Common use of Canadian Pension Plans Clause in Contracts

Canadian Pension Plans. The Canadian Pension Plans are duly registered under the Canadian Tax Act and any other applicable laws which requires registration, have been administered in accordance with the Canadian Tax Act and such other laws and no event has occurred which would reasonably be expected to cause the loss of such registered status, except to the extent that any failure to do so would not reasonably be expected to have a Material Adverse Effect. All material obligations of the Canadian Credit Parties required to be performed by the Canadian Credit Parties in connection with the Canadian Pension Plans have been performed on a timely basis, except to the extent that any failure to do so would not reasonably be expected to have a Material Adverse Effect. There are no outstanding disputes concerning the assets of the Canadian Pension Plans which would reasonably be expected to have a Material Adverse Effect. No promises of benefit improvements under the Canadian Pension Plans have been made except where such improvement would not reasonably be expected to have a Material Adverse Effect. All contributions or premiums required to be made or paid by the Canadian Credit Parties to the Canadian Pension Plans have been made on a timely basis in accordance with the terms of such plans and all applicable laws, except to the extent that any failure to do so would not reasonably be expected to have a Material Adverse Effect. There have been no improper withdrawals or applications of the assets of the Canadian Pension Plans and each of the Canadian Pension Plans is being fully funded in accordance with all minimum funding standards on a solvency basis and going concern basis (using actuarial methods and assumptions which are consistent with the valuations last filed with the applicable Governmental Authorities) except to the extent that the failure to do so would not reasonably be expected to have a Material Adverse Effect. Any assessments owed to the Pension Benefits Guarantee Fund established under the Pension Benefits Act (Ontario), or other assessments or payments required under similar legislation in any other jurisdiction, have been paid when due, except to the extent that any failure to do so would not reasonably be expected to have a Material Adverse Effect. As of the Closing Date, no Canadian Credit Party sponsors, maintains or contributes to, or at any time in the six-year period preceding the Closing Date has sponsored, maintained, or contributed to any “multi-employer pension plan” as such term is defined in the Pension Benefits Act (Ontario).

Appears in 2 contracts

Samples: Credit Agreement (Patheon Holdings Cooperatief U.A.), Credit Agreement (Patheon Inc)

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Canadian Pension Plans. The Each Canadian Pension Plans are duly registered under Plan of the Restricted Credit Parties is in substantial compliance with all applicable pension benefits and Tax Laws. As of the date of the last completed actuarial evaluation, no Canadian Tax Act and Plan of the Restricted Credit Parties had any other applicable laws which requires registration, have been administered unfunded liability determined in accordance with all Applicable Laws and using assumptions and methods that are appropriate in the circumstances and in accordance with generally accepted actuarial principles and practices in Canada in connection with an on-going Canadian Tax Act Plan, except for any such unfunded liability that is being amortized in accordance with Applicable Laws. All contributions, including any special payments to amortize any unfunded liability, required to have been made in accordance with all Applicable Laws and such other laws and no the terms of each Canadian Plan have been made. No event has occurred which would and no condition exists with respect to any Canadian Plan that has resulted or is reasonably likely to result in any Canadian Plan being ordered or required to be expected wound up in whole pursuant to cause any applicable pension benefits Laws or having its registration revoked or refused for the loss purposes of such registered statusany applicable pension benefits or Tax Laws or being placed under the administration of any relevant pension benefits regulatory authority or being required to pay any Taxes or penalties under any applicable pension benefits or Tax Laws except, except to the extent that any failure to do so in each case, as would not reasonably be expected to have a Material Adverse Effect. All material obligations of the Canadian Credit Parties required to be performed by the Canadian Credit Parties in connection with the Canadian Pension Plans have been performed on a timely basisNo event has occurred and no condition exists that has resulted, except to the extent that any failure to do so would not or could reasonably be expected to have result, in any Restricted Credit Party being required to pay, repay or refund any amount (other than contributions required to be made or benefits or expenses required to be paid in the ordinary course) to or on account of any Canadian Plan or a Material Adverse Effect. There are no outstanding disputes concerning the assets of the Canadian Pension Plans which would current or former member thereof where such requirement to pay, repay or refund could reasonably be expected to have a Material Adverse Effect. No promises of benefit improvements under the Canadian Pension Plans have been made except where such improvement would not event has occurred and no condition exists that has resulted, or could reasonably be expected to have result, in a Material Adverse Effect. All contributions or premiums required to be payment being made or paid by the Canadian Credit Parties to the Canadian Pension Plans have been made on out of a timely basis in accordance with the terms of such plans and all applicable laws, except to the extent that any failure to do so would not reasonably be expected to have a Material Adverse Effect. There have been no improper withdrawals or applications of the assets of the Canadian Pension Plans and each of the Canadian Pension Plans is being fully funded in accordance with all minimum funding standards on a solvency basis and going concern basis (using actuarial methods and assumptions which are consistent with the valuations last filed with the applicable Governmental Authorities) except to the extent that the failure to do so would not reasonably be expected to have a Material Adverse Effect. Any assessments owed to the Pension Benefits Guarantee Fund guarantee fund established under the Pension Benefits Act (Ontario), or other assessments or payments required under similar legislation any applicable pension benefits Laws in any other jurisdiction, have been paid when due, except to the extent that any failure to do so would not reasonably be expected to have respect of a Material Adverse Effect. As of the Closing Date, no Canadian Credit Party sponsors, maintains or contributes to, or at any time in the six-year period preceding the Closing Date has sponsored, maintained, or contributed to any “multi-employer pension plan” as such term is defined in the Pension Benefits Act (Ontario)Plan.

