ERISA Requirement. (i) The execution and delivery of the Loan Documents will not involve any prohibited transaction within the meaning of ERISA, (ii) the Borrower and each ERISA Affiliate has fulfilled its obligations under the minimum funding standards imposed by ERISA and each is in compliance in all material respects with the applicable provisions of ERISA, and (iii) no "Reportable Event," as defined in Section 4043(b) of Title IV of ERISA, has occurred with respect to any plan maintained by the Borrower or any of its ERISA Affiliate.
ERISA Requirement. Except as previously disclosed to Lender in writing, the Borrower does not have in force any written or oral bonus plan, stock option plan, employee welfare, pension or profit sharing plan, or any other employee benefit arrangement or understanding. In addition, the Borrower and any predecessor of the Borrower is not now or was not formerly during the five year period immediately preceding the effective date of this Agreement a participating employer in any multi employer or "multiple employer" plans within the meaning of Sections 4001 (1)(a)(3), 4063, and 4064 of ERISA. Each employee benefit plan subject to the requirements of ERISA complies in all material respects with all of the requirements of ERISA and those plans which are subject to being "
ERISA Requirement. Except as previously disclosed to Agent in writing, none of the Borrowers has in force any written or oral bonus plan, stock option plan, employee welfare, pension or profit sharing plan, or any other employee benefit arrangement or understanding. In addition, no Borrower nor any predecessor of any of the Borrowers is now or was formerly during the five year period immediately preceding the effective date of this Agreement a participating employer in any multi-employer or "multiple employer" plans within the meaning of Sections 4001(1)(a)(3), 4063, and 4064 of ERISA. Each employee benefit plan subject to the requirements of ERISA complies with all of the requirements of ERISA and those plans which are subject to being "qualified" under Sections 401(a) and 501(a) of the Internal Revenue Code of 1986, as amended from time to time, have since their adoption been "qualified" and have received favorable determination letters from the Internal Revenue Service so holding. There is no matter which would adversely affect the qualified tax exempt status of any such trust or plan, and except as previously disclosed to the Agent, there are no deficiencies or liabilities for any such plan or trust. No employee benefit plan sponsored by any of the Borrowers has engaged in a non-exempt "prohibited transaction" as defined in ERISA.
ERISA Requirement. Comply in all material respects with all requirements of ERISA applicable to it and furnish to the Agent as soon as possible and in any event (i) within thirty (30) days after the Borrower knows or has reason to know that any reportable event with respect to any employee benefit plan subject to Title IV of ERISA maintained by the Borrower or any Subsidiary which could reasonably be expected to give rise to termination or the imposition of any material tax or penalty has occurred, written statement of an Authorized Representative describing in reasonable detail such reportable event and any action which the Borrower or applicable Subsidiary proposes to take with respect thereto, together with a copy of the notice of such reportable event given to the Pension Benefit Guaranty Corporation ("PBGC") or a statement that said notice will be filed with the annual report of the United States Department of Labor with respect to such plan if such filing has been authorized, (ii) promptly after receipt thereof, a copy of any notice that the Borrower or any Subsidiary may receive from the PBGC relating to the intention of the PBGC to terminate any employee benefit plan or plans of the Borrower or any Subsidiary or to appoint a trustee to administer any such plan which could reasonably be expected to result in a Material Adverse Effect, and (iii) within 10 days after a filing with the PBGC pursuant to Section 412(n) of the Code of a notice of failure to make a required installment or other payment with respect to a plan, a certificate of an Authorized Representative setting forth details as to such failure and the action that the Borrower or its affected Subsidiary, as applicable, proposes to take with respect thereto, together with a copy of such notice given to the PBGC.
ERISA Requirement. 66 6.17. No Default................................................................................................ 66 6.18. Hazardous Materials....................................................................................... 66 6.19.
ERISA Requirement. No Obligor has incurred any material accumulated funding deficiency within the meaning of ERISA or incurred any material liability to the Pension Benefit Guaranty Corporation established under ERISA (or any successor thereto under ERISA) in connection with any employee pension benefit plan established or maintained by the Obligor or by any person under common control with the Obligor (within the meaning of Section 414(c) of the Internal Revenue Code of 1986, as amended, or of Section 4001 (b) of ERISA) , or in which employees of any of them are entitled to participate. No Reportable Event (as defined in ERISA) in connection with any such plan has occurred or is continuing.
ERISA Requirement. The Company shall, and shall cause its Subsidiaries to, comply in all material respects with all requirements of ERISA applicable to it and furnish to the Trustee as soon as possible and in any event: (i) within thirty (30) days after an Officer of the Company knows that any reportable event with respect to any employee benefit plan maintained by the Company or any Subsidiary that could give rise to termination or the imposition of any material tax or penalty has occurred, a written statement describing in reasonable detail such reportable event and any action that the Company or Subsidiary proposes to take with respect thereto, together with a copy of the notice of such reportable event given to the PBGC or a statement that said notice will be filed with the annual report of the United States Department of Labor with respect to such plan if such filing has been authorized; (ii) promptly after receipt thereof, a copy of any notice that the Company or any Subsidiary may receive from the PBGC relating to the intention of the PBGC to terminate any employee benefit plan or plans of the Company or any Subsidiary or to appoint a trustee to administer any such plan; and (iii) within 10 days after a filing with the PBGC pursuant to Section 412(n) of the Code of a notice of failure to make a required installment or other payment with respect to a plan, a certificate setting forth details as to such failure and the action that the Company or its affected Subsidiary proposes to take with respect thereto, together with a copy of such notice given to the PBGC.
ERISA Requirement. 14 Section 4.26.
ERISA Requirement. Except as previously disclosed to Agent in writing, neither Borrower nor any Subsidiary has in force any pension plan subject to Title IV of ERISA. Neither Borrower nor any Subsidiary has ever terminated a pension plan subject to Title IV of ERISA. In addition, neither Borrower nor any predecessor of Borrower, nor any Subsidiary or any predecessor of such Subsidiary, is now or was formerly during the five year period immediately preceding the effective date of this Agreement a participating employer in any multi-employer plan within the meaning of 001(1)(a)(3)
ERISA Requirement. Neither Borrower nor Co-Borrower has incurred any material accumulated funding deficiency within the meaning of ERISA or incurred any material liability to the Pension Benefit Guaranty Corporation established under ERISA (or any successor thereto under ERISA) in connection with any employee pension benefit plan established or maintained by it or by any Person under common control with it (within the meaning of Section 424(c) of the IRC or of Section 4001(b) of ERISA), or in which its employees are entitled to participate. No Reportable Event or prohibited transaction (each as defined in ERISA) in connection with any such plan has occurred and is continuing, Borrower and Co-Borrower are in compliance with all requirements of ERISA and there are no circumstances that could cause the loss of any such plan's qualification under Section 401(a) of ERISA.
