4.1.9.
ERISA MATTERS.
(A)
NO REPORTABLE EVENT OR "ACCUMULATED FUNDING DEFICIENCY" (WITHIN
THE MEANING OF SECTION 412 OF THE CODE OR SECTION 302 OF ERISA) HAS OCCURRED OR
IS CONTINUING WITH RESPECT TO ANY PENSION PLAN.
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(B)
NO PROHIBITED TRANSACTION (WITHIN THE MEANING OF SECTION 406 OF
ERISA OR SECTION 4975 OF THE CODE) HAS OCCURRED WITH RESPECT TO ANY PLAN.
(C)
EXCEPT AS SET FORTH ON SCHEDULE XI-A, NEITHER BORROWER NOR ANY
ERISA AFFILIATE IS NOW, OR HAS BEEN DURING THE PRECEDING FIVE YEARS, OBLIGATED
TO CONTRIBUTE TO A PENSION PLAN OR A MULTIEMPLOYER PLAN.
ANY CONTRIBUTIONS
REQUIRED TO HAVE BEEN MADE BY BORROWER OR ANY ERISA AFFILIATE TO ANY
MULTIEMPLOYER PLAN HAVE BEEN MADE ON OR BEFORE THE DUE DATE THEREOF.
NONE OF
BORROWER NOR ANY ERISA AFFILIATE HAS (A) CEASED OPERATIONS AT A FACILITY SO AS
TO BECOME SUBJECT TO THE PROVISIONS OF SECTION 4062(E) OF ERISA, (B) WITHDRAWN
AS A SUBSTANTIAL EMPLOYER SO AS TO BECOME SUBJECT TO THE PROVISIONS OF SECTION
4063 OF ERISA, (C) CEASED MAKING CONTRIBUTIONS TO ANY PENSION PLAN SUBJECT TO
THE PROVISIONS OF SECTION 4064(A) OF ERISA TO WHICH BORROWER OR ANY ERISA
AFFILIATE MADE CONTRIBUTIONS, (D) INCURRED OR CAUSED TO OCCUR A "COMPLETE
WITHDRAWAL" (WITHIN THE MEANING OF SECTION 4203 OF ERISA) OR A "PARTIAL
WITHDRAWAL" (WITHIN THE MEANING OF SECTION 4205 OF ERISA) FROM A MULTIEMPLOYER
PLAN SO AS TO INCUR WITHDRAWAL LIABILITY UNDER SECTION 4201 OF ERISA (WITHOUT
REGARD TO SUBSEQUENT REDUCTION OR WAIVER OF SUCH LIABILITY UNDER SECTION 4207 OR
4208 OF ERISA), (E) CONTRIBUTED TO OR BEEN OBLIGATED TO CONTRIBUTE TO A
MULTIEMPLOYER PLAN THAT IS "INSOLVENT" OR IN "REORGANIZATION" (AS THESE TERMS
ARE DEFINED IN TITLE IV OF ERISA), OR (F) BEEN A PARTY TO ANY TRANSACTION OR
AGREEMENT DURING THE PRECEDING FIVE YEARS UNDER WHICH THE PROVISIONS OF SECTION
4204 WERE APPLICABLE.
(D)
THERE ARE NO ACTIONS, SUITS OR CLAIMS PENDING (OTHER THAN ROUTINE
CLAIMS FOR BENEFITS) OR WHICH COULD REASONABLY BE EXPECTED TO BE ASSERTED,
AGAINST ANY PLAN OR THE ASSETS OF ANY SUCH PLAN.
NO CIVIL OR CRIMINAL ACTION
BROUGHT PURSUANT TO THE PROVISIONS OF TITLE I, SUBTITLE B, PART 5 OF ERISA IS
PENDING OR THREATENED AGAINST ANY PLAN OR AGAINST ANY FIDUCIARY OF ANY PLAN.
NONE OF THE PLANS OR ANY FIDUCIARY THEREOF (IN ITS CAPACITY AS SUCH), HAS BEEN
THE DIRECT OR INDIRECT SUBJECT OF ANY AUDIT, INVESTIGATION OR EXAMINATION BY ANY
GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY.
(E)
EXCEPT AS SET FORTH ON SCHEDULE XI, ALL OF THE PLANS COMPLY
CURRENTLY, AND HAVE COMPLIED IN THE PAST, BOTH AS TO FORM AND OPERATION, IN ALL
MATERIAL RESPECTS WITH THEIR TERMS AND WITH THE PROVISIONS OF ERISA AND THE
CODE, AND ALL OTHER APPLICABLE LAWS, RULES AND REGULATIONS (INCLUDING, WITHOUT
LIMITATION, HAVING MADE ALL REQUIRED CONTRIBUTIONS THERETO BY THE DUE DATE
THEREOF); ALL NECESSARY GOVERNMENTAL APPROVALS FOR THE PLANS HAVE BEEN OBTAINED;
AND A FAVORABLE DETERMINATION AS TO THE QUALIFICATION UNDER SECTION 401(A) OF
THE CODE OF EACH OF