ERISA Liabilities. The term "ERISA LIABILITIES" means the aggregate of all unfunded vested benefits under any employee pension benefit plan, within the meaning of Section 3(2) of ERISA, of the BORROWER or any ERISA AFFILIATE of the BORROWER under any plan covered by ERISA that is not a MULTIEMPLOYER PLAN and all potential withdrawal liabilities of the BORROWER or any ERISA AFFILIATE under all MULTIEMPLOYER PLANS.
Appears in 3 contracts
Samples: Loan and Security Agreement (Accom Inc), Loan and Security Agreement (Ea Engineering Science & Technology Inc), Loan and Security Agreement (Avatech Solutions Inc)
ERISA Liabilities. The term "“ERISA LIABILITIES" ” means the aggregate of all unfunded vested benefits under any employee pension benefit plan, within the meaning of Section 3(2) of ERISA, of any of the BORROWER BORROWERS or any ERISA AFFILIATE of any of the BORROWER BORROWERS under any plan covered by ERISA that is not a MULTIEMPLOYER PLAN and all potential withdrawal liabilities of any of the BORROWER BORROWERS or any ERISA AFFILIATE under all MULTIEMPLOYER PLANS.
Appears in 2 contracts
Samples: Loan and Security Agreement (Avatech Solutions Inc), Loan and Security Agreement (Avatech Solutions Inc)
ERISA Liabilities. The term "“ERISA LIABILITIES" ” means the aggregate of all unfunded vested benefits under any employee pension benefit plan, within the meaning of Section 3(2) of ERISA, of the BORROWER or any ERISA AFFILIATE of the BORROWER under any plan covered by ERISA that is not a MULTIEMPLOYER PLAN and all potential withdrawal liabilities of the BORROWER or any ERISA AFFILIATE under all MULTIEMPLOYER PLANS.
Appears in 2 contracts
Samples: Loan and Security Agreement (Martek Biosciences Corp), Loan and Security Agreement (Martek Biosciences Corp)
ERISA Liabilities. The term "ERISA LIABILITIES" means the aggregate of all unfunded vested benefits under any employee pension benefit plan, within the meaning of Section 3(2) of ERISA, of any of the BORROWER COMPANIES or any ERISA AFFILIATE of any of the BORROWER COMPANIES under any plan covered by ERISA that is not a MULTIEMPLOYER PLAN and all potential withdrawal liabilities of any of the BORROWER COMPANIES or any ERISA AFFILIATE under all MULTIEMPLOYER PLANS.
Appears in 1 contract
Samples: Secured Guaranty Agreement (Imtek Office Solutions Inc)
ERISA Liabilities. The term "ERISA LIABILITIES" LIABILITIES means the aggregate of all unfunded vested benefits under any employee pension benefit plan, within the meaning of Section 3(2) of ERISA, of any of the BORROWER BORROWERS or any ERISA AFFILIATE of any of the BORROWER BORROWERS under any plan covered by ERISA that is not a MULTIEMPLOYER PLAN and all potential withdrawal liabilities of any of the BORROWER BORROWERS or any ERISA AFFILIATE under all MULTIEMPLOYER PLANS.
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