Multiemployer Plans. Neither the Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 of ERISA or as a result of a sale of assets described in §4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 or §4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A of ERISA.
Appears in 31 contracts
Samples: Revolving Credit Agreement (Staples Inc), Credit Agreement (Staples Inc), Revolving Credit Agreement (Anacomp Inc)
Multiemployer Plans. Neither the Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §Section 4201 of ERISA or as a result of a sale of assets described in §Section 4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §Section 4241 or §Section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §Section 4041A of ERISA.
Appears in 22 contracts
Samples: Loan Agreement, Revolving Credit Agreement, Revolving Credit and Term Loan Agreement (Mercury Air Group Inc)
Multiemployer Plans. Neither the Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §Section 4201 of ERISA or as a result of a sale of assets described in §Section 4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §Section 4241 or §Section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §Section 4041A of ERISA.
Appears in 21 contracts
Samples: Senior Secured Credit Agreement (Pershing Square Capital Management, L.P.), Senior Secured Credit Agreement (Borders Group Inc), Credit Agreement (BTHC VII Inc)
Multiemployer Plans. Neither the Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 ss.4201 of ERISA or as a result of a sale of assets described in §4204 ss.4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 ss.4241 or §4245 ss.4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A ss.4041A of ERISA.
Appears in 20 contracts
Samples: Revolving Credit Agreement (Hadco Corp), Revolving Credit Agreement (Ionics Inc), Credit Agreement (Wichita Manufacturing Inc)
Multiemployer Plans. Neither the No Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 of ERISA or as a result of a sale of assets described in §4204 of ERISA. Neither the No Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 or §4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A of ERISA.
Appears in 7 contracts
Samples: Revolving Credit and Term Loan Agreement (Casella Waste Systems Inc), Revolving Credit Agreement (Waste Industries Usa Inc), Revolving Credit Agreement (Waste Industries Usa Inc)
Multiemployer Plans. Neither the Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 ss.4201 of ERISA or as a result of a sale of assets described in §4204 ss.4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 ss.4241 or §4245 ss.4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A ss.4041A of ERISA.
Appears in 5 contracts
Samples: Credit Agreement (HPSC Inc), Credit Agreement (Allbritton Communications Co), Revolving Credit and Term Loan Agreement (Perkins Family Restaurants Lp)
Multiemployer Plans. Neither None of the Borrower Borrowers nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 of ERISA or as a result of a sale of assets described in §4204 of ERISA. Neither None of the Borrower Borrowers nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 or §4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A of ERISA.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Barnes Group Inc), Assignment and Assumption (Barnes Group Inc), Agreement (Barnes Group Inc)
Multiemployer Plans. Neither the Borrower nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 (S)4201 of ERISA or as a result of a sale of assets described in §4204 (S)4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 (S)4241 or §4245 (S)4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A (S)4041A of ERISA.
Appears in 4 contracts
Samples: And Term Loan Agreement (Petro Stopping Centers L P), Term Credit Agreement (Pimco Advisors Holdings Lp), Credit and Term Loan Agreement (Petro Stopping Centers L P)
Multiemployer Plans. Neither the any Borrower nor any Guarantor nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 of ERISA or as a result of a sale of assets described in §4204 of ERISA. Neither the any Borrower nor any Guarantor nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 or §4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A of ERISA.
Appears in 4 contracts
Samples: Credit Agreement (Sovran Self Storage Inc), Term Loan Agreement (Sovran Acquisition LTD Partnership), Credit Agreement (Sovran Acquisition LTD Partnership)
Multiemployer Plans. Neither the any Borrower nor any Guarantor nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §Section 4201 of ERISA or as a result of a sale of assets described in §Section 4204 of ERISA. Neither the any Borrower nor any Guarantor nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §Section 4241 or §Section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §Section 4041A of ERISA.
Appears in 4 contracts
Samples: Assignment and Assumption Agreement (Sovran Self Storage Inc), Credit Agreement (Sovran Self Storage Inc), Revolving Credit and Term Loan Agreement (Sovran Self Storage Inc)
Multiemployer Plans. Neither the such Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 ss.4201 of ERISA or as a result of a sale of assets described in §4204 ss.4204 of ERISA. Neither the Borrower Borrowers nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 ss.4241 or §4245 ss.4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A ss.4041A of ERISA.
