Common use of Employee Benefit Plans Clause in Contracts

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; or

Appears in 6 contracts

Samples: Note Purchase Agreement (Catasys, Inc.), Master Note Purchase Agreement (Ontrak, Inc.), Master Note Purchase Agreement (Ontrak, Inc.)

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Employee Benefit Plans. (i) There shall occur one or more ERISA Events that individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 during the term hereof; or (ii) there shall exists any fact or circumstance that results or reasonably could be expected to result in the imposition of a Lien or security interest with respect to any Employee Benefit Plan under Section 430(k412(n) of the Internal Revenue Code or ERISA under ERISA, in either case involving or a violation that might reasonably be expected to involve in any individual case an amount in excess of Section 436 $5,000,000 or in the aggregate at any time an amount in excess of the Internal Revenue Code$10,000,000; or

Appears in 6 contracts

Samples: Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, Holdings or any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 7,500,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codethis Agreement; or

Appears in 6 contracts

Samples: Credit Agreement (Sealy Corp), Revolving Credit Agreement (Anthony Crane Holdings Capital Corp), Credit Agreement (Anthony Crane Rental Holdings Lp)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of CompanyHoldings, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 100,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k) of the Internal Revenue Code or ERISA or a violation under Section 303(k) of Section 436 of the Internal Revenue CodeERISA; or

Appears in 5 contracts

Samples: Lease Agreement (OneWater Marine Inc.), Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.), Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, the Borrower or any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 10,000,000 during the term hereofof this Agreement; or (ii) there exists shall exist any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 5 contracts

Samples: Term Loan Agreement (Hospira Inc), Bridge Loan Agreement (Hospira Inc), Credit Agreement and Guaranty (Hospira Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; or

Appears in 4 contracts

Samples: Possession Note Purchase Agreement (Capstone Green Energy Corp), Note Purchase Agreement (Capstone Green Energy Corp), Note Purchase Agreement (CAPSTONE TURBINE Corp)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of CompanyBorrower, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of Two Million and 00/100 Dollars ($500,000 2,000,000.00) during the term hereof; or (ii) there exists any fact or circumstance that reasonably could would be expected to result in the imposition of a Lien or security interest under Section 430(k) of the Internal Revenue Code or ERISA or a violation under Section 303(k) of Section 436 of the Internal Revenue Code; orERISA;

Appears in 4 contracts

Samples: Credit Agreement (Greystone Housing Impact Investors LP), Credit Agreement (Greystone Housing Impact Investors LP), Credit Agreement (America First Multifamily Investors, L.P.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 during the term hereof; or (ii) there shall exists any fact or circumstance that results or reasonably could be expected to result in the imposition of a Lien or security interest with respect to any Employee Benefit Plan under Section 430(k) of the Internal Revenue Code or ERISA under Sections 303(k) or a violation 4068 of Section 436 ERISA, in either case involving or that might reasonably be expected to involve in the aggregate at any time an amount in excess of the Internal Revenue Code$25,000,000; or

Appears in 3 contracts

Samples: Credit Agreement (Douglas Dynamics, Inc), Credit Agreement (Douglas Dynamics, Inc), Credit Agreement (Douglas Dynamics, Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might would reasonably be expected to result in liability of CompanyHoldings, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 250,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k401(a)(29) or 412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Vonage Holdings Corp), Third Lien Note Purchase Agreement (Vonage Holdings Corp), Credit and Guaranty Agreement (Vonage Holdings Corp)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 100,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k401(a)(29) or 412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 3 contracts

Samples: Collateral Agreement (Cit Group Inc), Lease Agreement (Cit Group Inc), Credit and Guaranty Agreement (Cit Group Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might could reasonably be expected to result in liability of Company, any of its Subsidiaries Loan Party or any of their respective ERISA Affiliates in excess of $500,000 100,000,000 during the term hereof; hereof or (ii) there exists any fact or circumstance that could reasonably could be expected to result in the imposition of a Lien material lien or security interest under Section 430(k) of the Internal Revenue Code or under section 303(k) of ERISA in an amount equal to $100,000,000 or a violation of Section 436 of the Internal Revenue Codemore; or

Appears in 3 contracts

Samples: Credit Agreement (T-Mobile US, Inc.), Credit Agreement (T-Mobile US, Inc.), Guarantee and Collateral Agreement (T-Mobile US, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, Company or any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 5,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; orunder ERISA.

