Common use of Notice of ERISA Event Clause in Contracts

Notice of ERISA Event. a certificate of the chief financial officer of each Loan Party setting forth details as to such occurrence and such action, if any, which a Loan Party, a Subsidiary or an ERISA Affiliate is required or proposes to take, together with any notices received from any Governmental Authority or required or proposed to be given to or filed with or by such Loan Party, such Subsidiary, such ERISA Affiliate, the PBGC, a Plan participant or the Plan administrator, with respect thereto: that a Reportable Event has occurred with respect to a Plan, that a failure to satisfy the “minimum funding standard” has occurred or an application may be or has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard (including any required installment payments) or an extension of any amortization period under Section 412 of the Code with respect to a Plan, that a Plan has been or may be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, that one or more Plans have a funding failure giving rise to a Lien under ERISA, that the Loan Party has been notified that proceedings may be or have been instituted to terminate a Multi-Employer Plan, that a proceeding has been instituted pursuant to Section 515 of ERISA against the Loan Party to collect a delinquent contribution to a Plan, or that any Loan Party, any Subsidiary or any ERISA Affiliate will or may incur any liability (including any contingent or secondary liability) to or on account of the termination of or withdrawal from a Plan under Section 4062, 4063, 4064, or to a Multi-Employer Plan under Section 4201 or 4204 of ERISA. Upon reasonable request by the Administrative Agent, each Loan Party will deliver to the Administrative Agent a complete copy of the annual report (Form 5500) of each Plan required to be filed with the Internal Revenue Service. In addition to any certificates or notices delivered to the Administrative Agent pursuant to the first sentence hereof, copies of annual reports and any other notices received by each Loan Party or such Subsidiary required to be delivered to the Administrative Agent hereunder shall be delivered to the Administrative Agent no later than ten days after the later of the date such report or notice has been filed with the Internal Revenue Service or the PBGC, given to Plan participants or received by any Loan Party or any Subsidiary;

Appears in 2 contracts

Samples: Credit Agreement (Aceto Corp), Credit Agreement (Aceto Corp)

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Notice of ERISA Event. Promptly after the Company or any Guarantor knows any of the following, deliver to the Administrative Agent a certificate of the chief financial officer Chief Financial Officer of each Loan Party the Company setting forth details as to such the occurrence and such the action, if any, which a Loan Partythe Company, a Subsidiary such Guarantor or an any ERISA Affiliate is required or proposes to take, together with any notices received from any Governmental Authority or required or proposed to be given to or filed with or by such Loan Partythe Company, such SubsidiaryGuarantor, such ERISA Affiliate, the PBGC, a Plan participant or the Plan administrator, with respect thereto: that a Reportable Event has occurred with respect to a Plan, that a failure to satisfy an accumulated funding deficiency (as defined in Section 412 of the “minimum funding standard” Code) has occurred been incurred or an application may be or has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard (including any required installment payments) or an extension of any amortization period under Section 412 of the Code with respect to a PlanPlan that is a Single Employer Plan (within the meaning of Section 4001(a)(15) of ERISA), that a Plan has been or may be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, that one or more Plans that are Single Employer Plans (within the meaning of Section 4001(a)(15) of ERISA) have a funding failure giving rise to a Lien under ERISAan Unfunded Current Liability, that the Loan Party has been notified that proceedings may be or have been instituted to terminate a Multi-Employer Plan, that a proceeding has been instituted pursuant to Section 515 of ERISA against the Loan Party to collect a delinquent contribution to a Plan, or that any Loan Partythe Company, any Subsidiary Guarantor or any ERISA Affiliate will or may incur any liability (including any contingent or secondary liability) to or on account of the termination of or withdrawal from a Plan under Section 4062, 4063, 4064, or to a Multi-Employer Plan under Section 4201 or 4204 of ERISA. Upon reasonable request by of any Lender, the Administrative Agent, each Loan Party Company will deliver to the Administrative Agent each Lender a complete copy of the annual report (Form 5500) of each Plan required to be that is a Single Employer Plan (within the meaning of Section 4001(a)(15) of ERISA), filed with the Internal Revenue Service. In addition to any certificates or notices delivered to the Administrative Agent each Lender pursuant to the first sentence hereof, copies of annual reports and any other notices received by each Loan Party the Company or such Subsidiary any Guarantor required to be delivered to the Administrative Agent each Lender hereunder shall be delivered to the Administrative Agent each Lender no later than ten days after the later of the date such report or notice has been filed with the Internal Revenue Service or the PBGC, given to Plan participants or received by any Loan Party the Company or any Subsidiary;Guarantor.

