Common use of ERISA and Pension Plans Clause in Contracts

ERISA and Pension Plans. An ERISA Event shall have occurred that, in the reasonable determination of the Administrative Agent, when taken together with all other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and its Subsidiaries in an aggregate amount exceeding $1,500,000 for all periods until the Obligations (other than the Warrant Obligations) have been indefeasibly paid in full in cash.

Appears in 2 contracts

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

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ERISA and Pension Plans. An ERISA Event shall have occurred that, in the reasonable determination opinion of the Administrative Agent, when taken together with all other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower Holdings and its Subsidiaries in an aggregate amount exceeding $1,500,000 for all periods until in the Obligations (other than aggregate since the Warrant Obligations) have been indefeasibly paid in full in cashClosing Date.

Appears in 2 contracts

Samples: Credit Agreement (Pear Therapeutics, Inc.), Credit Agreement (Pear Therapeutics, Inc.)

ERISA and Pension Plans. An ERISA Event shall have occurred that, in the reasonable determination opinion of the Administrative Agent, when taken together with all other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and its Subsidiaries in an aggregate amount exceeding $1,500,000 for all periods until 2,000,000 in the Obligations (other than aggregate since the Warrant Obligations) have been indefeasibly paid in full in cashClosing Date.

Appears in 2 contracts

Samples: Credit Agreement and Guaranty (Oyster Point Pharma, Inc.), Credit Agreement and Guaranty (Oyster Point Pharma, Inc.)

ERISA and Pension Plans. An ERISA Event shall have occurred that, in the reasonable determination of the Administrative Agent, when taken together with all other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower Parent Guarantor and its Subsidiaries in an aggregate amount exceeding $1,500,000 1,000,000 for all periods until the Obligations (other than the Warrant Obligations) have been indefeasibly paid in full in cash.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Foamix Pharmaceuticals Ltd.)

ERISA and Pension Plans. An ERISA Event shall have occurred that, in the reasonable determination of the Administrative Agent, when taken together with all other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower Parent Guarantor and its Subsidiaries in an aggregate amount exceeding $1,500,000 1,000,000 for all periods until the Obligations (other than the Warrant Obligations) have been indefeasibly paid in full in cashsatisfied.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Menlo Therapeutics Inc.)

ERISA and Pension Plans. An ERISA Event shall have occurred that, in the reasonable determination opinion of the Administrative Agent, when taken together with all other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower Parent and its Subsidiaries in an aggregate amount exceeding $1,500,000 for all periods until in the Obligations (other than aggregate since the Warrant Obligations) have been indefeasibly paid in full in cashClosing Date.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Xeris Biopharma Holdings, Inc.)

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ERISA and Pension Plans. An ERISA Event shall have occurred that, in the reasonable determination opinion of the Administrative Agent, when taken together with all other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and its Subsidiaries in an aggregate amount exceeding $1,500,000 for all periods until in the Obligations (other than aggregate since the Warrant Obligations) have been indefeasibly paid in full in cashClosing Date.

Appears in 1 contract

Samples: Credit Agreement (Thimble Point Acquisition Corp.)

ERISA and Pension Plans. (i) An ERISA Event shall have occurred that, in the reasonable determination opinion of the Administrative Agent, when taken together with all other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and its Subsidiaries in an aggregate amount exceeding (i) $1,500,000 for all periods until 500,000 in the Obligations (other than aggregate since the Warrant Obligations) have been indefeasibly paid in full in cashClosing Date.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Apyx Medical Corp)

ERISA and Pension Plans. An ERISA Event shall have occurred that, in the reasonable determination opinion of the Administrative Agent, when taken together with all other ERISA Events that have occurred, could would reasonably be expected to result in liability of the Borrower Parent and its Subsidiaries in an aggregate amount exceeding $1,500,000 for all periods until the Obligations Threshold Amount in the aggregate since the Restatement Date. (other than the Warrant Obligations) have been indefeasibly paid in full in cash.k)

Appears in 1 contract

Samples: Credit Agreement (Xeris Biopharma Holdings, Inc.)

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