Appears in 2 contracts

Samples: Credit Agreement (Cgi Group Inc), Credit Agreement (Cgi Group Inc)

Canadian Pension Plans. The Canadian Pension Plans are duly registered under the Canadian Tax Act and any other applicable laws which requires registration, have been administered in accordance with the Canadian Tax Act and such other laws and no event has occurred which would reasonably be expected to cause the loss of such registered status, except to the extent that any failure to do so would not reasonably be expected to have a Material Adverse Effect. All material obligations of the Canadian Credit Parties Borrower Group required to be performed by the Canadian Credit Parties Borrower Group in connection with the Canadian Pension Plans have been performed on a timely basis, except to the extent that any failure to do so would not reasonably be expected to have a Material Adverse Effect. There are no outstanding disputes concerning the assets of the Canadian Pension Plans which would reasonably be expected to have a Material Adverse Effect. No promises of benefit improvements under the Canadian Pension Plans have been made except where such improvement would not reasonably be expected to have a Material Adverse Effect. All contributions or premiums required to be made or paid by the Canadian Credit Parties Borrower Group to the Canadian Pension Plans have been made on a timely basis in accordance with the terms of such plans and all applicable laws, except to the extent that any failure to do so would not reasonably be expected to have a Material Adverse Effect. There have been no improper withdrawals or applications of the assets of the Canadian Pension Plans and Plan, each of the Canadian Pension Plans is being fully funded in accordance with all minimum funding standards on a solvency basis and going concern basis (using actuarial methods and assumptions which are consistent with the valuations last filed with the applicable Governmental Authorities) except to the extent that the failure to do so would not reasonably be expected to have a Material Adverse Effect). Any assessments owed to the Pension Benefits Guarantee Fund established under the Pension Benefits Act (Ontario), or other assessments or payments required under similar legislation in any other jurisdiction, have been paid when due, except to the extent that any failure to do so would not reasonably be expected to have a Material Adverse Effect. As of the Closing Effective Date, no member of the Canadian Credit Party Borrower Group sponsors, maintains or contributes to, or at any time in the six-year period preceding the Closing Date date hereof has sponsored, maintained, or contributed to any “multi-employer pension plan” as such term is defined in the Pension Benefits Act (Ontario). No member of the Canadian Borrower Group sponsors, maintains or contributes to any plan which is considered to be a pension plan within the meaning of the Pension Benefits Act (Ontario) other than the Canadian Pension Plans.

Appears in 1 contract

Samples: Intercreditor Agreement (Patheon Inc)