Appears in 3 contracts

Samples: Loan and Guaranty Agreement (Reliant Pharmaceuticals, Inc.), Credit and Guaranty Agreement (Reliant Pharmaceuticals, Inc.), Credit and Guaranty Agreement (Reliant Pharmaceuticals, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 2,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 3 contracts

Samples: Security Agreement (X Rite Inc), Credit and Guaranty Agreement (X Rite Inc), First Lien Credit and Guaranty Agreement (X Rite Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, Company or any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 7,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; orunder ERISA.

Appears in 2 contracts

Samples: Counterpart Agreement (Reliant Pharmaceuticals, Inc.), Loan and Guaranty Agreement (Reliant Pharmaceuticals, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries Credit Party or any of their respective ERISA Affiliates in excess of $500,000 2,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; orunder ERISA.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Telvent Git S A), First Lien Credit and Guaranty Agreement (Telvent Git S A)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might would reasonably be expected to result in liability of Company, Holdings or any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 4,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in shall occur the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; orunder ERISA.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Bell Powersports, Inc.), Credit and Guaranty Agreement (American Achievement Corp)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 10,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Belden & Blake Corp /Oh/), Credit and Guaranty Agreement (Belden & Blake Corp /Oh/)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 during the term hereof; or (ii) there shall exists any fact or circumstance that results or reasonably could be expected to result in the imposition of a Lien or security interest with respect to any Employee Benefit Plan under Section 430(k412(n) of the Internal Revenue Code or ERISA under ERISA, in either case involving or a violation that might reasonably be expected to involve in the aggregate at any time an amount in excess of Section 436 of the Internal Revenue Code$10,000,000; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of CompanyParent, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 2,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under pursuant to Section 430(k) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Ambassadors International Inc), Credit and Guaranty Agreement (Ambassadors International Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that that, individually or in the aggregate aggregate, results in or might reasonably be expected to result in liability of CompanyHoldings, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 5,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Lifecore Biomedical, Inc. \De\), Credit and Guaranty Agreement (Landec Corp \Ca\)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, the Borrower or any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 10,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k) on any assets of the Internal Revenue Code Borrower or ERISA or a violation of Section 436 of the Internal Revenue Code; orits Subsidiaries.

Appears in 2 contracts

Samples: Term Loan Agreement (Source Interlink Companies Inc), Revolving Credit Agreement (Source Interlink Companies Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 during the term hereof; or (ii) there shall exists any fact or circumstance that results or reasonably could be expected to result in the imposition of a Lien or security interest with respect to any Employee Benefit Plan under Section 430(k) of the Internal Revenue Code or ERISA under Sections 303(k) or a violation 4068 of Section 436 ERISA, in either case involving or that might reasonably be expected to involve in the aggregate at any time an amount in excess of the Internal Revenue Code$10,000,000; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might would reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 during the term hereofa Material Adverse Effect; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under pursuant to Section 430(k) of the Internal Revenue Code or Section 4068 of ERISA or a violation of Section 436 upon the property and rights to property belonging to Borrower, any of the Internal Revenue CodeGuarantors or any of their respective ERISA Affiliates; or

Appears in 2 contracts

Samples: Term Loan and Guaranty Agreement (TerraForm Power, Inc.), Credit and Guaranty Agreement (TerraForm Power, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of CompanyHoldings, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 2,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; orunder ERISA;

