Neither U. S. Borrower nor any of its Subsidiaries has treated, stored, transported or disposed of Hazardous Materials at or from any currently or formerly owned real estate or facility relating to its business in a manner that could reasonably be expected to have a Material Adverse Effect.
Neither U. S. EPA nor IDHW shall be held out as a Party to any contract entered into by U.S. DOE to implement the requirements of this Agreement.
Neither U. K. Borrower shall be required to pay any additional amount to any Lender under clause (c) of subsection 2.7B(ii) in respect of deductions or withholdings of income or similar taxes imposed by the Xxxxxx Xxxxxxx with respect to payments by such U.K. Borrower which would not have been imposed on such payment if the Lender to which such payment was made was at the date of payment a U.K. Qualifying Bank and was beneficially entitled to the interest.
Neither U. S. Bancorp nor any of its Subsidiaries is subject to any cease-and-desist or other order issued by, or is a party to any written agreement, consent agreement or memorandum of understanding with, or is a party to any commitment letter or similar undertaking to, or is subject to any order or directive by, or has been since January 1, 1997, a recipient of any supervisory letter from, or since January 1, 1997, has adopted any board resolutions at the request of any Regulatory Agency or other Governmental Entity that currently restricts in any material respect the conduct of its business or that in any material manner relates to its capital adequacy, its credit policies, its management or its business (each, whether or not set forth in the U.S. Bancorp Disclosure Schedule, a "U.S. Bancorp Regulatory Agreement"), nor has U.S. Bancorp or any of its Subsidiaries been advised since January 1, 1997, by any Regulatory Agency or other Governmental Entity that it is considering issuing or requesting any such U.S. Bancorp Regulatory Agreement.
Neither U. S. Borrower nor any U.S. Guarantor shall incur any material accumulated funding deficiency within the meaning of ERISA, or any material liability to the PBGC, established thereunder in connection with any Plan. U.S. Borrower shall furnish to the Banks (a) as soon as possible and in any event within thirty (30) days after any Company knows or has reason to know that, as applicable, any Reportable Event or other violation or event requiring notice under applicable statutes or regulations with respect to any Plan has occurred, a statement of the Financial Officer of such Company, setting forth details as to such Reportable Event or other violation or event requiring notice under applicable statutes or regulations and the action that such Company proposes to take with respect thereto, together with a copy of any notice given to the PBCG or other governing authority, if a copy of such notice is available to such Company, and (b) promptly after receipt thereof, a copy of any notice such Company, or any member of the Controlled Group, as applicable, may receive from, as applicable, the PBGC, the Internal Revenue Service or other governing authority with respect to any Plan administered by such Company; provided, that this latter clause shall not apply to notices of general application promulgated by the PBGC, the Internal Revenue Service or other governing authority. U.S. Borrower shall promptly notify the Banks of any material taxes assessed, proposed to be assessed or which U.S. Borrower have reason to believe may be assessed against a Company by the Internal Revenue Service or other governing authority with respect to any Plan. As used in this Section "material" means the measure of a matter of significance which shall be determined as being an amount equal to five percent (5%) of the Consolidated Net Worth (as hereinafter defined) of the Companies. As soon as practicable, and in any event within twenty (20) days, after any Company becomes aware that, as applicable, an ERISA Event or event which may cause a material liability to a Company has occurred, such Company shall provide Agent and the Banks with notice of such ERISA Event or such other event with a certificate by a Financial Officer of such Company setting forth the details of the event and the action such Company or another Controlled Group member proposes to take with respect thereto. U.S. Borrower shall, at the request of Agent or any Bank, deliver or cause to be delivered to Agent or such Bank, as ...
Neither U. S. Seller nor any Seller ERISA Affiliate has, in the past six (6) years with respect to any U.S. Employee, sponsored, maintained, contributed to (or been required to sponsor, maintain or contribute to) or otherwise had any liability or obligation under (i) any multiemployer plan (as defined in Section 3(37) of ERISA), (ii) any “multiple employer plan” (within the meaning of Section 413 of the Code), (iii) any “multiple employer welfare arrangement” (within the meaning of 3(40) of ERISA), or (iv) any “voluntary employee beneficiary association” (within the meaning of Section 501(a)(9) of the Code).
Neither U. S. Mining nor the Consultants can assign any rights, duties or obligations under this Plan, and in the event of any such assignment, such assignment shall be deemed null and void.
Neither U. S. Bancorp nor any of its Subsidiaries is a party to any, and there are no pending or, to the best of U.S. Bancorp's knowledge, threatened, legal, administrative, arbitral or other proceedings, claims, actions or governmental or regulatory investigations of any nature against U.S. Bancorp or any of its Subsidiaries or challenging the validity or propriety of the transactions contemplated by this Agreement or the U.S. Bancorp Option Agreement as to which, in any such case, there is a reasonable probability of an adverse determination and that, if adversely determined, will have, either individually or in the aggregate, a Material Adverse Effect on U.S. Bancorp.
Neither U. S. Tire, Tirus nor WRI is an investment company as defined in Section 368(a)(2)(F)(iii) and (iv) of the Code.
