Common use of ERISA Plans Clause in Contracts

ERISA Plans. Any one or more of the following events occurs with respect to a Plan of the Borrower subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the Borrower:

Appears in 55 contracts

Samples: Credit Agreement, Loan Agreement (Technical Communications Corp), Loan Agreement (American Shared Hospital Services)

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ERISA Plans. Any The occurrence of any one or more of the following events occurs with respect to a Plan of the Borrower subject to Title IV of ERISABorrower, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the BorrowerBorrower with respect to a Plan:

Appears in 20 contracts

Samples: Credit Agreement (FFP Partners L P), Business Loan Agreement (American Eco Corp), Sa Business Loan Agreement (Flir Systems Inc)

ERISA Plans. Any one or more of the following events occurs with respect to a Plan of the any Borrower subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the any Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the such Borrower:

Appears in 9 contracts

Samples: Loan Agreement (Resources Connection Inc), Loan Agreement (Iaso Pharma Inc), Loan Agreement (California First National Bancorp)

ERISA Plans. Any The occurrence of any one or more of the following events occurs with respect to a Plan of the Borrower subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the Borrower:

Appears in 6 contracts

Samples: Agreement (Cohu Inc), Business Loan Agreement (Regis Corp), Loan Agreement (Eloyalty Corp)

ERISA Plans. Any one or more of the following events occurs with respect to a Plan of the Borrower subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the Borrower:;

Appears in 4 contracts

Samples: Loan Agreement (Wayfair Inc.), Loan Agreement (Wayfair Inc.), Loan Agreement (Wayfair Inc.)

ERISA Plans. Any one or more of the following events occurs with respect to a Plan of the Borrower subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the BorrowerMaterial Adverse Effect:

Appears in 4 contracts

Samples: Loan Agreement (K Swiss Inc), Loan Agreement (K Swiss Inc), Business Loan Agreement (Leapfrog Enterprises Inc)

ERISA Plans. Any one or more of the following events occurs with respect to a Plan of the Borrower subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the Borrowereffect:

Appears in 4 contracts

Samples: First Amended And (Schmitt Industries Inc), Credit Loan Agreement (Breeze-Eastern Corp), Loan Agreement (Nu Skin Enterprises Inc)

ERISA Plans. Any The occurrence of any one or more of the following events occurs with respect to a Plan of the Borrower subject to Title IV of ERISAany Borrower, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the any Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the Borrowerany Borrower with respect to a Plan:

Appears in 3 contracts

Samples: Business Loan Agreement (Educational Medical Inc), Business Loan Agreement (Educational Medical Inc), Business Loan Agreement (Educational Medical Inc)

ERISA Plans. Any one or more The occurrence of any of the following events occurs event(s) with respect to a Plan of the Borrower subject to Title IV of ERISABorrower, provided such event or events event(s) could reasonably be expected, in the judgment of the Bank, to subject the Borrower to any tax, penalty or liability (or any combination of the foregoing) which, which in the aggregate, aggregate could have a material adverse effect Material Adverse Effect on the financial condition of the BorrowerBorrower with respect to a Plan:

Appears in 3 contracts

Samples: Credit Loan Agreement (Bre Properties Inc /Md/), Credit Loan Agreement (Bre Properties Inc /Md/), Credit Loan Agreement (Bre Properties Inc /Md/)

ERISA Plans. Any one or more of the following events occurs with respect to a Plan of the Borrower subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the judgment of the BankRequired Lenders, to subject the Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the Borrower:

Appears in 2 contracts

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

ERISA Plans. Any one Anyone or more of the following events occurs with respect to a Plan of the Borrower subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the Borrower:

Appears in 2 contracts

Samples: Loan Agreement (Saker Aviation Services, Inc.), Loan Agreement (Connecticut Water Service Inc / Ct)

ERISA Plans. Any one or more of the following events occurs with respect to a Plan of the Borrower subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the Borrower, taken as a whole:

Appears in 2 contracts

Samples: Loan Agreement (Redhook Ale Brewery Inc), Loan Agreement (Craft Brewers Alliance, Inc.)