Appears in 4 contracts
Samples: Security Agreement (Genrad Inc), Revolving Credit Agreement (Genrad Inc), Revolving Credit Agreement (Genrad Inc)
Multiemployer Plans. Neither the Borrower nor any Guarantor nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §Section 4201 of ERISA or as a result of a sale of assets described in §Section 4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §Section 4241 or §Section 4245 of ERISA or is at material risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §Section 4041A of ERISA.
Appears in 3 contracts
Samples: Credit Agreement (Mack Cali Realty Corp), Revolving Credit Agreement (Mack Cali Realty L P), Revolving Credit Agreement (Mack Cali Realty Corp)
Multiemployer Plans. Neither the Borrower Company nor any ERISA Affiliate has incurred any material liability that remains outstanding (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 of ERISA or as a result of a sale of assets described in §4204 of ERISA. Neither the Borrower Company nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 or §4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A of ERISA.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Hasbro Inc), Revolving Credit Agreement (Hasbro Inc), Credit Agreement (Hasbro Inc)
Multiemployer Plans. Neither the Borrower Borrowers nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §Section 4201 of ERISA or as a result of a sale of assets described in §Section 4204 of ERISA. Neither the Borrower Borrowers nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §Section 4241 or §Section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §Section 4041A of ERISA.
Appears in 3 contracts
Samples: Loan and Security Agreement (Fao Inc), Credit and Guaranty Agreement (Hexcel Corp /De/), Revolving Credit Agreement (Zale Corp)
Multiemployer Plans. Neither None of the Borrower Borrowers nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §Section 4201 of ERISA or as a result of a sale of assets described in §Section 4204 of ERISA. Neither None of the Borrower Borrowers nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §Section 4241 or §Section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §Section 4041A of ERISA.
Appears in 3 contracts
Samples: Multicurrency Revolving Credit Agreement (Borders Group Inc), Multicurrency Revolving Credit Agreement (Borders Group Inc), Revolving Credit Agreement (American Restaurant Group Inc)
Multiemployer Plans. Neither To the extent applicable, neither the Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §Section 4201 of ERISA or as a result of a sale of assets described in §Section 4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §Section 4241 or §Section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §Section 4041A of ERISA.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Flextronics International LTD), Credit and Term Loan Agreement (Flextronics International LTD), Revolving Credit Agreement (Flextronics International LTD)
Multiemployer Plans. Neither the Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 (S)4201 of ERISA or as a result of a sale of assets described in §4204 (S)4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 (S)4241 or §4245 (S)4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A (S)4041A of ERISA.
Appears in 3 contracts
Samples: Credit and Term Loan Agreement (Petro Stopping Centers L P), Credit and Term Loan Agreement (Petro Stopping Centers Holdings Lp), Revolving Credit Agreement (Ameriking Inc)
Multiemployer Plans. Neither the Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 of ERISA or as a result of a sale of assets described in §4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 or §4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A of ERISA, which reorganization, insolvency or termination could reasonably be expected to result in the incurrence by the Borrower or any ERISA Affiliate of any material liability (including secondary liability). §5.15.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Telephone & Data Systems Inc /De/), Revolving Credit Agreement (United States Cellular Corp), Revolving Credit Agreement (United States Cellular Corp)
Multiemployer Plans. Neither the Borrower nor any Guarantor nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 of ERISA or as a result of a sale of assets described in §4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 or §4245 of ERISA or is at material risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A of ERISA.
Appears in 3 contracts
Samples: Term Loan Agreement (Mack Cali Realty Corp), Revolving Credit Agreement (Mack Cali Realty L P), Term Loan Agreement (Mack Cali Realty L P)
Multiemployer Plans. Neither the Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §Section 4201 of ERISA or as a result of a sale of assets described in §Section 4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §Section 4241 or §4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §Section 4041A of ERISA. 8.17.