Appears in 2 contracts

Samples: Pledge Agreement (Hain Celestial Group Inc), Credit Agreement (Hain Celestial Group Inc)

Notice of ERISA Event. Promptly deliver to the Administrative Agent a certificate of the chief financial officer Financial Officer of each Loan Party the Company setting forth details as to such occurrence and such action, if any, which a Loan Partythe Company, a Subsidiary Guarantor or an ERISA Affiliate is required or proposes to take, together with any notices received from any Governmental Authority or required or proposed to be given to or filed with or by such Loan Partythe Company, such SubsidiaryGuarantor, such ERISA Affiliate, the PBGC, a Plan participant or the Plan administrator, with respect thereto: that a Reportable Event has occurred with respect to a Plan, that a failure to satisfy the “minimum an accumulated funding standard” deficiency has occurred been incurred or an application may be or has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard (including any required installment payments) or an extension of any amortization period under Section 412 of the Code with respect to a Plan, that a Plan has been or may be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, that one or more Plans have a funding failure an Unfunded Current Liability giving rise to a Lien under ERISA, that the Loan Party has been notified that proceedings may be or have been instituted to terminate a Multi-Employer Plan, that a proceeding has been instituted pursuant to Section 515 of ERISA against the Loan Party to collect a delinquent contribution to a Plan, or that any Loan Partythe Company, any Subsidiary Guarantor or any ERISA Affiliate will or may incur any liability (including any contingent or secondary liability) to or on account of the termination of or withdrawal from a Plan under Section 4062, 4063, 4064, or to a Multi-Employer Plan under Section 4201 or 4204 of ERISA. Upon reasonable request by the Administrative Agent, each Loan Party The Company will deliver to the Administrative Agent each Lender a complete copy of the annual report (Form 5500) of each Plan required to be filed with the Internal Revenue Service. In addition to any certificates or notices delivered to the Administrative Agent each Lender pursuant to the first sentence hereof, copies of annual reports and any other notices received by each Loan Party the Company or such Subsidiary Guarantor required to be delivered to the Administrative Agent each Lender hereunder shall be delivered to the Administrative Agent each Lender no later than ten days after the later of the date such report or notice has been filed with the Internal Revenue Service or the PBGC, given to Plan participants or received by any Loan Party the Company or any Subsidiary;Guarantor.

Appears in 2 contracts

Samples: Credit Agreement (Medical Action Industries Inc), Credit Agreement (Medical Action Industries Inc)

Notice of ERISA Event. Promptly deliver to the Lender a certificate of the chief financial officer of each Loan Party Chief Financial Officer setting forth details as to such occurrence and such action, if any, which a Loan PartyCompany, a Subsidiary or an ERISA Affiliate is required or proposes to take, together with any notices received from any Governmental Authority or required or proposed to be given to or filed with or by such Loan Party, such SubsidiaryCompany, such ERISA Affiliate, the PBGC, a Plan participant or the Plan administrator, with respect thereto: that a Reportable Event has occurred with respect to a Plan, that a failure to satisfy the “minimum an accumulated funding standard” deficiency has occurred been incurred or an application may be or has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard (including any required installment payments) or an extension of any amortization period under Section 412 of the Code with respect to a Plan, that a Plan has been or may be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, that one or more Plans have a funding failure an Unfunded Current Liability giving rise to a Lien under ERISA, that the Loan Party has been notified that proceedings may be or have been instituted to terminate a Multi-Employer Plan, that a proceeding has been instituted pursuant to Section 515 of ERISA against the Loan Party to collect a delinquent contribution to a Plan, or that any Loan Partysuch Company, any Subsidiary or any ERISA Affiliate will or may incur any liability (including any contingent or secondary liability) to or on account of the termination of or withdrawal from a Plan under Section 4062, 4063, 4064, or to a Multi-Employer Plan under Section 4201 or 4204 of ERISA. Upon reasonable request by the Administrative Agent, each Loan Party The Companies will deliver to the Administrative Agent Lender a complete copy of the annual report (Form 5500) of each Plan required to be filed with the Internal Revenue Service. In addition to any certificates or notices delivered to the Administrative Agent Lender pursuant to the first sentence hereof, copies of annual reports and any other notices received by each Loan Party or such Subsidiary any Company required to be delivered to the Administrative Agent Lender hereunder shall be delivered to the Administrative Agent Lender no later than ten days after the later of the date such report or notice has been filed with the Internal Revenue Service or the PBGC, given to Plan participants or received by any Loan Party or any Subsidiary;Company.