Canadian Pension Plans. The To the extent applicable, each of Canada Sub and the other Loan Parties is in compliance with the requirements of the Pension Benefits Standards Act (British Columbia), Pension Benefits Act (Ontario) and other federal or provincial laws with respect to each Canadian Pension Plans are duly registered under the Canadian Tax Act and any other applicable laws which requires registration, have been administered in accordance with the Canadian Tax Act and such other laws and no event has occurred which would reasonably be expected to cause the loss of such registered statusPlan, except to where the extent that any failure to do so comply would not reasonably be expected to have a Material Adverse Effect. All material obligations For greater certainty, all breaches of fiduciary duty owed to the members of any Canadian Credit Parties required Pension Plan or Canadian Union Plan by Canada Sub or any other Loan Party are deemed to have a Material Adverse Effect for the purposes of this Section. No fact or situation that may reasonably be performed by expected to result in a Material Adverse Effect or would entitle the Governmental Authority to order the wind up of a Canadian Credit Parties Pension Plan exists in connection with the any Canadian Pension Plans have been performed on Plan. None of Canada Sub nor the other Loan Parties has any material withdrawal liability in connection with a timely basis, except Canadian Pension Plan. No Canadian Pension Event or Foreign Pension Event which has resulted or could reasonably be expected to the extent that result in any failure to do so would Loan Party incurring any liability in excess of $1,000,000 has occurred. Except as could not reasonably be expected to have result, individually or in the aggregate, in a Material Adverse Effect. There are no outstanding disputes concerning the assets of the Canadian Pension Plans which would reasonably , all contributions required to be expected to have made by a Material Adverse Effect. No promises of benefit improvements Loan Party under the Canadian Pension Union Plans have been made except where such improvement would and the sole obligation of a Loan Party under any Canadian Union Plan is to make contributions to the Canadian Union Plan, in the amounts and in the manner set forth in the applicable collective agreement. As of the date hereof, each Canadian Pension Plan has no solvency deficiency and is funded as required under the most recent actuarial valuation filed with the applicable Governmental Authority pursuant to generally accepted actuarial practices and principles. Except as could not reasonably be expected to have result, individually or in the aggregate, in a Material Adverse Effect. All , all contributions (including employee contributions made by authorized payroll deductions or premiums other withholdings) required to be made or paid by the Canadian Credit Parties to the Canadian Pension Plans have been made on a timely basis in accordance with the terms of such plans and all applicable laws, except to the extent that any failure to do so would not reasonably be expected to have a Material Adverse Effect. There have been no improper withdrawals or applications of the assets of the Canadian Pension Plans and each of the Canadian Pension Plans is being fully funded appropriate funding agency in accordance with all minimum funding standards on a solvency basis applicable laws and going concern basis (using actuarial methods and assumptions which are consistent with the valuations last filed with the applicable Governmental Authorities) except to the extent that the failure to do so would not reasonably be expected to have a Material Adverse Effect. Any assessments owed to the terms of each Canadian Pension Benefits Guarantee Fund established under the Pension Benefits Act (Ontario), or other assessments or payments required under similar legislation in any other jurisdiction, Plan have been paid when due, except to made in accordance with all applicable laws and the extent that any failure to do so would not reasonably be expected to have a Material Adverse Effect. As terms of the Closing Date, no each Canadian Credit Party sponsors, maintains or contributes to, or at any time in the six-year period preceding the Closing Date has sponsored, maintained, or contributed to any “multi-employer pension plan” as such term is defined in the Pension Benefits Act (Ontario)Plan.

Appears in 1 contract

Samples: Credit Agreement (G Iii Apparel Group LTD /De/)

