definiens: status ( within the meaning of Section 303(i)(4)(A ) of ERISA or Section 430(i)(4)(A ) of the Code ), ( 2 ) as of the last day of 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 liabilities did exceed such assets, the amount thereof was properly reflected on the financial statements of the Sellers or the applicable Subsidiary previously provided to Buyer Parent, ( 3 ) no unsatisfied liability ( other than for premiums to the Pension Benefit Guaranty Corpo ration ) under Title IV of ERISA has been, or is expected to be, incurred by the Sellers or any of their Subsidiaries ( including the Transferred Group ), ( 4 ) the Pension Benefit Guaranty Corporation has not instituted Proceedings to terminate any such Transf erred Entity Benefit Plan and ( 5 ) no within the meaning of Section 4043 of ERISA ( excluding any such event for which the thirty ( 30 ) day notice requirement has been waived under the regulations to Section 4043 of ERISA ) has occurred, nor has any event described in Sections 4062, 4063 or 4041 of ERISA occurred