definiens: ( as defined in ERISA Section 3 ( 2 ) ) maintained orcontributed to by any member of the Company 's Controlled Group has incurred any as such term is defined in ERISA Section 302 and CodeSection 412 ( whether or not waived ) ; ( B ) no event or condition exists which could be deemed areportable event within the meaning of ERISA Section 4043 which could result in a liability to theCompany or any member of its Controlled Group and no condition exists which could subject theCompany or any member of its Controlled Group to a fine under ERISA Section 4071 ; ( C ) as ofthe Effective Time of the Merger, the Company and all members of its Controlled Group havemade all required premium payments when due to the Pension Benefit Guaranty Corporation(the ) ; ( D ) neither the Company nor any member of its Controlled Group is subject to anyliability to the PBGC for any plan termination occurring on or prior to the Effective Time of theMerger ; ( E ) no amendment has occurred which has required or could require the Company orany member of its Controlled Group to provide security pursuant to Code Section 401(a)(29 ) ; and(F ) neither the Company nor any member of its Controlled Group has engaged in a transactionwhich could subject it to liability under ERISA Section 4069