Canadian Pension Plans. The Canadian Pension Plans are duly registered under the Canadian Income Tax Act (Canada) and any other applicable laws Requirement of Law which requires registration, have been administered in accordance with to the Canadian Tax Act and such other laws knowledge of any Responsible Officer of the Parent or the Borrower require registration and no event has occurred which would is reasonably be expected likely to cause the loss of such registered status. As of the date hereof, except to the extent that any failure to do so would not reasonably be expected to have a Material Adverse Effect. All material all material, if any, obligations of the Canadian Credit Parties each Loan Party (including fiduciary, funding, investment and administration obligations) required to be performed by the Canadian Credit Parties pursuant to a Requirement of Law in connection with the Canadian Pension Plans and the funding agreements therefor have been performed on in a timely basis, except to the extent that any failure to do so would not reasonably be expected to have a Material Adverse Effect. There are no outstanding disputes concerning the assets of the Canadian Pension Plans which would reasonably be expected to have a Material Adverse Effect. No promises of benefit improvements under the Canadian Pension Plans have been made except where such improvement would not reasonably be expected to have a Material Adverse Effect. All contributions or premiums required to be made or paid by the Canadian Credit Parties to the Canadian Pension Plans have been made on a timely basis in accordance with the terms of such plans and all applicable laws, except to the extent that any failure to do so would not reasonably be expected to have a Material Adverse Effectfashion. There have been no improper withdrawals or applications of the assets of the Canadian Pension Plans and each of or the Canadian Benefit Plans. Except as would not reasonably be expected to result in a Material Adverse Effect, (i) there are no outstanding disputes concerning the assets held under the funding agreements for the Canadian Pension Plans or the Canadian Benefit Plans and (ii) each Canadian Pension Plan is being fully funded in accordance with all minimum funding standards both on an ongoing basis and on a solvency basis and going concern basis (using actuarial methods and assumptions which are consistent with the valuations last filed with the applicable Governmental AuthoritiesAuthorities and which are consistent with generally accepted actuarial principles). Schedule 4.14 hereto sets forth as of the Closing Date (x) the current funding status of the Canadian Pension Plans that are defined benefit plans and that are not fully funded on a going concern or solvency basis based on generally accepted actuarial principles and (y) the payment schedule, where a payment schedule is required at law to reduce the unfunded liabilities. No promises of benefit improvements under the Canadian Pension Plans or the Canadian Benefit Plans have been made except to the extent that the failure to do so where such improvement would not reasonably be expected to have a Material Adverse Effect. Any assessments owed All contributions or premiums required to be made or paid by each Loan Party, if any, to the Canadian Pension Benefits Guarantee Fund established under Plans or the Pension Benefits Act (Ontario), or other assessments or payments required under similar legislation in any other jurisdiction, Canadian Benefit Plans have been made or paid when due, except in a timely fashion in accordance with the terms of such plans and all Requirements of Law. All employee contributions to the extent that Canadian Pension Plans or the Canadian Benefit Plans by way of authorized payroll deduction or otherwise have been properly withheld or collected and fully paid into such plans in a timely manner. All material reports and disclosures relating to the Canadian Pension Plans required by such plans and any failure Requirement of Law to do so would not reasonably be expected filed or distributed have been filed or distributed in a timely manner. Each Loan Party has withheld all employee withholdings and has made all employer contributions to have a Material Adverse Effect. As be withheld and made by it pursuant to applicable law on account of the Closing Date, no Canadian Credit Party sponsors, maintains or contributes to, or at any time in the six-year period preceding the Closing Date has sponsored, maintained, or contributed to any “multi-employer pension plan” as such term is defined in the Pension Benefits Act (Ontario)Plans employment insurance and employee income taxes.

Appears in 1 contract

Samples: Credit Agreement (Pope & Talbot Inc /De/)

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Canadian Pension Plans. The Canadian Pension Plans are duly registered under the Canadian Tax Act and any other applicable laws which requires registration, have been administered in accordance with the Canadian Tax Act and such other laws and no event has occurred which would reasonably be expected to cause the loss of such registered status, except (a) Except to the extent that any failure one or more failures of the following representations and warranties contained in this subsection 7.19 to do so would not be true and correct could not, in the aggregate, reasonably be expected to have a Material Adverse Effect. All material obligations adverse effect on the business, operations, property or financial or other condition of the Sifto Group: (i) each Canadian Credit Parties Pension Plan is in compliance in all material respects with all applicable pension benefits and tax laws; (ii) no Canadian Pension Plan has any unfunded liabilities (either on a "going concern" or on a "winding up" basis and determined in accordance with all applicable laws and using assumptions and methods that are appropriate in the circumstances and in accordance with generally accepted actuarial principles and practices in Canada); (iii) all contributions (including any special payments to amortize any unfunded liabilities and employee contributions made by authorized payroll deductions) required to be performed by made to the Canadian Credit Parties appropriate funding agency in connection accordance with all applicable laws and the terms of each Canadian Pension Plans have been performed on a timely basis, except to the extent that any failure to do so would not reasonably be expected to have a Material Adverse Effect. There are no outstanding disputes concerning the assets of the Canadian Pension Plans which would reasonably be expected to have a Material Adverse Effect. No promises of benefit improvements under the Canadian Pension Plans Plan have been made except where in accordance with all applicable laws and the terms of each Canadian Pension Plan; (iv) no event has occurred and no condition exists with respect to any Canadian Pension Plan that has resulted or could result in any Canadian Pension Plan being ordered or required to be wound up in whole or in part pursuant to any applicable pension benefits laws or having its registration revoked or refused for the purposes of any applicable pension benefits or tax laws or being placed under the administration of any relevant pension benefits regulatory authority or being required to pay any taxes or penalties under any applicable pension benefits or tax laws; (v) no order has been made and no notice has been given pursuant to any applicable pension benefits or tax laws in respect of any Canadian Pension Plan requiring (or proposing to require) any Person to take or to refrain from taking any action in respect thereof or that there has (or there are circumstances that indicate that there has) been a contravention of any such improvement would not reasonably be expected applicable laws; (vi) no event has occurred and no condition exists which has resulted or could result in any Borrower being required to have a Material Adverse Effect. All pay, repay or refund any amount (other than contributions or premiums required to be made or benefits or expenses required to be paid by in the Canadian Credit Parties ordinary course) to the or on account of any Canadian Pension Plans have been Plan or a current or former member thereof; and (vii) no event has occurred and no condition exists that has resulted or could result in a payment being made on out of a timely basis guarantee fund established under any applicable pension benefits laws in accordance with the terms respect of such plans and all applicable laws, except to the extent that any failure to do so would not reasonably be expected to have a Material Adverse Effect. There have been no improper withdrawals or applications of the assets of the Canadian Pension Plans and each of the Canadian Pension Plans is being fully funded in accordance with all minimum funding standards on a solvency basis and going concern basis (using actuarial methods and assumptions which are consistent with the valuations last filed with the applicable Governmental Authorities) except to the extent that the failure to do so would not reasonably be expected to have a Material Adverse Effect. Any assessments owed to the Pension Benefits Guarantee Fund established under the Pension Benefits Act (Ontario), or other assessments or payments required under similar legislation in any other jurisdiction, have been paid when due, except to the extent that any failure to do so would not reasonably be expected to have a Material Adverse Effect. As of the Closing Date, no Canadian Credit Party sponsors, maintains or contributes to, or at any time in the six-year period preceding the Closing Date has sponsored, maintained, or contributed to any “multi-employer pension plan” as such term is defined in the Pension Benefits Act (Ontario)Plan.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Harris Chemical North America Inc)

