “pension plan” or (2) Sections 412 or 4971 of the Internal Revenue Code of 1986, as amended, including the regulations and published interpretations thereunder (the “Code”); and (D) each “pension plan” for which the Company would have any liability that is intended to be qualified under Section 401(a) of the Code is so qualified in all material respects and nothing has occurred, whether by action or by failure to act, which would cause the loss of such qualification.
Employee Retirement Income Security Act. The Borrower is in compliance in all material respects with all applicable provisions of the Employee Retirement Income Security Act of 1974 (ERISA), as amended, and the regulations and published interpretations thereunder. Neither a Reportable Event as set forth in Section 4043 of ERISA or the regulations thereunder ("Reportable Event") nor a prohibited transaction as set forth in Section 406 of ERISA or Section 4975 of the Internal Revenue Code of 1986, as amended, has occurred and is continuing with respect to any employee benefit or other plan established, maintained, or to which contributions have been made by the Borrower or any trade or business (whether or not incorporated) which together with the Borrower would be treated as a single employer under Section 4001 of ERISA ("ERISA Affiliate") for its employees which is covered by Title IV of ERISA ("Plan"); no notice of intent to terminate a Plan has been filed nor has any Plan been terminated; no circumstances exist that constitute grounds under Section 4042 of ERISA entitling the Pension Benefit Guaranty Corporation (PBGC) to institute proceedings to terminate, or appoint a trustee to administrate, a Plan, nor has the PBGC instituted any such proceedings; neither the Borrower nor any ERISA Affiliate has completely or partially withdrawn under Sections 4201 or 4204 of ERISA from any Plan described in Section 4001(a)(3) of ERISA which covers employees of the Borrower or any ERISA Affiliate ("Multiemployer Plan"); and the Borrower and each ERISA Affiliate have met their minimum funding requirements under ERISA with respect to all of their Plans and the present value of all Plan assets exceeds the present value of all vested benefits under each Plan as determined on the most recent valuation date of the Plan and in accordance with the provisions of ERISA and the regulations thereunder for calculating the potential liability of the Borrower or any ERISA Affiliate to the PBGC or the Plan under Title IV of ERISA; and neither the Borrower nor any ERISA Affiliate has incurred any liability to the PBGC under ERISA.
Employee Retirement Income Security Act. (a) Each Plan established or maintained by the Borrower, any of its Subsidiaries, or any ERISA Affiliate, is in compliance in all material respects with all applicable requirements of ERISA and the requirements of the Code applicable to all Plans. No Reportable Event has occurred or is expected to occur which, alone or together with any other such event, might reasonably be expected to result, directly or indirectly, in any material liability of the Borrower, any of its Subsidiaries, or any ERISA Affiliate.
Employee Retirement Income Security Act. All Plans are in compliance in all material respects with the applicable provisions of ERISA. Neither the Company nor any Subsidiary has incurred any material "accumulated funding deficiency" within the meaning of section 302(a)(2) of ERISA in connection with any Plan. There has been no Reportable Event for any Plan, the occurrence of which would have a materially adverse effect on the Company or any Subsidiary, nor has the Company or any Subsidiary incurred any material liability to the Pension Benefit Guaranty Corporation under section 4062 of ERISA in connection with any Plan. There are no Unfunded Liabilities relating to any Plans. Neither the Company nor any Subsidiary is a member of any Multiemployer Plan.
Employee Retirement Income Security Act. (“ERISA”). For purposes of Title I of ERISA, the arrangement described in this Agreement is an unfunded excess benefit plan for a select highly compensated employee. The plan fiduciary is the secretary (the “Secretary”) of the Company. Any claim under the plan should be filed in writing with the Secretary, and the Secretary shall respond to such claim in writing, in plain understandable language, making detailed and specific reference to material facts and to the terms of this Agreement, and explaining how and when benefits will be paid, or why they will not be paid, and outlining timely and reasonable procedures for appeal. If a claim under the plan is denied, notice of such denial shall be provided within ninety (90) days or less following the receipt of a claim by the Secretary.
Employee Retirement Income Security Act. The Company has no Plans.
Employee Retirement Income Security Act. Family and Medical Leave Act and similar state and local laws, or any other unlawful criteria or circumstances. By signing this Agreement, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Employer hereby releases and discharges Employee from, and waives for itself and its successors and assigns, any claim, suit, debt, contract, agreement, damages, charge, arbitration, grievance, complaint, or action (whether asserted or unasserted, known or unknown) which it now has or hereafter can, shall or may have against Employee for, upon or by reason of any matter, cause or thing whatsoever from the beginning of the world to the date of this Agreement, arising out of Employee's employment and/or professional engagement with Employer and/or his separation from employment, and/or relating to the issuance to Employee of stock, options, warrants, equity or any other benefits, compensation, gifts or incentives by Employer or by any of Employer's officers, directors, employees or agents. Employee agrees that he has been advised to consult with an attorney prior to signing this Agreement, that he has read and understands this Agreement, and that he is fully competent to enter into this Agreement and has signed this Agreement knowingly and voluntarily. Employee has had the opportunity to ask questions and fully understands this Agreement. Employee acknowledges:(i) that the Company has expressly informed him that he has at least twenty-one (21) days in which to decide whether to sign this Agreement, but that he has decided, of his own free will and volition, to sign this Agreement before the expiration of said 21-day period and, (ii) that he has the opportunity to revoke such Agreement within seven (7) days of signing it. Employee represents that he does not have and has returned all business records of Employer, its parent and its affiliates, in any form and all copies thereof.