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (American Reprographics CO), Credit and Guaranty Agreement (American Reprographics CO)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might could reasonably be expected to result in liability of CompanyHoldings, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 15,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Boise Inc.), Credit and Guaranty Agreement (Bz Intermediate Holdings LLC)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, Holdings or any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 10,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in shall occur the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Amscan Holdings Inc), Abl Credit Agreement (Amscan Holdings Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might would reasonably be expected to result in liability of CompanyBorrower, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 5,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could would be expected to result in the imposition of a Lien or security interest under pursuant to Section 430(k) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; or;

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Hamilton Lane INC), Credit and Guaranty Agreement (Hamilton Lane INC)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of CompanyBorrower, any of its Restricted Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 35,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under pursuant to Section 430(k) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Digitalglobe Inc), Credit and Guaranty Agreement (Digitalglobe, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which, individually or in the aggregate results aggregate, result in or might could reasonably be expected to result in liability of Holdings, the Company, any of its the Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 1,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 2 contracts

Samples: Credit Agreement (Real Mex Restaurants, Inc.), Credit Agreement (Real Mex Restaurants, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might could reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 2,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 2 contracts

Samples: Financing Agreement (Federal Signal Corp /De/), Financing Agreement (Federal Signal Corp /De/)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 40.0 million during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Sanmina-Sci Corp), Credit and Guaranty Agreement (Sanmina-Sci Corp)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 2,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k401(a)(29) or 412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Granite Broadcasting Corp), Possession Financing Agreement (Granite Broadcasting Corp)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of CompanyHoldings, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 1,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Prommis Solutions Holding Corp.), Credit and Guaranty Agreement (Prommis Solutions Holding Corp.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of CompanyHoldings, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 2,500,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Services International LLC), Credit and Guaranty Agreement (DynCorp International Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might could reasonably be expected to result in liability of CompanyParent, Borrower or any of its Subsidiaries Controlled Group Member or any of their respective ERISA Affiliates in excess of $500,000 30,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Mills Corp), Credit and Guaranty Agreement (Mills Limited Partnership)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might could reasonably be expected to result in liability of Company, any Loan Party or any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 1,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 2 contracts

Samples: Loan and Security Agreement (EVO Transportation & Energy Services, Inc.), Financing Agreement (Usa Technologies Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, Holdings or any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 20,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k) of the Internal Revenue Code or under ERISA or a violation in excess of Section 436 of the Internal Revenue Code$20,000,000; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Aeroflex Holding Corp.), Credit and Guaranty Agreement (Aeroflex Holding Corp.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of Two Hundred Fifty Thousand Dollars ($500,000 250,000) during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Speed Commerce, Inc.), Credit and Guaranty Agreement (Speed Commerce, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might would reasonably be expected to result in liability of CompanyBorrower, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 15,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Hologic Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of CompanyHoldings, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 150,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; orunder ERISA.

Appears in 2 contracts

Samples: Term Loan and Guaranty Agreement (Fedders Corp /De), Revolving Loan and Guaranty Agreement (Fedders Corp /De)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 100,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Taleo Corp), Credit and Guaranty Agreement (Taleo Corp)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries Loan Party or any of their respective ERISA Affiliates in excess of $500,000 10,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 2 contracts

Samples: Credit Agreement (Metropcs Communications Inc), Credit Agreement (Metropcs Communications Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might is reasonably be expected to result in liability of Company, the Borrower or any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 25,000,000 during the term hereofof this Agreement; or (ii) there exists any fact the occurrence of an event or circumstance condition that could reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 2 contracts

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

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might would reasonably be expected to result in liability of Companythe Borrower, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 50,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under pursuant to Section 430(k) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Gen Probe Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Companythe Borrower, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 5,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 2 contracts

Samples: Credit Agreement (HealthSpring, Inc.), Credit Agreement (HealthSpring, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might could reasonably be expected to result in liability of CompanyHoldings, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 17,250,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 2 contracts

