definiens: , within theemeaning of Section 4001(a)(15 ) of ERISA, currently or formerly maintained by anyof them, or the single - employer plan of any entity which is considered oneemployer with the Company under Section 4001 of ERISA or Section 414 of the Code(an ) . The Company and its Subsidiaries have not incurred anddo not expect to incur any withdrawal liability with respect to a MultiemployerPlan ( regardless of whether based on contributions of an ERISA Affiliate ) . Nonotice of a, within the meaning of Section 4043 of ERISA forwhich the reporting requirement has not been waived or extended, other thanpursuant to Pension Benefit Guaranty Corporation ( ) Reg . Section 4043.33or 4043.66, has been required to be filed for any Pension Plan or by any ERISAAffiliate within the 12 - month period ending on the date hereof or will berequired to be filed in connection with the transactions contemplated by thisAgreement . No notices have been required to be sent to participants andbeneficiaries or the PBGC under Section 302 or 4011 of ERISA or Section 412 ofthe Code