Common use of Compliance with ERISA Clause in Contracts

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 57 contracts

Samples: Credit Agreement (Capitalsource Inc), Credit Agreement (American Capital Strategies LTD), Credit Agreement (Capitalsource Inc)

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Compliance with ERISA. (a) The Borrower Loan Parties and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 25 contracts

Samples: Credit Agreement (Triangle Capital CORP), Credit Agreement (St Joe Co), Credit Agreement (Usa Truck Inc)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA, except where any such failure does not involve an aggregate amount in excess of $2,500,000.

Appears in 9 contracts

Samples: Credit Agreement (Gables Realty Limited Partnership), Credit Agreement (Post Apartment Homes Lp), Credit Agreement (Gables Residential Trust)

Compliance with ERISA. (a) The Borrower and each Each member of the Controlled Group have has fulfilled their its obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are is in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have has not incurred any liability liabilities which are due and payable aggregating in excess of $5,000,000 to the PBGC or a Plan under Title IV of ERISA.

Appears in 9 contracts

Samples: Assignment and Assumption (Bemis Co Inc), Credit Agreement (Bemis Co Inc), Credit Agreement (Bemis Co Inc)

Compliance with ERISA. (a) The Borrower Loan Parties and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 8 contracts

Samples: Credit Agreement (Bassett Furniture Industries Inc), Credit Agreement (Gladstone Commercial Corp), Credit Agreement (Bassett Furniture Industries Inc)

Compliance with ERISA. (a) The Borrower Company and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 7 contracts

Samples: Credit Agreement (Valspar Corp), Credit Agreement (Valspar Corp), Credit Agreement (Valspar Corp)

Compliance with ERISA. (a) The Borrower Parent and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 6 contracts

Samples: Credit Agreement (Airborne Inc /De/), Credit and Security Agreement (Commscope Inc), Credit Agreement (Valspar Corp)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have has not incurred any liability to the PBGC or a Plan under Title IV of ERISA. Neither the Borrower nor any member of the Controlled Group has incurred any material withdrawal liability with respect to any Multiemployer Plan under Title IV of ERISA, and no such material liability is expected to be incurred.

Appears in 6 contracts

Samples: Credit Agreement (Leggett & Platt Inc), Credit Agreement (Leggett & Platt Inc), Credit Agreement (Leggett & Platt Inc)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any material liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 6 contracts

Samples: Credit Agreement (Atlantic American Corp), Credit Agreement (Trion Inc), Credit Agreement (Atlantic American Corp)

Compliance with ERISA. (a) The Borrower Parent, Corp. and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 6 contracts

Samples: Credit Agreement (Mbia Inc), Credit Agreement (Mbia Inc), Credit Agreement (Mbia Inc)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations in all material respects under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA. Neither the Borrower nor any member of the Controlled Group is or ever has been obligated to contribute to any Multiemployer Plan.

Appears in 5 contracts

Samples: Credit Agreement (Star Buffet Inc), Credit Agreement (Star Buffet Inc), Credit Agreement (Star Buffet Inc)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 5 contracts

Samples: Credit Agreement (Home Depot Inc), Credit Agreement (Home Depot Inc), Bridge Loan Agreement (Pentair Inc)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA; and no “prohibited transaction” or “reportable event” (as such terms are defined in ERISA) has occurred with respect to any Plan.

Appears in 4 contracts

Samples: Credit Agreement (Cybex International Inc), Credit Agreement (Cybex International Inc), Credit Agreement (Cybex International Inc)

Compliance with ERISA. (a) The Borrower Borrowers and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 4 contracts

Samples: Credit Agreement (Crown Crafts Inc), Credit Agreement (Amli Residential Properties Trust), Credit Agreement (Southern Electronics Corp)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA. Neither the Borrower nor any member of the Controlled Group is or ever has been obligated to contribute to any Multiemployer Plan.

Appears in 4 contracts

Samples: Business Loan and Security Agreement (Community Bankshares Inc /Ga/), Credit Agreement (Synalloy Corp), Credit and Security Agreement (Thomaston Mills Inc)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any unsatisfied liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 4 contracts

Samples: Credit Agreement (Cadmus Communications Corp/New), Credit Agreement (Cadmus Communications Corp/New), Credit Agreement (Cadmus Communications Corp/New)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group (excluding Foreign Subsidiaries of the Borrower) have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 4 contracts

Samples: Credit Agreement (Modine Manufacturing Co), Credit Agreement (Modine Manufacturing Co), Credit Agreement (Modine Manufacturing Co)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the CodeCode (except where such noncompliance could not reasonably be expected to have a Material Adverse Effect), and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 4 contracts

Samples: 364 Day Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 4 contracts

Samples: Credit Agreement (Global Payments Inc), Credit Agreement (National Data Corp), Credit Agreement (National Data Corp)

Compliance with ERISA. (ai) The Borrower Tenant and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 3 contracts

Samples: Master Lease (Carmike Cinemas Inc), Master Lease (Carmike Cinemas Inc), Master Lease (Helmstar Group Inc)

Compliance with ERISA. (a) The Borrower and each member --------------------- of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 3 contracts

Samples: Credit Agreement (Us Xpress Enterprises Inc), Credit Agreement (JDN Realty Corp), Credit Agreement (JDN Realty Corp)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA; and no "prohibited transaction" or "reportable event" (as such terms are defined in ERISA) has occurred with respect to any Plan.