Samples: Intercreditor Agreement (Bz Intermediate Holdings LLC), Credit and Guaranty Agreement (Boise Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, Holdings or any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 5,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or under ERISA or a violation in excess of Section 436 of the Internal Revenue Code$10,000,000; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Aeroflex Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might could reasonably be expected to result in liability of CompanyIssuer, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 125,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest on any Collateral under Section 430(k) or 436(f) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 1 contract

Samples: Note Purchase Agreement (Osage Exploration & Development Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 3,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 1 contract

Samples: Security Agreement (X Rite Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of CompanyBorrower, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 2,000,0002,500,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k) of the Internal Revenue Code or ERISA or a violation under Section 303(k) of Section 436 of the Internal Revenue CodeERISA; or

Appears in 1 contract

Samples: Credit Agreement (Waitr Holdings Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that individually or in the aggregate results in or might reasonably be expected to result in liability of CompanyHoldings, any of its Subsidiaries Subsidiaries, any Controlled Fund GP or any of their respective ERISA Affiliates in excess of $500,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (P10, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 100,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k401(a)(29) or 412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Navisite Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of CompanyBorrower, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 3,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (X Rite Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that that, individually or in the aggregate aggregate, results in or might reasonably be expected to result in liability of CompanyHoldings, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 5,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; oror (k)

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Lifecore Biomedical, Inc. \De\)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, DUHI or any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 10,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under pursuant to Section 430(k) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; or

Appears in 1 contract

Samples: Reimbursement and Guaranty Agreement (Delek US Holdings, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might would reasonably be expected to result in liability of CompanyNTL, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 during the term hereof5,000,000; or (ii) there exists any fact or circumstance that would reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (NTL Delaware Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 5,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or under ERISA against the Company or a violation its Subsidiaries for obligations or liabilities in excess of Section 436 of the Internal Revenue Code$2,500,000; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Carmike Cinemas Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that individually or in the aggregate results in or might reasonably be expected to result in liability of the Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Veritone, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, Holdings or any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 the Threshold Amount during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in shall occur the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA under ERISA; or a violation of Section 436 of the Internal Revenue Code; or130

Appears in 1 contract

Samples: Abl Credit Agreement (Amscan Holdings Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Companythe Borrower, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 50,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or under ERISA or a violation of Section 436 of the Internal Revenue Code; orwith respect to any Pension Plan.

Appears in 1 contract

Samples: Credit Agreement (National Semiconductor Corp)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of the Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 1,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k401(a)(29) or 412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Castle a M & Co)

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Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of CompanyBorrower, or any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 35,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result results in the imposition of a Lien or security interest under pursuant to Section 430(k) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Cypress Semiconductor Corp /De/)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; orunder ERISA.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Connetics Corp)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might would reasonably be expected to result in liability of Company, Holdings or any of its Subsidiaries or Subsidiaries, including through any joint and several liability with any of their respective ERISA Affiliates Affiliates, in excess of $500,000 5,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in shall occur the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; orunder ERISA.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Stanadyne Corp)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of CompanyBorrower, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 2,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k) of the Internal Revenue Code or ERISA or a violation under Section 303(k) of Section 436 of the Internal Revenue CodeERISA; or

Appears in 1 contract

Samples: Credit Agreement (Waitr Holdings Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in shall occur the imposition of a Lien or security interest under Section 430(k) of the Internal Revenue Code or ERISA under ERISA, in either case of clauses (i) or a violation (ii), which individually or in the aggregate results in liability of Section 436 any Parent Company, the Borrowers or any of the Internal Revenue CodeSubsidiaries in an aggregate amount which would reasonably be expected to result in a Material Adverse Effect; or