Appears in 2 contracts
Samples: Revolving Credit (Emmis Broadcasting Corporation), Revolving Credit (Emmis Communications Corp)
Multiemployer Plans. Neither the Borrower Issuer nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 of ERISA or as a result of a sale of assets described in §4204 of ERISA. Neither the Borrower Issuer nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 or §4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A of ERISA.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Emmis Communications Corp), Note Purchase Agreement (Emmis Communications Corp)
Multiemployer Plans. Neither the Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 of ERISA or as a result of a sale of assets described in §4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 or §4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A of ERISA.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Waste Management Inc), Revolving Credit Agreement (Waste Management Inc)
Multiemployer Plans. Neither None of the Borrower nor Borrower, any of its Subsidiaries or any ERISA Affiliate has incurred or expects to incur any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §Section 4201 of ERISA or as a result of a sale of assets described in §Section 4204 of ERISA. Neither the Borrower any Loan Party nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §Section 4241 or §Section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §Section 4041A of ERISA.
Appears in 2 contracts
Samples: Loan Agreement (Omnipoint Corp \De\), Loan Agreement (Omnipoint Corp \De\)
Multiemployer Plans. Neither the Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 ss.4201 of ERISA or as a result of a sale of assets described in §4204 ss.4204 of ERISA. Neither the Borrower nor or any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 ss.4241 or §4245 ss.4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A ss.4041A of ERISA.
Appears in 2 contracts
Samples: Credit Agreement (Starter Corp), Credit Agreement (Starter Corp)
Multiemployer Plans. Neither the No Borrower nor any ERISA Affiliate has ------------------- incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §Section 4201 of ERISA or as a result of a sale of assets described in §Section 4204 of ERISA. Neither the No Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §Section 4241 or §Section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §Section 4041A of ERISA.
Appears in 1 contract
Samples: Revolving Credit Agreement (Us Xpress Enterprises Inc)
Multiemployer Plans. Neither the Borrower Xxxxxx US nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 of ERISA or as a result of a sale of assets described in §4204 of ERISA. Neither the Borrower Xxxxxx US nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 or §4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A of ERISA.
Appears in 1 contract
Samples: Multicurrency Revolving Credit Agreement (Rogers Corp)
Multiemployer Plans. Neither To the Borrower extent applicable, neither the Borrowers nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §Section 4201 of ERISA or as a result of a sale of assets described in §Section 4204 of ERISA. Neither the Borrower Borrowers nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §Section 4241 or §Section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §Section 4041A of ERISA.
Appears in 1 contract
Samples: Revolving Credit Agreement (Flextronics International LTD)
Multiemployer Plans. Neither the Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 ss.4201 of ERISA or as a result of a sale of assets described in §4204 ss.4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 ss.4241 or §4245 ss.4245 of ERISA or is at risk of or entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A ss.4041A of ERISA.
Appears in 1 contract
Samples: Revolving Credit Agreement (National Auto Finance Co Inc)
Multiemployer Plans. Neither of the Borrower Borrowers nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §Section 4201 of ERISA or as a result of a sale of assets described in §Section 4204 of ERISA. Neither of the Borrower Borrowers nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §Section 4241 or §Section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, insolvent or that any Multiemployer Plan intends to terminate or has been terminated under §Section 4041A of ERISA.
Appears in 1 contract
Multiemployer Plans. Neither the Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §ss 4201 of ERISA or as a result of a sale of assets described in §ss 4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §ss 4241 or §ss 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §ss 4041A of ERISA.
Appears in 1 contract
Multiemployer Plans. Neither the Borrower nor any ERISA Affiliate has incurred or expects to incur any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 (S)4201 of ERISA or as a result of a sale of assets described in §4204 (S)4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 (S)4241 or §4245 (S)4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A (S)4041A of ERISA.
Appears in 1 contract
Samples: Loan Agreement (Omnipoint Corp \De\)
Multiemployer Plans. Neither the Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §Section 4201 of ERISA or as a result of a sale of assets described in §Section 4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is 58 50 in reorganization or insolvent under and within the meaning of §Section 4241 or §Section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §Section 4041A of ERISA.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Western Digital Corp)
Multiemployer Plans. Neither None of the Borrower nor Company or any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §Section 4201 of ERISA or as a result of a sale of assets described in §Section 4204 of ERISA. Neither None of the Borrower nor Company or any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §Section 4241 or §Section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §Section 4041A of ERISA.