Canadian Pension Plans. The Each of Canada Sub, the other Loan Parties and their respective Subsidiaries is in compliance with the requirements of the Pension Benefits Standards Act (British Columbia) and other federal or provincial laws with respect to each Canadian Pension Plans are duly registered under the Canadian Tax Act and any other applicable laws which requires registration, have been administered in accordance with the Canadian Tax Act and such other laws and no event has occurred which would reasonably be expected to cause the loss of such registered statusPlan, except to where the extent that any failure to do so comply would not reasonably be expected to have a Material Adverse Effect. All material obligations For greater certainty, all breaches of fiduciary duty owed to the Canadian Credit Parties required to be performed by the Canadian Credit Parties in connection with the members of any Canadian Pension Plans have been performed on a timely basisPlan or Canadian Union Plan by Canada Sub, except to the extent that any failure to do so would not reasonably be expected other Loan Party or any of their respective Subsidiaries are deemed to have a Material Adverse EffectEffect for the purposes of this Section. There are no outstanding disputes concerning the assets of the Canadian Pension Plans which would No fact or situation that may reasonably be expected to have result in a Material Adverse EffectEffect or would entitle the Governmental Authority to order the wind up of a Canadian Pension Plan exists in connection with any Canadian Pension Plan. None of Canada Sub, the other Loan Parties or any of their respective Subsidiaries has any material withdrawal liability in connection with a Canadian Pension Plan. No promises Canadian Pension Event or Foreign Pension Event which has resulted or could reasonably be expected to result in any Loan Party or any of benefit improvements their Subsidiaries incurring any liability in excess of $1,000,000 has occurred. All contributions required to be made by a Loan Party or any of its Subsidiaries under the Canadian Pension Union Plans have been made except where such improvement would not reasonably be expected to have a Material Adverse Effectin the amounts and in the manner set forth in the applicable collective agreement. All contributions or premiums required to be made or paid by As of the Canadian Credit Parties to the date hereof, each Canadian Pension Plans have been made on a timely basis in accordance with Plan has no solvency deficiency and is funded as required under the terms of such plans and all applicable laws, except to the extent that any failure to do so would not reasonably be expected to have a Material Adverse Effect. There have been no improper withdrawals or applications of the assets of the Canadian Pension Plans and each of the Canadian Pension Plans is being fully funded in accordance with all minimum funding standards on a solvency basis and going concern basis (using most recent actuarial methods and assumptions which are consistent with the valuations last valuation filed with the applicable Governmental AuthoritiesAuthority pursuant to generally accepted actuarial practices and principles. All contributions (including employee contributions made by authorized payroll deductions or other withholdings) except required to be made to the extent that appropriate funding agency in accordance with all applicable laws and the failure terms of each Canadian Pension Plan have been made in accordance with all applicable laws and the terms of each Canadian Pension Plan. All contributions required to do so would not reasonably be expected made by a Loan Party or any of its Subsidiaries under the Canadian Union Plans have been made, and the sole obligation of a Loan Party or any of its Subsidiaries under any Canadian Union Plan is to have a Material Adverse Effect. Any assessments owed make contributions to the Pension Benefits Guarantee Fund established under the Pension Benefits Act (Ontario)Canadian Union Plan, or other assessments or payments required under similar legislation in any other jurisdiction, have been paid when due, except to the extent that any failure to do so would not reasonably be expected to have a Material Adverse Effect. As of the Closing Date, no Canadian Credit Party sponsors, maintains or contributes to, or at any time in the six-year period preceding the Closing Date has sponsored, maintained, or contributed to any “multi-employer pension plan” as such term is defined amounts and in the Pension Benefits Act (Ontario)manner set forth in the applicable collective agreement.

