definiens: within the meaning of Section 302 of ERISA and Sect ion 412 of the Code ( whether or not waived ) has occurred ; ( iii ) no ( as defined in Section 4 043 of ERISA ), whether or not waived, has occurred or is r easonably expected to result from the transactions contemplated hereby ; ( iv ) all contributions require d to be made to any Multiemployer Plan or any Emplo yee Benefit Plan subject to Title IV or Section 302 of ERISA or Section 412 of the Code have been timely m ade ; ( v ) there has been no determination that any such p lan is, or is expected to be, in status ( within the meaning of Section 303 of ERISA ) ; and ( vi ) no notic e from the PBGC relating to the funded status of an y such plan or any transfer of assets and liabilities from any such plan, including in connection with the tr ansactions contemplated herein has been received