definiens: }, ( i ) no withdrawal liability, within the meaning of Section 4201 of ERISA, has been incurred by Seller that remains unpaid or otherwise unsatisfied, ( ii ) no liability to the Pension Benefit Guaranty Corporation has been incurred by Selle r, which liability has not been paid or otherwise satisfied, ( iii ) no accumulated funding deficiency, whether or not waived, within the meaning of Section 302 ofERISA or Section 412 of the Internal Revenue Code of 1986, as amended ( the ) has been incurred, ( iv ) all contributions ( including installments ) to any plan required by Section 302 of ERISA and Section 412 of the Code have been timely made, and no liability has been incurred under Code Section 4971 ; ( v ) each such plan that is an employee welfare benefit plan under Section 3(1 ) of ERISA is either unfunded, or is funded through an insurance contract and is not a within the meaning of Code Section 419 ; ( vi ) no plan has two or more contributing sponsors, at least two of whom are not under common control, with the meaning of ERISA Section 4063 or Code Section 413(c ) ( a ), and Seller at no time within the six years before the date hereof, has contributed to or been obligated to contribute to any Multiple Employer Plan ; ( vii ) Seller has not incurred any liabilities under Code Sections 4980B or 9801, et seq . ; ( viii ) there is not now and there are not existing circumstances that would give rise to, any requirement for the posting of security with respect any such plan or the imposition of any lien on the assets of Seller under ERISA or the Code ; and ( ix ) Seller has not announced or created any legally binding commitment to create any additional employee benefit plans or to amend or modify any existing employee benefit plan