Appears in 1 contract
Multiemployer Plans. Neither the No Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 ss.4201 of ERISA or as a result of a sale of assets described in §4204 ss.4204 of ERISA. Neither the No Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 ss.4241 or §4245 ss.4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A ss.4041A of ERISA.
Appears in 1 contract
Multiemployer Plans. Neither the U.S. Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 of ERISA or as a result of a sale of assets described in §4204 of ERISA. Neither the U.S. Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 or §4245 of ERISA or is at risk of entering reorganization or or, becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A of ERISA.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Genesee & Wyoming Inc)
Multiemployer Plans. Neither the Borrower Borrower, Parent nor any ERISA Affiliate has incurred any material unpaid liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 of ERISA or as a result of a sale of assets described in §4204 of ERISA. Neither the Borrower Borrower, Parent nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization reorganization, insolvent or insolvent “endangered” or “critical” status under and within the meaning of §4241 4241, §4245 or §4245 305, respectively, of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A of ERISA.
Appears in 1 contract
Samples: Loan Agreement (Nextera Energy Inc)
Multiemployer Plans. Neither the Borrower nor any ERISA Affiliate has has, since January 1, 1996, incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 of ERISA or as a result of a sale of assets described in §4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 or §4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A of ERISA.
Appears in 1 contract
Samples: Revolving Credit Agreement (Friendly Ice Cream Corp)
Multiemployer Plans. Neither the Borrower Parent nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 ss.4201 of ERISA or as a result of a sale of assets described in §4204 ss.4204 of ERISA. Neither the Borrower Parent nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 ss.4241 or §4245 ss.4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A ss.4041A of ERISA.
Appears in 1 contract
Multiemployer Plans. Neither the Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §Section 4201 of ERISA or as a result of a sale of assets described in §Section 4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §Section 4241 or §Section 4245 of ERISA or 56 -48- is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §Section 4041A of ERISA.
Appears in 1 contract
Multiemployer Plans. Neither the any Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 of ERISA or as a result of a sale of assets described in §4204 of ERISA. Neither the Borrower Borrowers nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 or §4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A of ERISA.
Appears in 1 contract
Samples: Revolving Credit Agreement (CAI International, Inc.)
Multiemployer Plans. Neither the Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §Section 4201 of ERISA or as a result of a sale of assets described in §Section 4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §Section 4241 or §Section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §Section 4041A of ERISA.
Appears in 1 contract
Multiemployer Plans. Neither the Borrower nor any ERISA Affiliate the Parent, has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §Section 4201 of ERISA or as a result of a sale of assets described in §Section 4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has not been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §Section 4241 or §Section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §Section 4041A of ERISA.. 84 -75-
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Bell Sports Corp)
Multiemployer Plans. Neither the any Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §Section 4201 of ERISA or as a result of a sale of assets described in §Section 4204 of ERISA. Neither the any Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §Section 4241 or §Section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §Section 4041A of ERISA.
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Multiemployer Plans. Neither None of the Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §Section 4201 of ERISA or as a result of a sale of assets described in §Section 4204 of ERISA. Neither None of the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §Section 4241 or §Section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §Section 4041A of ERISA.
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Samples: Credit Agreement (First Virtual Communications Inc)
Multiemployer Plans. Neither the No Borrower nor any ERISA Affiliate has -------------------- incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 ss.4201 of ERISA or as a result of a sale of assets described in §4204 ss.4204 of ERISA. Neither the No Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 ss.4241 or §4245 ss.4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A ss.4041A of ERISA.
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Samples: Revolving Credit Agreement (Fairfield Communities Inc)
Multiemployer Plans. Neither the Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §section 4201 of ERISA or as a result of a sale of assets described in §section 4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §section 4241 or §section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §section 4041A of ERISA.
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Multiemployer Plans. Neither None of the Borrower Borrowers nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §section 4201 of ERISA or as a result of a sale of assets described in §section 4204 of ERISA. Neither None of the Borrower Borrowers nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or is insolvent under and within the meaning of §section 4241 or §section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §section 4041A of ERISA.
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Multiemployer Plans. Neither the Borrower nor any ERISA Affiliate has incurred any material unsatisfied liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 ss.4201 of ERISA or as a result of a sale of assets described in §4204 ss.4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 ss.4241 or §4245 ss.4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A ss.4041A of ERISA.