Appears in 3 contracts

Samples: Credit Agreement (Moore Handley Inc /De/), Revolving Credit Agreement (First Empire State Corp), Loan Agreement (Image Guided Technologies Inc)

Compliance with ERISA. (a) The Borrower a)The Loan Parties and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 3 contracts

Samples: Credit Agreement (MSC Income Fund, Inc.), Credit Agreement (Main Street Capital CORP), Credit Agreement (MSC Income Fund, Inc.)

Compliance with ERISA. (a) The Parent Borrower and each member of the Controlled Group its Subsidiaries and ERISA Affiliates have fulfilled their respective obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a any Plan under Title IV or Multiemployer Plan (other than to make contributions in the ordinary course of ERISAbusiness).

Appears in 3 contracts

Samples: Credit Agreement (Endurance Specialty Holdings LTD), Term Loan Agreement (Endurance Specialty Holdings LTD), Credit Agreement (Endurance Specialty Holdings LTD)

Compliance with ERISA. (a) The Each Borrower and each member of the Controlled Group its Subsidiaries and ERISA Affiliates have fulfilled their respective obligations (if any) under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a any Plan under Title IV or Multiemployer Plan (other than to make contributions in the ordinary course of ERISAbusiness).

Appears in 2 contracts

Samples: Credit Agreement (Partnerre LTD), Credit Agreement (Partnerre LTD)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA, except where the failure to comply does not have and could not reasonably be expected to cause a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Russell Corp), Credit Agreement (Russell Corp)

Compliance with ERISA. (a) The Each of the Borrower, each other member of the Borrower Affiliated Group, and each member of the Controlled Group Group, have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA; and no Prohibited Transaction or Reportable Event has occurred with respect to any Plan.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Gamestop Corp), Revolving Credit Agreement (Gamestop Corp)

Compliance with ERISA. (a1) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 2 contracts

Samples: Credit Agreement (Carmike Cinemas Inc), Credit Agreement (Carmike Cinemas Inc)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC (other than the payment. of premiums under Section 4007 of ERISA) or a Plan under Title IV of ERISA.

Appears in 2 contracts

Samples: Credit Agreement (Starrett L S Co), Credit Agreement (Starrett L S Co)

Compliance with ERISA. (a) The Borrower Borrowers and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the CodeCode with respect to such Plan, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISAERISA in an aggregate amount in excess of the amount permitted by Section 6.01(i).

Appears in 2 contracts

Samples: Credit Agreement (National Service Industries Inc), Credit Agreement (National Service Industries Inc)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any material liability to the PBGC or a Plan under Title IV of ERISAERISA that has not been satisfied in a timely manner.

Appears in 2 contracts

Samples: Credit Agreement (Guilford Mills Inc), Credit Agreement (Guilford Mills Inc)

Compliance with ERISA. (a) The Borrower and each member --------------------- of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the CodeCode (except where such noncompliance could not reasonably be expected to have a Material Adverse Effect), and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 2 contracts

Samples: Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISAERISA (other than the payment of premiums), except for any instances of non-compliance or any liability, neither of which has and could not reasonably be expected to cause a Material Adverse Effect or an Event of Default.

Appears in 2 contracts

Samples: Credit Agreement (Gerber Scientific Inc), Credit Agreement (Gerber Scientific Inc)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the CodeCode except where any such non-compliance would not result in a Material Adverse Effect, and and, except as set forth in Schedule 4.06, have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 2 contracts

Samples: Credit Agreement (Springs Industries Inc), Credit Agreement (Springs Industries Inc)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group its Subsidiaries and ERISA Affiliates have fulfilled their respective obligations (if any) under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a any Plan under Title IV or Multiemployer Plan (other than to make contributions in the ordinary course of ERISAbusiness).

Appears in 1 contract

Samples: Loan Agreement (Partnerre LTD)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations obligations, if any, under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any material liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 1 contract

Samples: Credit Agreement (Liberty Corp)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any material liability to the PBGC or a Plan under Title IV of ERISAERISA that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Atlantic American Corp)

Compliance with ERISA. (a) The Indirect Parent, the --------------------- Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 1 contract

Samples: Credit Agreement (Mohawk Industries Inc)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group ERISA Affiliate have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Papers Inc)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 1 contract

Samples: Secured Revolving Credit Agreement (MVC Capital, Inc.)

Compliance with ERISA. (aA) The Borrower Loan Parties and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 1 contract

Samples: Credit Agreement (Gladstone Commercial Corp)

Compliance with ERISA. (a) The Holdings and Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 1 contract

Samples: Loan and Security Agreement (Atlantic Coast Airlines Holdings Inc)

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Compliance with ERISA. (a) The Borrower Borrowers and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISAERISA that has not been appropriately accrued for.

