Neither Seller nor any ERISA Affiliate of Seller sponsors, maintains or contributes to any Plans or any Multiemployer Plans. Seller is not, and is not using, any assets of a “benefit plan investor” as defined in Department of Labor regulation 29 C.F.R Section 2510.3-101, as modified by Section 3(42) of ERISA (a “Benefit Plan Investor”) and is not using “plan assets” within the meaning of 29 C.F.R. § 2510.3-101, as modified in operation by Section 3(4) of ERISA, in connection with any Transaction.