Common use of Benefits and Employment Matters Clause in Contracts

Benefits and Employment Matters. None of the following events has occurred or exists: (i) a failure to fulfill the obligations, if any, under the minimum funding standards of Section 302 of the Employee Retirement Income Security Act of 1974, as amended, and the regulations and published interpretations thereunder (collectively, “ERISA”) with respect to a Plan determined without regard to any waiver of such obligations or extension of any amortization period; (ii) an audit or investigation by the Internal Revenue Service, the U.S. Department of Labor, the Pension Benefit Guaranty Corporation or any other federal, state or foreign governmental or regulatory agency with respect to the employment, compensation or benefits of employees of the Company or any Subsidiary that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect; or (iii) any breach or termination of any contractual obligation, or any violation of law or applicable qualification standards, with respect to the employment, compensation or benefits of employees of the Company or any Subsidiary or with respect to a Plan that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect. None of the following events has occurred: (i) a material increase in the aggregate amount of contributions required to be made to all Plans by the Company and the Subsidiaries in the current fiscal year of the Company compared to the amount of such contributions made by the Company and the Subsidiaries in the Company’s most recently completed fiscal year; (ii) a material increase in the “accumulated post-retirement benefit obligations” (within the meaning of Statement of Financial Accounting Standards 106) of the Company and the Subsidiaries compared to the amount of such obligations in the Company’s most recently completed fiscal year; (iii) any event or condition giving rise to a liability under Title IV of ERISA with respect to a Plan that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect; or (iv) the filing of a claim by one or more employees or former employees of the Company or any Subsidiary related to its or their employment with the Company or any Subsidiary that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect. For purposes of this paragraph, the term “Plan” means a plan (within the meaning of Section 3(3) of ERISA) with respect to which the Company or any Subsidiary may have any liability.

Benefits and Employment Matters. None of the following events has occurred or exists: (i) a failure to fulfill the obligations, if any, under the minimum funding standards of Section 302 of the Employee Retirement Income Security Act of 1974, as amended, and the regulations and published interpretations thereunder (collectively, “ERISA”) with respect to a Plan determined without regard to any waiver of such obligations or extension of any amortization period; (ii) an audit or investigation by the Internal Revenue Service, the U.S. Department of Labor, the Pension Benefit Guaranty Corporation or any other federal, state or foreign governmental or regulatory agency with respect to the employment, compensation or benefits of employees of the Company Company, the Operating Partnership or any Subsidiary that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect; or (iii) any breach or termination of any contractual obligation, or any violation of law or applicable qualification standards, with respect to the employment, compensation or benefits of employees of the Company Company, the Operating Partnership or any Subsidiary or with respect to a Plan that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect. None of the following events has occurredoccurred or is reasonably likely to occur: (i) a material increase in the aggregate amount of contributions required to be made to all Plans by the Company and the Subsidiaries in the current fiscal year of the Company Company, the Operating Partnership and any Subsidiary compared to the amount of such contributions made by the Company and the Subsidiaries in the Company’s most recently completed fiscal year; (ii) a material increase in the “accumulated post-retirement benefit obligations” (within the meaning of Statement of Financial Accounting Standards 106) of the Company Company, the Operating Partnership and the Subsidiaries compared to the amount of such obligations in the Company’s most recently completed fiscal year; (iii) any event or condition giving rise to a liability under Title IV of ERISA with respect to a Plan that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect; or (iv) the filing of a claim by one or more employees or former employees of the Company Company, the Operating Partnership or any Subsidiary related to its or their employment with the Company or any Subsidiary that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect. For purposes of this paragraph, the term “Plan” means a plan (within the meaning of Section 3(3) of ERISA) with respect to which the Company Company, the Operating Partnership or any Subsidiary may have any liability.

