definiens: status ( within the meaning of Section 303(i)(4)(A ) of ERIS A or Section 430(i)(4)(A ) of the Code ), ( 2 ) as of the last day o f the most recent plan year ended prior to the date hereof, the actuarially determined present value of all within the meaning of Section 4001(a ) ( 16 ) of ERISA did not exceed the then current value of assets of such Transferred Entity Benefit Plan or, if such li abilities did exceed such assets, the amount thereof was properly reflected on the financial statements of the Selle rs or the applicable Subsidiary previously provided to Buyer Parent, ( 3 ) no unsatisfied liability ( other than fo r premiums to the Pension Benefit Guaranty Corporation ) under Tit le IV of ERISA has been, or is expected to be, incu rred by the Sellers or any of their Subsidiaries ( including the Transferred Group ), ( 4 ) the Pension Benefit Gu aranty Corporation has not instituted Proceedings to termi nate any such Transferred Entity Benefit Plan and ( 5 ) no within the meaning of Section 40 43 of ERISA ( excluding any such event for which the thirty ( 30 ) day notice requirement has been waived under t he regulations to Section 4043 of ERISA ) has occurr ed, nor has any event described in Sections 4062, 4063 or 4 041 of ERISA occurred