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Samples: Revolving Credit Agreement (Sassco Fashions LTD /De/)
Multiemployer Plans. Neither None of the Borrower nor Borrowers or any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §Section 4201 of ERISA or as a result of a sale of assets described in §Section 4204 of ERISA. Neither None of the Borrower nor Borrowers or any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §Section 4241 or §Section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §Section 4041A of ERISA.
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Samples: Revolving Credit and Term Loan Agreement (Iesi Tx Corp)
Multiemployer Plans. Neither the Borrower Company, any of its Subsidiaries, nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §Section 4201 of ERISA or as a result of a sale of assets described in §Section 4204 of ERISA. Neither the Borrower Company, any of its Subsidiaries, nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or is insolvent under and within the meaning of §Section 4241 or §Section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §Section 4041A of ERISA.
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Samples: Revolving Credit Agreement (Usa Waste Services Inc)
Multiemployer Plans. Neither None of the Borrower Borrowers nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 [section]4201 of ERISA or as a result of a sale of assets described in §4204 [section]4204 of ERISA. Neither None of the Borrower Borrowers nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 [section]4241 or §4245 [section]4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A [section]4041A of ERISA.
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Multiemployer Plans. Neither the Borrower Company nor any ERISA Affiliate has incurred any material liability that remains outstanding (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §section 4201 of ERISA or as a result of a sale of assets described in §section 4204 of ERISA. Neither the Borrower Company nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §section 4241 or §section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §section 4041A of ERISA.
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Multiemployer Plans. Neither any of the Borrower Borrowers nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 of ERISA or as a result of a sale of assets described in §4204 of ERISA. Neither any of the Borrower Borrowers nor any ERISA Affiliate has been notified that (a) any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 or §4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or (b) that any Multiemployer Plan intends to terminate or has been terminated under §4041A of ERISA.
Appears in 1 contract
Samples: Possession Credit Agreement (Real Mex Restaurants, Inc.)
Multiemployer Plans. Neither None of the Parent, the Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 of ERISA or as a result of a sale of assets described in §4204 of ERISA. Neither None of the Parent, the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 or §4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A of ERISA.
Appears in 1 contract
Samples: Revolving Credit and Term Loan (Quaker Fabric Corp /De/)
Multiemployer Plans. Neither the Borrower nor any ERISA ------------- ----- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 (S)4201 of ERISA or as a result of a sale of assets described in §4204 (S)4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 (S)4241 or §4245 (S)4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A (S)4041A of ERISA.
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Multiemployer Plans. Neither the Borrower nor any ERISA Affiliate has has, since January 1, 1996, incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §Section 4201 of ERISA or as a result of a sale of assets described in §Section 4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §Section 4241 or §Section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §Section 4041A of ERISA.
Appears in 1 contract
Samples: Revolving Credit Agreement (Friendly Ice Cream Corp)
Multiemployer Plans. Neither None of the Parent, the Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §Section 4201 of ERISA or as a result of a sale of assets described in §Section 4204 of ERISA. Neither None of the Parent, the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §Section 4241 or §Section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §Section 4041A of ERISA.
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Multiemployer Plans. Neither the Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 [SECTION]4201 of ERISA or as a result of a sale of assets described in §4204 [SECTION]4202 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §4241 [SECTION]4241 or §4245 [SECTION]4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A [SECTION]4041A of ERISA.
Appears in 1 contract
Samples: Credit Agreement (Boston Celtics Limited Partnership)
Multiemployer Plans. Neither the Borrower nor any ERISA Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §Section 4201 of ERISA or as a result of a sale of assets described in §Section 4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of §Section 4241 or §Section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, insolvent or that any Multiemployer Plan intends to terminate or has been terminated under §Section 4041A of ERISA.
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Multiemployer Plans. Neither the Borrower Borrower, Parent nor any ERISA Affiliate has incurred any material unpaid liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under §4201 of ERISA or as a result of a sale of assets described in §4204 of ERISA. Neither the Borrower Borrower, Parent nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization reorganization, insolvent or insolvent "endangered" or "critical" status under and within the meaning of §4241 4241, §4245 or §4245 305, respectively, of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under §4041A of ERISA.
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