Benefits and Employment Matters. None of the following events has occurred or exists: (i) except as could not reasonably be expected to result, individually or in the aggregate, in a Material Adverse Effect, (A) a failure to fulfill the obligations, if any, under the minimum funding standards of Section 302 of the Employee Retirement Income Security Act of 1974, as amended, and the regulations and published interpretations thereunder (collectively, “ERISA”) or Section 412 of the Internal Revenue Code of 1986, as amended (the “Code”) with respect to a Plan (as defined below) that is subject to Title IV of ERISA, determined without regard to any waiver of such obligations or extension of any amortization period; (iiB) a non-exempt prohibited transaction with respect to any Plan; (C) an audit or investigation by the Internal Revenue Service, the U.S. Department of Labor, the Pension Benefit Guaranty Corporation (“PBGC”) or any other federal, state or foreign governmental or regulatory agency with respect to the employment, compensation or benefits of employees of the Company or any Subsidiary that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse EffectSubsidiary; or (iiiD) any breach or termination of any contractual obligation, or any violation of law or applicable qualification standards, with respect to the employment, compensation or benefits of employees of the Company or any Subsidiary or with respect to a Plan that Plan, and (ii) except as could not reasonably be expectedexpected to result, individually or in the aggregate, to result in a Material Adverse Effect. None , (A) the fair market value of the following events has occurred: assets of each Plan is less than the present value of all benefits accrued under such Plan (idetermined based on those assumptions used to fund such Plan); (B) except as disclosed in the Registration Statement and the Prospectus, a material increase in the aggregate amount of contributions required to be made to all Plans by the Company and the Subsidiaries in the current fiscal year of the Company and any Subsidiary, or that are anticipated to be made in a future fiscal year of the Company and any Subsidiary, compared to the amount of such contributions made by the Company and the Subsidiaries in the Company’s most recently completed fiscal year; (iiC) a material increase in the “accumulated post-retirement benefit obligations” (within the meaning of Statement of Financial Accounting Standards 106) of the Company and the Subsidiaries compared to the amount of such obligations in the Company’s most recently completed fiscal year; (iiiD) any event or condition giving rise to a liability under Title IV of ERISA with respect to a Plan (other than to make contributions in the ordinary course) or any receipt by the Company or any member of its “Controlled Group” (defined as any entity, whether or not incorporated, that could reasonably is under common control with the Company within the meaning of Section 4001(a)(14) of ERISA or any entity that would be expectedregarded as a single employer with the Company under Section 414(b), individually (c), (m) or (o) of the Code) of a determination that a multiemployer plan (defined as a Plan that is a multiemployer plan as defined in Section 4001(a)(3) of ERISA) is, or is expected to be, “insolvent” (within the meaning of Section 4245 of ERISA), or in endangered or critical status (within the aggregatemeaning of Section 432 of the Code or Section 305 of ERISA); (E) a “reportable event” (within the meaning of Section 4043(c) of ERISA) with respect to a Plan, to result in a Material Adverse Effectnotice of which is not waived by the PBGC; or (iv) the F)the filing of a claim by one or more employees or former employees of the Company or any Subsidiary related to its his, her or their employment with the Company or any Subsidiary that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effectemployment. For purposes of this paragraph, the term “Plan” means a plan (within the meaning of Section 3(3) of ERISA) with respect to which the Company or any Subsidiary member of its Controlled Group has or may reasonably be expected to have any liability.

Benefits and Employment Matters. None of the following events has occurred or exists: (i) a failure to fulfill the obligations, if any, under the minimum funding standards of Section 302 of the Employee Retirement Income Security Act of 1974, as amended, and the regulations and published interpretations thereunder (collectively, “ERISA”) with respect to a Plan determined without regard to any waiver of such obligations or extension of any amortization period; (ii) an audit or investigation by the Internal Revenue Service, the U.S. Department of Labor, the Pension Benefit Guaranty Corporation or any other federal, state or foreign governmental or regulatory agency with respect to the employment, compensation or benefits of employees of the Company Company, the Operating Partnership or any Subsidiary that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect; or (iii) any breach or termination of any contractual obligation, or any violation of law or applicable qualification standards, with respect to the employment, compensation or benefits of employees of the Company Company, the Operating Partnership or any Subsidiary or with respect to a Plan that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect. None of the following events has occurredoccurred or is reasonably likely to occur: (i) a material increase in the aggregate amount of contributions required to be made to all Plans by the Company and the Subsidiaries in the current fiscal year of the Company Company, the Operating Partnership and any Subsidiary compared to the amount of such contributions made by the Company and the Subsidiaries in the Company’s most recently completed fiscal year; (ii) a material increase in the “accumulated post-retirement benefit obligations” (within the meaning of Statement of Financial Accounting Standards 106) of the Company Company, the Operating Partnership and the Subsidiaries in the current fiscal year of the Company, the Operating Partnership and any Subsidiary compared to the amount of such obligations in the Company’s most recently completed fiscal year; (iii) any event or condition giving rise to a liability under Title IV of ERISA with respect to a Plan that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect; or (iv) the filing of a claim by one or more employees or former employees of the Company Company, the Operating Partnership or any Subsidiary related to its or their employment with the Company or any Subsidiary that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect. For purposes of this paragraph, the term “Plan” means a plan (within the meaning of Section 3(3) of ERISA) with respect to which the Company Company, the Operating Partnership or any Subsidiary may have any liability.