Common use of Multiemployer Plan Clause in Contracts

Multiemployer Plan. “Multiemployer Plan” shall mean any “multiemployer plan,” as defined in Section 3(37) or 4001(a)(3) of ERISA, which any Seller or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or maintained, administered, contributed to or was required to contribute to, or under which any Seller or any ERISA Affiliate has or may have any Liability.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Sigmatel Inc), Sale and Purchase Agreement (Silicon Laboratories Inc)

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Multiemployer Plan. “Multiemployer Plan” shall mean any “multiemployer plan,” as defined in Section 3(37) or 4001(a)(3) of ERISA, which any Seller the Company or any ERISA Affiliate maintainsof its Subsidiaries contributes to, administers, contributes to or is required has an obligation to contribute to, which covers any current or maintained, administered, contributed to or was required to contribute to, or under which any Seller former employee of the Company or any ERISA Affiliate has or may have any Liabilityof its Subsidiaries.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Panolam Industries International Inc), Agreement and Plan of Merger (Alliance Data Systems Corp)

Multiemployer Plan. “Multiemployer Plan” shall mean any “multiemployer plan,” as defined in Section 3(37) or 4001(a)(3) of ERISA, (A) which any Seller or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, to and (B) which covers any employee or maintained, administered, contributed to or was required to contribute to, or under which any former employee of Seller or any ERISA Affiliate has or may have any Liabilityof its Subsidiaries.

Appears in 2 contracts

Samples: Asset Purchase Agreement (United Components Inc), Asset Purchase Agreement (UCI Holdco, Inc.)

Multiemployer Plan. The term Multiemployer PlanMULTIEMPLOYER PLANshall mean any means a “multiemployer plan,” as defined in Section 3(37) or 4001(a)(3) of ERISAERISA which is maintained for employees of the BORROWER, which any Seller or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or maintained, administered, contributed to or was required to contribute to, or under which any Seller or any ERISA Affiliate has or may have any LiabilityAFFILIATE of the BORROWER.

Appears in 2 contracts

Samples: Loan and Security Agreement (Martek Biosciences Corp), Loan and Security Agreement (Martek Biosciences Corp)

Multiemployer Plan. “Multiemployer Plan” shall mean any “The term "MULTIEMPLOYER PLAN" means a "multiemployer plan,” " as defined in Section 3(37) or 4001(a)(3) of ERISAERISA which is maintained for employees of the BORROWER, which any Seller or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or maintained, administered, contributed to or was required to contribute to, or under which any Seller or any ERISA Affiliate has or may have any LiabilityAFFILIATE of the BORROWER.

Appears in 2 contracts

Samples: Loan and Security Agreement (Avatech Solutions Inc), Loan and Security Agreement (Accom Inc)

Multiemployer Plan. Multiemployer Plan" shall mean any "multiemployer plan," as defined in Section 3(37) or 4001(a)(3) of ERISA, (A) which any Seller or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, to (B) which covers any employee or maintained, administered, contributed former employee of Seller (with respect to or was required to contribute to, or under which any Seller or any ERISA Affiliate has or may have any Liabilitytheir relationship with Seller).

Appears in 1 contract

Samples: Asset Purchase Agreement (Del Monte Foods Co)

Multiemployer Plan. “Multiemployer Plan” shall mean any “multiemployer plan,” as defined in Section 3(37) or 4001(a)(3) of ERISA, which any Seller or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or has maintained, administered, contributed to or was required to contribute to, or under which any Seller or any ERISA Affiliate or either of the Affiniti Companies has or may have incur any Liability.

Appears in 1 contract

Samples: Stock and Asset Purchase Agreement (Enzo Biochem Inc)

Multiemployer Plan. “Multiemployer Plan” MULTIEMPLOYER PLAN" shall mean any "multiemployer plan," as defined in Section 3(37) or 4001(a)(3) of ERISA, (A) which any Seller the Company or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, to and (B) which covers any employee or maintained, administered, contributed to or was required to contribute to, or under which any Seller former employee of the Company or any ERISA Affiliate has or may have any Liability(with respect to their relationship with such entities).

Appears in 1 contract

Samples: Escrow Agreement (Federal Data Corp /Fa/)

Multiemployer Plan. Multiemployer Plan" shall mean any "multiemployer plan," as defined in Section 3(37) or 4001(a)(3) of ERISA, which any Seller Seller, Partnership or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or or, after September 25, 1980, maintained, administered, contributed to or was required to contribute to, or under which any Seller Seller, Partnership or any ERISA Affiliate has may incur any liability and which covers any employee or may have former employee of Seller, Partnership or any LiabilityERISA Affiliate.

Appears in 1 contract

Samples: Asset Purchase Agreement (Chancellor Media Mw Sign Corp)

Multiemployer Plan. The term Multiemployer PlanMULTIEMPLOYER PLANshall mean any means a “multiemployer plan,” as defined in Section 3(37) or 4001(a)(3) of ERISAERISA which is maintained for employees of the BORROWERS, which any Seller or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or maintained, administered, contributed to or was required to contribute to, or under which any Seller or any ERISA Affiliate has or may have any LiabilityAFFILIATE of the BORROWERS.