Appears in 1 contract

Samples: Credit and Security Agreement (Belden Inc)

Compliance with ERISA. (a) The Borrower and each member ---------------------- of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 1 contract

Samples: Credit Agreement (JDN Realty Corp)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have Subsidiary has fulfilled their obligations its obligations, if any, under the minimum funding standards of ERISA and the Code with respect to each Plan maintained by it, and are each Plan is otherwise in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 1 contract

Samples: Credit Agreement (Target Corp)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 1 contract

Samples: Credit Agreement (Hancock Fabrics Inc)

Compliance with ERISA. (a) The Borrower and each member of the --------------------- Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA; and no "prohibited transaction" or "reportable event" (as such terms are defined in ERISA) has occurred with respect to any Plan.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ameriquest Technologies Inc)

Compliance with ERISA. (a) The Borrower and each member of the --------------------- Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 1 contract

Samples: Loan Agreement (Pharmaceutical Product Development Inc)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the CodeCode (except where such noncompliance could not reasonably be expected to have a Material Adverse Effect), and have not incurred any liability to the PBGC or a Plan under Title IV of ERISAERISA (other than premiums payable to the PBGC in the normal course).

Appears in 1 contract

Samples: Credit Agreement (Mohawk Industries Inc)

Compliance with ERISA. (a) The Borrower Loan Parties and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 1 contract

Samples: Credit Agreement (Bassett Furniture Industries Inc)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability which has not been extinguished to the PBGC or a Plan under Title IV of ERISA, other than a liability to the PBGC for premiums not yet due or a liability to a Plan for contributions not yet due.

Appears in 1 contract

Samples: Credit Agreement (Kemet Corporation)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations obligations, if any, under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 1 contract

Samples: Day Credit Agreement (Liberty Corp)

Compliance with ERISA. (ai) The Borrower Company and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the such presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISAprovisions.

Appears in 1 contract

Samples: Revolving Credit Agreement (Leggett & Platt Inc)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have Subsidiary has fulfilled their obligations its obligations, if any, under the minimum funding standards of ERISA and the Code with respect to each Plan maintained by it and are each Plan is otherwise in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 1 contract

Samples: Credit Agreement (Target Corp)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group (excluding Foreign Subsidiaries of the Borrower) have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISAPBGC.

Appears in 1 contract

Samples: Credit Agreement and Waiver (Modine Manufacturing Co)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their known obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 1 contract

Samples: Loan Agreement (Burr Brown Corp)

Compliance with ERISA. (a) The a)Each Borrower and each member of the Controlled Group its Subsidiaries and ERISA Affiliates have fulfilled their respective obligations (if any) under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a any Plan under Title IV or Multiemployer Plan (other than to make contributions in the ordinary course of ERISAbusiness).

Appears in 1 contract

Samples: Credit Agreement (Partnerre LTD)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the 44 50 PBGC or a Plan under Title IV of ERISA, except where any such failure does not involve an aggregate amount in excess of $2,500,000.

Appears in 1 contract

Samples: Credit Agreement (Post Apartment Homes Lp)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have Subsidiary has fulfilled their obligations its obligations, if any, under the minimum funding standards of ERISA and the Code with respect to each Plan maintained by it and are is otherwise in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 1 contract

Samples: Credit Agreement (Target Corp)

Compliance with ERISA. (a) The Borrower Loan Parties and each --------------------- member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 1 contract

Samples: Credit Agreement (Scansource Inc)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have has fulfilled their its obligations under the minimum funding standards of ERISA and the Code with respect to each a Plan and are is in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have has not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 1 contract

Samples: Loan and Security Agreement (Atlantic Coast Airlines Holdings Inc)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISAERISA that has not been appropriately accrued for.

Appears in 1 contract

Samples: Credit Agreement (Belden Inc)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations in all material respects under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 1 contract

Samples: Credit Agreement (Cke Restaurants Inc)

Compliance with ERISA. (ai) The Borrower Guarantor and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 1 contract

Samples: Participation Agreement (Home Depot Inc)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISAERISA in excess of $1,000,000 in the aggregate.

Appears in 1 contract

Samples: Credit Agreement (National Service Industries Inc)

Compliance with ERISA. (a) The Borrower Company and each member of the Controlled Group (excluding Foreign Subsidiaries of the Company) have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISAPBGC.

Appears in 1 contract

Samples: Credit Agreement (Modine Manufacturing Co)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability with respect to the PBGC or a Plan under Title IV of ERISAeach Plan.

Appears in 1 contract

Samples: Credit Agreement (Woodward Governor Co)

Compliance with ERISA. (a) The Borrower and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA.of

Appears in 1 contract

Samples: Credit Agreement (Winston Hotels Inc)

Compliance with ERISA. (ai) The Borrower Company and each member of the --------------------- Controlled Group have has fulfilled their its obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are is in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have has not incurred any liability to the PBGC or a Plan under Title IV of ERISA.

Appears in 1 contract

Samples: Investment and Participation Agreement (Us Xpress Enterprises Inc)

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