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 Single Employer Plan, which (a) is maintained for employees of any Company or ERISA Affiliate and at least one Person other than any of the Companies or ERISA Affiliates or (b) was so maintained and in respect of which any Company or ERISA Affiliate could have liability under Section 4064 or 4069 of ERISA in the event such Plan has been or were to be terminated. Net Cash Proceeds shall mean, (i) with respect to any Disposition by any Obligor or any of its subsidiaries, the amount of cash received (directly or indirectly) from time to time (whether as initial consideration or through the payment of deferred consideration) by or on behalf of such Obligor or such subsidiary, in connection therewith after deducting therefrom only (A) the amount of any Indebtedness secured by any Lien permitted by Section 7.2(j)(i) on any asset (other than Indebtedness assumed by the purchaser of such asset) which is required to be, and is, repaid in connection with such Disposition (other than Indebtedness under this Financing Agreement), (B) reasonable expenses related thereto incurred by such Obligor or such subsidiary in connection therewith, (C) transfer taxes paid to any taxing authorities by such Obligor or such subsidiary in connection therewith, and (D) net income taxes to be paid in connection with such Disposition (after taking into account any tax credits or deductions and any tax sharing arrangements) and (ii) with respect to the issuance or incurrence of any Indebtedness by any Obligor or any of its subsidiaries, or the sale or issuance by any Obligor or any of its subsidiaries of any shares of its capital stock, the aggregate amount of cash received (directly or indirectly) from time to time (whether as initial consideration or through the payment of deferred consideration) by or on behalf of such Obligor or such subsidiary in connection therewith, after deducting therefrom only (A) reasonable brokerage commissions, underwriting fees and discounts, legal fees and similar fees and commissions, (B) transfer taxes paid by such Obligor or such subsidiary in connection therewith and (C) net income taxes to be paid in connection therewith (after taking into account any tax credits or deductions and any tax sharing arrangements).
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.
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.
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.
No Plan or trust created thereunder has been terminated, and there have been no Reportable Events, with respect to any Plan or trust created thereunder or with respect to any Multi-Employer Plan or Multiple Employer Plan, which termination or Reportable Event will or could give rise to a material liability of the Credit Parties or any ERISA Affiliate in respect thereof.
No Plan or trust created thereunder has been terminated, and there have been no Reportable Events, with respect to any Plan or trust created thereunder or with respect to any Multiemployer Plan or Multiple Employer Plan, which termination or Reportable Event will or could result in the termination of such Plan, Multiemployer Plan or Multiple Employer Plan and give rise to a material liability of the Borrower or any ERISA Affiliate in respect thereof.
More Definitions of Multiple Employer
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.
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 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 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. 101. RELEASE shall have the meaning given in Section 4.18(a)(vii). 102. REMEDIATION shall have the meaning given in Section 4.18(a)(viii).
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: as specified in Section 3.17(a).
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.