Appears in 1 contract

Samples: Credit Agreement (G Iii Apparel Group LTD /De/)

Canadian Pension Plans. The Canadian Pension Plans are duly registered under the Canadian Income Tax Act (Canada) and any all other applicable laws which requires registration, have been administered in accordance with the Canadian Tax Act and such other laws require registration and no event has occurred which would is reasonably be expected likely to cause the loss of such registered statusstatus and no Canadian Pension Plan provides benefits on a defined benefit basis except any Canadian Pension Plans assumed or established after the Closing Date pursuant to one or more Permitted Acquisitions. All material obligations of each Loan Party (including fiduciary, funding, investment and administration obligations) required to be performed in connection with the Canadian Pension Plans and Canadian Benefit Plans and any funding agreements therefor under the terms thereof or applicable Laws have been performed in a timely fashion, and Canadian Pension Plans which provide benefits on a defined benefit basis assumed or established after the Closing Date pursuant to one or more Permitted Acquisitions have no solvency deficiencies, except to where (i) the extent that any failure to do so would (or such solvency deficiencies) could not reasonably be expected to have a Material Adverse Effect. All material obligations of the Canadian Credit Parties required Effect and (ii) no Lien (other than Liens permitted pursuant to be performed by the Canadian Credit Parties in connection with the Canadian Pension Plans have been performed on a timely basis, except to the extent that any failure to do so would not reasonably be expected to have a Material Adverse Effect. There are no outstanding disputes concerning the assets of the Canadian Pension Plans which would reasonably be expected to have a Material Adverse EffectSection 7.01) is created thereby. No promises of benefit improvements under the Canadian Pension Plans have been made except where such improvement would not reasonably be expected to have a Material Adverse Effect. All contributions or premiums required to be made or paid by the Canadian Credit Parties to the Canadian Pension Plans have been made on a timely basis in accordance with the terms of such plans and all applicable laws, except to the extent Termination Event has occurred that any failure to do so would not could reasonably be expected to have a Material Adverse Effect. There have been no improper 113 withdrawals or applications of the assets of the Canadian Pension Plans and each of or the Canadian Pension Benefit Plans is being fully funded in accordance with all minimum funding standards on a solvency basis and going concern basis (using actuarial methods and assumptions which are consistent with the valuations last filed with the applicable Governmental Authorities) by any Loan Party or its Affiliates except to the extent that the failure to do so would where such withdrawals or applications could not reasonably be expected to have a Material Adverse Effect. Any assessments owed to There are no material outstanding disputes involving any Loan Party or its Affiliates concerning the assets of the Canadian Pension Benefits Guarantee Fund established under Plans or the Pension Benefits Act (Ontario), or other assessments or payments required under similar legislation in any other jurisdiction, have been paid when due, Canadian Benefit Plans except to the extent that any failure to do so would where such disputes could not reasonably be expected to have a Material Adverse Effect. As Except as disclosed in Schedule 5.25 hereto or otherwise disclosed in writing after the date hereof to the Administrative Agent, in each case based on the most recent actuarial valuations filed with Government Authorities, each of the Closing Date, no Canadian Credit Party sponsors, maintains or contributes to, or at any time in Pension Plans was fully funded on a solvency basis as of the six-year period preceding the Closing Date has sponsored, maintained, or contributed to any “multi-employer pension plan” as date of such term is defined in the Pension Benefits Act (Ontario)actuarial valuations.

Appears in 1 contract

Samples: Credit Agreement (Nortek Inc)

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