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
Sources: Credit Agreement (Safety Insurance Group Inc), Credit Agreement (Safety Insurance Group Inc), Revolving Credit Agreement (SeaCube Container Leasing 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 §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 23 contracts
Sources: Quarterly Report, Quarterly Report, Quarterly Report
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
Sources: Senior Secured Credit Agreement (Borders Group Inc), Subordination Agreement (BTHC VII Inc), Senior Secured Credit Agreement (Pershing Square Capital Management, 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 §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
Sources: Revolving Credit Agreement (Ionics Inc), Revolving Credit and Term Loan Agreement (Marcam Corp), Revolving Credit and Term Loan Agreement (Hvide Marine 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
Sources: Credit Agreement (Vermont Pure Holdings LTD/De), Revolving Credit and Term Loan Agreement (Casella Waste Systems 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
Sources: Revolving Credit and Term Loan Agreement (Perkins Family Restaurants Lp), Revolving Credit Agreement (Provant Inc), Credit Agreement (HPSC 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 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
Sources: Revolving Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.), Revolving Credit Agreement (Barnes Group Inc), Revolving Credit Agreement (McCormick & Schmick Holdings, L.L.C.)
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
Sources: Revolving Credit and Term Loan Agreement (Sovran Acquisition LTD Partnership), Term Loan Agreement (Sovran Self Storage Inc), Revolving Credit and Term Loan Agreement (Sovran Self Storage 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
Sources: Revolving Credit Agreement (Ameriking Inc), Long Term Credit Agreement (Pimco Advisors Holdings Lp), Revolving 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 §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
Sources: Revolving Credit and Term Loan Agreement (Life Storage Lp), Revolving Credit and Term Loan Agreement (Sovran Self Storage Inc), Revolving Credit and Term Loan Agreement (Sovran Self Storage 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).
Appears in 3 contracts
Sources: Revolving Credit Agreement (United States Cellular Corp), Revolving Credit Agreement (Telephone & Data Systems Inc /De/), Revolving Credit Agreement (United States Cellular Corp)
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
Sources: 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
Sources: Revolving Credit Agreement (American Restaurant Group Inc), Multicurrency Revolving Credit Agreement (Borders Group Inc), Multicurrency Revolving Credit Agreement (Borders Group 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 §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
Sources: Revolving Credit Agreement (Mack Cali Realty L P), Term Loan Agreement (Mack Cali Realty Corp), Term Loan Agreement (Mack Cali Realty L P)
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
Sources: Revolving Credit Agreement (Mack Cali Realty Corp), Revolving Credit Agreement (Mack Cali Realty Corp), Revolving Credit Agreement (Mack Cali Realty L P)
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
Sources: Revolving Credit Agreement (Flextronics International LTD), Revolving Credit Agreement (Flextronics International LTD), Revolving Credit and Term Loan 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 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
Sources: 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
Sources: Loan Agreement (Omnipoint Corp \De\), Loan Agreement (Omnipoint Corp \De\)
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
Sources: Revolving Credit and Term Loan Agreement (Emmis Communications Corp), Note Purchase Agreement (Emmis Communications Corp)
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.
Appears in 1 contract
Sources: Revolving Credit Agreement (First Virtual Communications 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, insolvent or that any Multiemployer Plan intends to terminate or has been terminated under §Section 4041A of ERISA.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Aviall 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
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
Sources: Revolving Credit and Term Loan Agreement (Bell Sports 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 [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
Sources: Credit Agreement (Boston Celtics Limited Partnership)
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
Sources: Revolving Credit and Term Loan Agreement (Quaker Fabric Corp /De/)
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.
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 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 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.
Appears in 1 contract
Multiemployer Plans. Neither the Borrower ▇▇▇▇▇▇ 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 ▇▇▇▇▇▇ 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
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
Sources: 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.
Appears in 1 contract
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
Sources: Revolving Credit Agreement (Flextronics International LTD)
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
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
Sources: Revolving Credit and Term Loan Agreement (Il Fornaio America 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 (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 §(S) 4041A of ERISA.
Appears in 1 contract
Sources: Short Term Credit Agreement (Pimco Advisors Holdings Lp)
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 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 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
Sources: Revolving Credit Agreement (Friendly Ice Cream 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 §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
Sources: Loan Agreement (Omnipoint Corp \De\)
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.
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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 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.
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Sources: Revolving Credit Agreement (Us Xpress Enterprises Inc)
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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Sources: Revolving Credit and Term Loan Agreement (Iesi Tx 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 §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.
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Sources: 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 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.
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Sources: 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.
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Sources: Senior Secured Note Purchase Agreement (Oglebay Norton Co /Ohio/)
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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