definiens: within the meaning of Section 4975 of the Code or Section 406 of ERISA and no breach offiduciary duty ( as determined under ERISA ) has occurred with respect to any [COMPANY] BenefitPlan ; ( D ) all contributions ( including all employer contributions and employee salary reductioncontributions ), distributions, reimbursements and premium payments that are due have beentimely made in accordance with the terms of the [COMPANY] Benefit Plan and the requirements ofapplicable Law ; ( E ) all [COMPANY] Benefit Plans that are required to be funded are fully funded, andamounts have been accrued for any unfunded [COMPANY] Benefit Plans to the extent requiredunder applicable international accounting standards ; ( F ) no events have occurred with respect toany [COMPANY] Benefit Plan that would reasonably be expected to result in the assessment of anyexcise Taxes or penalties against [COMPANY] or any of its Subsidiaries ; and ( G ) neither [COMPANY] norany of its Subsidiaries has incurred ( whether or not assessed ), or is reasonably expected to incuror to be subject to, any Tax or other penalty with respect to the reporting requirements underSections 6055 and 6056 of the Code, as applicable, or under Section 4980B, 4980D or 4980H ofthe Code