ERISA Plans. Any one or more of the following events occurs with respect to a Plan of the Borrower subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the judgment of the BankLender, to subject the Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the Borrower:

Appears in 2 contracts

Samples: Loan Agreement (Comc Inc), Loan Agreement (Comc Inc)

ERISA Plans. Any one or more of the following events occurs with respect to a Plan of the any Borrower subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the such Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the such Borrower:

Appears in 2 contracts

Samples: Business Loan Agreement (Bebe Stores Inc), Business Loan Agreement (Media Arts Group Inc)

ERISA Plans. Any The occurrence of any one or more of the following events occurs with respect to a Plan of the Borrower subject to Title IV of ERISAany Borrower, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the such Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the Borrowersuch Borrower with respect to a Plan:

Appears in 2 contracts

Samples: Sunquest Information Systems Inc, Agribiotech Inc

ERISA Plans. Any one or more of the following events occurs with respect to a Plan of Parent Guarantor or any of the Borrower other Loan Parties or ERISA Affiliates subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the Borrower Parent Guarantor or any of its Subsidiaries to any tax, penalty or liability (or any combination of the foregoing) which, individually or in the aggregate, could reasonably be expected to have a material adverse effect on the financial condition of the BorrowerMaterial Adverse Effect:

Appears in 2 contracts

Samples: Loan Agreement (Martha Stewart Living Omnimedia Inc), Loan Agreement (Martha Stewart Living Omnimedia Inc)

ERISA Plans. Any The occurrence of any one or more of the following events occurs with respect to a Plan of the Borrower subject to Title IV of ERISABorrower, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the BorrowerBorrower with respect to a Plan:

Appears in 2 contracts

Samples: Business Loan Agreement (Hawker Pacific Aerospace), Business Loan Agreement (Mobility Electronics Inc)

ERISA Plans. Any The occurrence of any one or more of the following events occurs with respect to a Plan Borrower or any of the Borrower subject to Title IV of ERISAits ERISA Affiliates, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the Borrower or any of its ERISA Affiliates to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the BorrowerBorrower and its Subsidiaries with respect to a Plan:

Appears in 2 contracts

Samples: Business Loan Agreement (Hawker Pacific Aerospace), Business Loan Agreement (Hawker Pacific Aerospace)

ERISA Plans. Any one or more of the following events occurs with respect to a Plan of the Borrower or any Subsidiary subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the Borrower or any Subsidiary to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, has had or could reasonably be expected to have a material adverse effect on the financial condition of the BorrowerMaterial Adverse Effect:

Appears in 2 contracts

Samples: Loan Agreement (Versar Inc), Loan Agreement (Vocus, Inc.)

ERISA Plans. Any one or more of the following events occurs with respect to a Plan of the any Borrower subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the any Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect Material Adverse Effect on the financial condition of the any Borrower:

Appears in 1 contract

Samples: Loan Agreement (Mercury Air Group Inc)

ERISA Plans. Any The occurrence of any one or more of the following ----------- events occurs with respect to a Plan of the Borrower subject to Title IV or any of ERISAits subsidiaries, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the Borrower or such subsidiary to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the BorrowerBorrower or any subsidiary with respect to a Plan:

Appears in 1 contract

Samples: Business Loan Agreement (Aztec Manufacturing Co)

ERISA Plans. Any one or more of the following events occurs with respect to a Plan of the Borrower subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the Borrower to any tax, penalty or liability (or any combination of the foregoing) whichthat, in the aggregate, could have a material adverse effect on the financial condition of the Borrower:

Appears in 1 contract

Samples: Credit Agreement (Nautilus, Inc.)

ERISA Plans. Any The occurrences of any one or more of the following events occurs with respect to a Plan of the Borrower subject to Title IV of ERISABorrower, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the BorrowerBorrower with respect to a Plan:

Appears in 1 contract

Samples: Loan Agreement (Ventana Medical Systems Inc)

ERISA Plans. Any one or more of the following events occurs with respect to a Plan of the Borrower subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the BorrowerBorrower and the guarantors, taken as a whole:

Appears in 1 contract

Samples: Business Loan Agreement (Charlotte Russe Holding Inc)

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ERISA Plans. Any one or more of the following events occurs with respect to a Plan of the Borrower subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the Borrower:: (a) A reportable event shall occur under Section 4043(c) of ERISA with respect to a Plan.