Appears in 1 contract

Samples: Abl Credit Agreement (Party City Holdco Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 during the term hereof; or (ii) there shall exists any fact or circumstance that results or reasonably could be expected to result in the imposition of a Lien or security interest with respect to any Employee Benefit Plan under Section 430(k) of the Internal Revenue Code or ERISA under Sections 303(k) or a violation 4068 of Section 436 ERISA, in either case involving or that might reasonably be expected to involve in the aggregate at any time an amount in excess of the Internal Revenue Code$15,000,000; oror 104

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Douglas Dynamics, Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of CompanyHoldings, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 4,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; orunder ERISA.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Day International Group Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of CompanyBorrower, any of its Restricted Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 10,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under pursuant to Section 430(k) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; or

Appears in 1 contract

Samples: First Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of the Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 10,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest is imposed under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; orunder ERISA.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (International Steel Group Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of the Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 40.0 million during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Sanmina-Sci Corp)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of CompanyHoldings, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 2,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k) of the Internal Revenue Code or ERISA or a violation under Section 303(k) of Section 436 of the Internal Revenue CodeERISA; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Waitr Holdings Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might could reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 during the term hereofa Material Adverse Effect; or (ii) there exists any fact or circumstance that reasonably could be expected to result results in the imposition of a Lien or security interest under pursuant to Section 430(k) of the Internal Revenue Code or Section 303(k) or 4068 of ERISA on the assets of Parent or a violation its Restricted Subsidiaries in excess of Section 436 of $15,000,000 in the Internal Revenue Codeaggregate at any one time that primes the Liens that secure the Obligations; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (NRC Group Holdings Corp.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that individually or in the aggregate results in or might reasonably be expected to result in liability of Holdings, Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; or

Appears in 1 contract

Samples: Note Purchase Agreement (Capstone Green Energy Holdings, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might would reasonably be expected to result in liability of Companythe Borrower, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 15,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under pursuant to Section 430(k) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Hologic Inc)

Employee Benefit Plans. (i) There shall occur one or more of the following: (i) ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 during the term hereof; or (ii) there exists any fact Company or circumstance that reasonably could be expected to result one of its ERISA Affiliates shall have engaged in a transaction which is prohibited under Section 4975 of the Code of Section 406 of ERISA which results in the imposition of a Lien liability which has a Material Adverse Effect on Company or security interest under Section 430(k) any of the Internal Revenue Code or its ERISA or a violation of Section 436 of the Internal Revenue CodeAffiliates; or

Appears in 1 contract

Samples: Credit Agreement (Microclock Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results result in or might would reasonably be expected to result in liability of Company, Holdings or any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 5,750,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in shall occur the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Amscan Holdings Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of CompanyHoldings, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k) of the Internal Revenue Code or ERISA under Section 303(k) of ERISA; or a violation of Section 436 of the Internal Revenue Code; or113

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Primo Water Corp)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might would reasonably be expected to result in liability of Company, Holdings or any of its Subsidiaries or Subsidiaries, including through any joint and several liability with any of their respective ERISA Affiliates Affiliates, in excess of $500,000 10,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in shall occur the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; orunder ERISA.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Stanadyne Corp)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might would reasonably be expected to result in liability of Company, any of its Subsidiaries Loan Party or any of their respective ERISA Affiliates in excess of $500,000 100,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 412(n), 430(k) of the Internal Revenue Code IRC or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 1 contract

Samples: Loan and Security Agreement (Pizza Inn Holdings, Inc /Mo/)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 50,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k401(a)(29) or 412(n) of the Internal Revenue Code or under ERISA or a violation of Section 436 of the Internal Revenue Codenon-U.S. equivalent thereof; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Syntax-Brillian Corp)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of CompanyHoldings, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 1,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k401(a)(29) or 412(n) of the Internal Revenue Code IRC or under ERISA (or a violation of Section 436 of the Internal Revenue Codenon-U.S. equivalent thereof); or

Appears in 1 contract

Samples: Credit Agreement (Handleman Co /Mi/)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of CompanyHoldings, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 1,500,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; orA&R FIRST LIEN CREDIT AND GUARANTY AGREEMENT 106