Appears in 1 contract

Samples: Loan and Security Agreement (Avatech Solutions Inc)

Multiemployer Plan. Multiemployer Plan" shall mean any "multiemployer plan," as defined in Section 3(37) or SECTION 4001(a)(3) of ERISA, which any Seller the Company or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or maintained, administered, contributed to or was required to contribute to, or under which any Seller or any ERISA Affiliate has or may have any Liability.

Appears in 1 contract

Samples: Stock Purchase Agreement (Primark Corp)

Multiemployer Plan. Multiemployer Plan" shall mean any "multiemployer plan," as defined in Section 3(37) or 4001(a)(3) of ERISA, (1) which any Seller AEL or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, to and (2) which covers any employee or maintained, administered, contributed to or was required to contribute to, or under which any Seller former employee of AEL or any ERISA Affiliate has or may have any Liability(with respect to their relationship with such entities).

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Ael Industries Inc)

Multiemployer Plan. “Multiemployer Plan” shall mean any “The term "MULTIEMPLOYER PLAN" means a "multiemployer plan,” " as defined in Section 3(37) or 4001(a)(3) of ERISAERISA which is maintained for employees of any BORROWER, which any Seller or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or maintained, administered, contributed to or was required to contribute to, or under which AFFILIATE of any Seller or any ERISA Affiliate has or may have any LiabilityBORROWER.

Appears in 1 contract

Samples: Loan and Security Agreement (Ea Engineering Science & Technology Inc)

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Multiemployer Plan. Multiemployer Plan" shall mean any "multiemployer plan," as defined in Section 3(37) or 4001(a)(34001 (a)(3) of ERISA, (A) which any Seller the Company, its Subsidiary or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or or, within the five years prior to the Closing Date, maintained, administered, contributed to or was required to contribute to, or under which any Seller the Company, its Subsidiary or any ERISA Affiliate has or may have incur any Liabilityliability.

Appears in 1 contract

Samples: Stock Purchase Agreement (Lois/Usa Inc)

Multiemployer Plan. Multiemployer Plan" shall mean with respect to Contributors any Employee Plan which is a "multiemployer plan," as defined in Section 3(37) or 4001(a)(3) of ERISA, which any Seller or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or maintained, administered, contributed to or was required to contribute to, or under which any Seller or any ERISA Affiliate has or may have any Liability.

Appears in 1 contract

Samples: Asset Contribution Agreement (Tower Realty Trust Inc)

Multiemployer Plan. “Multiemployer Plan” shall mean any “multiemployer plan,” as defined in Section 3(37) or 4001(a)(3) of ERISA, which any Seller or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or has maintained, administered, contributed to or was required to contribute to, or under which any Seller or any ERISA Affiliate has or may have incur any Liabilityliability or obligation.

Appears in 1 contract

Samples: Asset Purchase Agreement (Nextera Enterprises Inc)

Multiemployer Plan. Multiemployer Plan" shall mean any "multiemployer plan," as defined in Section 3(37) or 4001(a)(3) of ERISA, (A) to which any Seller SPD or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or maintained, administered, contributed has any liability with respect to and (B) which covers any employee or was required to contribute to, or under which any Seller former employee of SPD or any ERISA Affiliate has or may have any Liability(with respect to their relationship with such entities).

Appears in 1 contract

Samples: Agreement and Plan of Merger (L 3 Communications Corp)

Multiemployer Plan. “Multiemployer Plan” shall mean any “multiemployer plan,” as defined in Section 3(37) or 4001(a)(3) of ERISA, (A) to which any Seller Holdings or any ERISA Affiliate of its Subsidiaries maintains, administers, contributes to or is required to contribute toand (B) which covers any current or former employees, consultants, or maintained, administered, contributed to or was required to contribute to, or under which any Seller directors of Holdings or any ERISA Affiliate has of its Subsidiaries or may have any Liabilitytheir beneficiaries or dependents (with respect to their relationship with such entities).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Horizon Lines, Inc.)

Multiemployer Plan. “Multiemployer Plan” shall mean any “multiemployer plan,” as defined in Section 3(37) or 4001(a)(3) of ERISA, which any Seller or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or has maintained, administered, contributed to or was required to contribute to, or under which any Seller or any ERISA Affiliate has or may have any Liability.

Appears in 1 contract

Samples: Asset Purchase Agreement (Enzo Biochem Inc)

Multiemployer Plan. Multiemployer Plan" shall mean any ------------------ "multiemployer plan," as defined in Section 3(37) or 4001(a)(3) of ERISA, (A) which any Seller or any ERISA Affiliate maintains, administers, contributes to or is required to contribute to, or or, after September 25, 1980, maintained, administered, contributed to or was required to contribute to, or under which any Seller or any ERISA Affiliate has may incur any Liability and (B) which covers any employee or may have former employee of Seller or any LiabilityERISA Affiliate (with respect to their relationship with such entities).

Appears in 1 contract

Samples: Asset Purchase Agreement (Fays Inc)

Multiemployer Plan. “Multiemployer Plan” shall mean any “multiemployer plan,” as defined in Section 3(37) or 4001(a)(3) of ERISA, which any Seller the Company or any ERISA Affiliate maintainsof its Subsidiaries contributes to, administers, contributes to or is required has in the last six years had an obligation to contribute to, which covers any current or maintained, administered, contributed to or was required to contribute to, or under which any Seller former employee of the Company or any ERISA Affiliate has or may have any Liabilityof its Subsidiaries.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Rexnord Corp)

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