Common use of Accumulated Funding Deficiency Clause in Contracts

Accumulated Funding Deficiency. Full payment has been made of all amounts which are required under the terms of each Employee Benefit Plan to have been paid as contributions to such Employee Benefit Plan as of the last day of the most recent fiscal year of such Employee Benefit Plan ended on or before the date of this Agreement, and no accumulated funding deficiency (as defined in Section 302 of ERISA and Code Section 412), whether or not waived, exists with respect to any Employee Benefit Plan. The Borrower and each ERISA Affiliate are current with all required installments under Code Section 412.

Appears in 2 contracts

Samples: Loan and Security Agreement (Dunn Computer Corp), Loan and Security Agreement (Template Software Inc)

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Accumulated Funding Deficiency. Full payment has been made of all ------------------------------ amounts which are required under the terms of each Employee Benefit ERISA Plan to have been paid as contributions to such Employee Benefit ERISA Plan as of the last day of the most recent fiscal year of such Employee Benefit ERISA Plan ended on or before the date of this Agreement, and no accumulated funding deficiency (as defined in Section section 302 of ERISA and Code Section 412section 412 of the Code), whether or not waived, exists with respect to any Employee Benefit PlanERISA Plan or any employee pension benefit plan maintained by the Company or a Code Affiliate. The Borrower Company and each ERISA Code Affiliate are is current with all required installments under Code Section 412section 412 (m) of the Code.

Appears in 1 contract

Samples: Armstrong World Industries Inc

Accumulated Funding Deficiency. Full payment has been made of all amounts which are required under the terms of each Employee Benefit Plan to have been been, paid as contributions to such Employee Benefit Plan as of the last day of the most recent fiscal year of such Employee Benefit Plan ended on or before the date dare of this Agreement, and no accumulated funding deficiency (as defined in Section 302 of ERISA and Code Section 412419), whether or not waived, exists with respect to any Employee Benefit Plan. The Plow Each Borrower and each ERISA E~SA Affiliate are current with all required installments under Code Section 412.

Appears in 1 contract

Samples: Loan and Security Agreement (Spacehab Inc \Wa\)

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Accumulated Funding Deficiency. Full payment has been made of all amounts which are required under the terms of each Employee Benefit ERISA Plan to have been paid as contributions to such Employee Benefit ERISA Plan as of the last day of the most recent fiscal year of such Employee Benefit ERISA Plan ended on or before the date of this Agreement, and no accumulated funding deficiency (as defined in Section section 302 of ERISA and Code Section 412section 412 of the Code), whether or not waived, exists with respect to any Employee Benefit PlanERISA Plan or any employee pension benefit plan maintained by the Company or a Code Affiliate. The Borrower Company and each ERISA Code Affiliate are is current with all required installments under Code Section 412section 412(m) of the Code.

Appears in 1 contract

Samples: Note Purchase Agreement (Athens Holdings Inc)

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