Appears in 1 contract

Samples: Credit and Guaranty Agreement (American Reprographics CO)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 750,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k401(a)(29) or 412(n) of the Internal Revenue Code or under ERISA or a violation of Section 436 of the Internal Revenue Codenon-U.S. equivalent thereof; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Syntax-Brillian Corp)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of the Company, Holdings, any of its their Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 10,000,000 during the term hereof; or there shall exist an amount of unfunded benefit liabilities (iias defined in Section 4001(a)(18) there exists any fact of ERISA), individually or circumstance in the aggregate for all Pension Plans that in the determination of the Administrative Agent could reasonably could be expected to result in the imposition of have a Lien or security interest under Section 430(k) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue CodeMaterial Adverse Effect; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Vought Aircraft Industries Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that individually or in the aggregate results in or might reasonably be expected to result in liability of Companyany Credit Party, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 1,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (OneWater Marine Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that individually or in the aggregate which results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 2,500,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 1 contract

Samples: Financing Agreement (Metalico Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 100,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; oror WEIL:\96958663\10\71605.0155

Appears in 1 contract

Samples: Credit and Guaranty Agreement (REVA Medical, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might would reasonably be expected to result in liability of Companythe Borrowers, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 5,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could would be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Amedisys Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of CompanyHoldings, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 during the term hereofan amount that would reasonably be expected to have a Material Adverse Effect; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under pursuant to Section 430(k) or 436 of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue CodeERISA; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Tronox Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, the Borrower or any of its respective Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 10,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k) on any assets of the Internal Revenue Code Borrower or ERISA or a violation of Section 436 of the Internal Revenue Code; orits Subsidiaries.

Appears in 1 contract

Samples: Senior Subordinated Bridge Loan Agreement (Source Interlink Companies Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 during the term hereof; or (ii) there shall exists any fact or circumstance that results or reasonably could be expected to result in the imposition of a Lien or security interest with respect to any Employee Benefit Plan under Section 430(k) of the Internal Revenue Code or ERISA under Sections 303(k) or a violation 4068 of Section 436 ERISA, in either case involving or that might reasonably be expected to involve in the aggregate at any time an amount in excess of the Internal Revenue Code$15,000,000; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Douglas Dynamics, Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of CompanyBorrower, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 10,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under pursuant to Section 430(k) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; or

Appears in 1 contract

Samples: Credit Agreement (Molycorp, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of CompanyBorrowers, any of its their Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation under Section 4068 of Section 436 of the Internal Revenue CodeERISA; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (1847 Goedeker Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 1,000,000 in any calendar year or $2,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Bill Barrett Corp)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of Company, any of its Subsidiaries Group Member or any of their respective ERISA Affiliates in excess of 100 $500,000 10,000,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Codeunder ERISA; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Eagle Rock Energy Partners, L.P.)

Employee Benefit Plans. (i) There shall occur one or more ---------------------- ERISA Events that which individually or in the aggregate results in or might would reasonably be expected to result in liability of Company, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 during the term hereof1,000,000; or (ii) there exists any fact or circumstance that would reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; orunder ERISA.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Ipc Acquisition Corp)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of CompanyBorrower, any of its Subsidiaries Guarantors or any of their respective ERISA Affiliates in excess of $500,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under pursuant to Section 430(k) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; or

Appears in 1 contract

Samples: Loan and Guaranty Agreement (BrightSource Energy Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of CompanyHoldings, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 4,740,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; orunder ERISA.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Day International Group Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events that which individually or in the aggregate results in or might reasonably be expected to result in liability of CompanyHoldings, any of its Subsidiaries or any of their respective ERISA Affiliates in excess of $500,000 1,500,000 during the term hereof; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k412(n) of the Internal Revenue Code or ERISA or a violation of Section 436 of the Internal Revenue Code; orunder ERISA;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (American Reprographics CO)

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