definiens: ( as defined in Section 406 or 407 of ERISA or Section4975 of the Code ) have occurred for which a statutory exemption is notavailable ; ( ii ) no action or claims ( other than routine claims for benefits madein the ordinary course of Plan administration for which Plan administrativereview procedures have not been exhausted ) are pending, or to the knowledge ofthe Company, threatened or imminent against or with respect to the Plan, anyemployer who is participating ( or who has participated ) in any Plan or anyfiduciary ( as defined in Section 3(21 ) of ERISA ), of the Plan ; ( iii ) neither theCompany, nor any fiduciary has any knowledge of any facts that could give riseto any such action or claim ; and ( iv ) it provides that it may be amended orterminated at any time and, except for benefits protected under Section 411(d)of the Code, all benefits payable to current, terminated employees or anybeneficiary may be amended or terminated by the Company at any time withoutliability other than ordinary administrative expenses