Appears in 1 contract

Samples: Loan Agreement (Pope Resources LTD Partnership)

ERISA Plans. Any one or more of the following events occurs with respect to a Plan of the Borrower or its subsidiaries subject to Title IV of ERISA, provided such event or events could would reasonably be expected, in the judgment of the Bank, expected to subject the Borrower or its subsidiaries to any lien, tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could would reasonably be expected to have a material adverse effect on the financial condition of the BorrowerMaterial Adverse Effect:

Appears in 1 contract

Samples: Sequa Corp /De/

ERISA Plans. Any The occurrence of any one or more of the following events occurs with respect to a Plan of the Borrower subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could would be reasonably likely to have a material adverse effect on the financial condition of the Borrower:

Appears in 1 contract

Samples: Agreement (Eloyalty Corp)

ERISA Plans. Any one or more of the following events occurs with respect to a Plan of the Borrower subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the judgment of the BankLender, to subject the Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the Borrower:

Appears in 1 contract

Samples: Loan Agreement (Clean Energy Fuels Corp.)

ERISA Plans. Any one or more of the following events occurs with respect to a Plan of the Borrower subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the reasonable judgment of the Bank, to subject the Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the Borrower:

Appears in 1 contract

Samples: Loan Agreement (Immunomedics Inc)

ERISA Plans. Any one or more of the following events occurs with respect to a Plan of the a Borrower subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the a Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the a Borrower:

Appears in 1 contract

Samples: Loan Agreement (Mexco Energy Corp)

ERISA Plans. Any The occurrence of any one or more of the following ----------- events occurs with respect to a Plan of the Borrower subject to Title IV of ERISAany Borrower, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the such Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the Borrowersuch Borrower with respect to a Plan:

Appears in 1 contract

Samples: Business Loan Agreement (Kinetics Group Inc)

ERISA Plans. Any The occurrence of any one or more of the following events occurs with respect to a Plan of the Borrower subject to Title IV of ERISABorrowers, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the Borrower Borrowers to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the BorrowerBorrowers with respect to a Plan:

Appears in 1 contract

Samples: Lec Technologies Inc

ERISA Plans. Any one or more The occurrence of any of the following events occurs with respect to a Plan of the Borrower subject to Title IV of ERISABorrower, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the Borrower to any tax, penalty or liability (or any combination of the foregoing) which, which in the aggregate, aggregate could have a material adverse effect Material Adverse Effect on the financial condition of the BorrowerBorrower with respect to a Plan:

Appears in 1 contract

Samples: Credit Loan Agreement (Franklin Select Realty Trust)

ERISA Plans. Any one or more of the following events occurs with respect to a Plan of the any Borrower subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the any Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the any Borrower:

Appears in 1 contract

Samples: Business Loan Agreement (California Water Service Group)

ERISA Plans. Any one or more of the following events occurs with respect to a Plan of the Borrower and each Guarantor subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the Borrower or any Guarantor to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the BorrowerBorrower or any Guarantor:

Appears in 1 contract

Samples: Loan Agreement (DJSP Enterprises, Inc.)

ERISA Plans. Any one or more of the following events occurs with respect to a Plan of the Borrower or an ERISA Affiliate subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the Borrower Borrower, any of its Subsidiaries or any of its ERISA Affiliates to any tax, penalty or liability (or any combination of the foregoing) which, individually or in the aggregate, could reasonably be expected to have a material adverse effect on the financial condition of the BorrowerMaterial Adverse Effect:

Appears in 1 contract

Samples: Loan Agreement (Martha Stewart Living Omnimedia Inc)

ERISA Plans. Any one or more of the following events occurs with respect to a Plan of the Borrower subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the judgment of the BankBank (in the exercise of its Permitted Discretion), to subject the Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the Borrower:

Appears in 1 contract

Samples: Business Loan Agreement (Excelligence Learning Corp)

ERISA Plans. Any one or more of the following events occurs with respect to a Plan of the Borrower subject to Title IV of ERISA, provided such event or events could reasonably be expected, in the judgment of the Bank, to subject the Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the Borrower:effect.

Appears in 1 contract

Samples: Loan Agreement (Mimedx Group, Inc.)

ERISA Plans. Any The occurrence of any one or more of the following events occurs with respect to a Plan of the Borrower subject to Title IV of ERISABorrower, provided such event or events could reasonably be expected, in the reasonable judgment of the Bank, to subject the Borrower to any tax, penalty or liability (or any combination of the foregoing) which, in the aggregate, could have a material adverse effect on the financial condition of the BorrowerBorrower and its subsidiaries, taken as a whole, with respect to a Plan:

Appears in 1 contract

Samples: Security Agreement (Cerprobe Corp)

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