Common use of ERISA Requirement Clause in Contracts

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.

Appears in 2 contracts

Samples: Credit Agreement (Commercial Net Lease Realty Inc), Credit Agreement (Commercial Net Lease Realty Inc)

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ERISA Requirement. Except as previously disclosed to Agent in writing, none of the Borrowers has 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, no the Borrower nor and any predecessor of any of the Borrowers 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 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 Borrower has engaged in a non-exempt "prohibited transaction" as defined in ERISA.

Appears in 2 contracts

Samples: Credit and Security Agreement (Commercial Net Lease Realty Inc), Credit and Security Agreement (Commercial Net Lease Realty Inc)

ERISA Requirement. Except as previously disclosed to Agent Lenders in writing, none of the Borrowers has 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, no Borrower nor and any predecessor of any of the Borrowers 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 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, Lenders there are no deficiencies or liabilities for any such plan or trust. No employee benefit plan sponsored by any of the Borrowers Borrower has engaged in a non-exempt "prohibited transaction" as defined in ERISA.

Appears in 1 contract

Samples: Credit Agreement (Flanders Corp)

ERISA Requirement. Except as previously disclosed to Agent Bank in writing, none of the Borrowers neither Borrower nor Pledgor 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 neither Borrower, Pledgor, nor any predecessor of any of the Borrowers thereof 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, Bank there are no deficiencies or liabilities for any such plan or trust. No employee benefit plan sponsored by any of the Borrowers Borrower or Pledgor has engaged in a non-exempt "prohibited transaction" as defined in ERISA.

Appears in 1 contract

Samples: Credit Agreement (Trescom International Inc)

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ERISA Requirement. Except as previously disclosed to Agent Bank in writing, none of the Borrowers has 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, no Borrower nor and any predecessor of any of the Borrowers 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)(34001(a)(3), 4063, 4063 and 4064 of ERISA. Each employee benefit plan subject to the requirements of ERISA complies with substantially 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 To the knowledge of the Borrower, 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, Bank there are no deficiencies or liabilities for any such plan or trust. No To the knowledge of the Borrower, no employee benefit plan sponsored by any of the Borrowers Borrower has engaged in a non-exempt nonexempt "prohibited transaction" as defined in ERISA.

Appears in 1 contract

Samples: Loan Agreement (Galaxy Foods Co)

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