Appears in 2 contracts

Samples: Credit Agreement (Aceto Corp), Credit Agreement (Aceto Corp)

Notice of ERISA Event. Promptly after the Company knows any of the following, but only if the occurrence of any such event could reasonably be expected to have a Material Adverse Effect, deliver to the Administrative Agent a certificate of the chief financial officer Chief Financial Officer of each Loan Party the Company setting forth details as to such the occurrence and such the action, if any, which a Loan Partythe Company, a any Guarantor, any Subsidiary or an any ERISA Affiliate is required or proposes to take, together with any notices received from any Governmental Authority (in the Company’s possession or reasonably obtainable by it) the Company, such Guarantor, such Subsidiary or such ERISA Affiliate is required or proposed to be given give to or filed file with or by such Loan Party, such Subsidiary, such ERISA Affiliate, the PBGC, a Plan participant or the Plan administrator, with respect thereto: that a Reportable Event has occurred with respect to a Plan, that a failure to satisfy an accumulated funding deficiency (as defined in Section 412 of the “minimum funding standard” Code) has occurred been incurred or an application may be or has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard (including any required installment payments) or an extension of any amortization period under Section 412 of the Code with respect to a PlanPlan that is a single employer Plan (within the meaning of Section 4001(a)(15) of ERISA), that a Plan has been or may be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, that one or more Plans that are single employer Plans (within the meaning of Section 4001(a)(15) of ERISA) have a funding failure giving rise to a Lien under ERISAan Unfunded Current Liability, that the Loan Party has been notified that proceedings may be or have been instituted to terminate a Multi-Employer Plan, that a proceeding has been instituted pursuant to Section 515 of ERISA against the Loan Party to collect a delinquent contribution to a Plan, or that any Loan Partythe Company, any Subsidiary Guarantor, any of their respective Subsidiaries or any ERISA Affiliate will or may incur any material liability (including any material contingent or secondary liability) to or on account of the termination of or withdrawal from a Plan under Section 4062, 4063, 4064, or to a Multi-Employer Plan under Section 4201 or 4204 of ERISA. Upon reasonable written request by of any Lender, the Administrative Agent, each Loan Party Company will deliver to the Administrative Agent each Lender a complete copy of the annual report (Form 5500) of each Plan required to be that is a single employer Plan (within the meaning of Section 4001(a)(15) of ERISA) (in the Company’s possession or reasonably obtainable by it), filed with the Internal Revenue Service. In addition to any certificates or notices delivered to the Administrative Agent pursuant to the first sentence hereof, copies of annual reports and any other notices received by each Loan Party or such Subsidiary required to be delivered to the Administrative Agent hereunder shall be delivered to the Administrative Agent no later than ten days after the later of the date such report or notice has been filed with the Internal Revenue Service or the PBGC, given to Plan participants or received by any Loan Party or any Subsidiary;.

Appears in 2 contracts

Samples: Credit Agreement (Comtech Telecommunications Corp /De/), Credit Agreement (Comtech Telecommunications Corp /De/)

Notice of ERISA Event. Promptly deliver to the Lender a certificate of the chief financial officer Chief Financial Officer of each Loan Party the Company setting forth details as to such occurrence and such action, if any, which a Loan Partythe Company, a Subsidiary any Guarantor, or an such ERISA Affiliate is required or proposes to take, together with any notices received from any Governmental Authority or required or proposed to be given to or filed with or by such Loan Partythe Company, such SubsidiaryGuarantor, such ERISA Affiliate, the PBGC, a Plan participant or the Plan administrator, with respect thereto: that a Reportable Event has occurred with respect to a Plan, that a failure to satisfy the “minimum an accumulated funding standard” deficiency has occurred been incurred or an application may be or has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard (including any required installment payments) or an extension of any amortization period under Section 412 of the Code with respect to a Plan, that a Plan has been or may be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, that one or more Plans have a funding failure an Unfunded Current Liability giving rise to a Lien under ERISA, that the Loan Party has been notified that proceedings may be or have been instituted to terminate a Multi-Employer Plan, that a proceeding has been instituted pursuant to Section 515 of ERISA against the Loan Party to collect a delinquent contribution to a Plan, or that any Loan Partythe Company, any Subsidiary Guarantor or any ERISA Affiliate will or may incur any liability (including any contingent or secondary liability) to or on account of the termination of or withdrawal from a Plan under Section 4062, 4063, 4064, or to a Multi-Employer Plan under Section 4201 or 4204 of ERISA. Upon reasonable request by the Administrative Agent, each Loan Party The Company will deliver to the Administrative Agent Lender a complete copy of the annual report (Form 5500) of each Plan required to be that is a single employer Plan (within the meaning of Section 4001(a)(15) of ERISA), filed with the Internal Revenue Service. In addition to any certificates or notices delivered to the Administrative Agent Lender pursuant to the first sentence hereof, copies of annual reports and any other notices received by each Loan Party the Company or such Subsidiary any Guarantor required to be delivered to the Administrative Agent Lender hereunder shall be delivered to the Administrative Agent Lender no later than ten days after the later of the date such report or notice has been filed with the Internal Revenue Service or the PBGC, given to Plan participants or received by any Loan Party the Company or any Subsidiary;Guarantor.

Appears in 2 contracts

Samples: Credit Agreement (Global Payment Technologies Inc), Credit Agreement (Global Payment Technologies Inc)

Notice of ERISA Event. Promptly deliver to the Administrative Agent a certificate of the chief financial officer Financial Officer of each Loan Party the Company setting forth details as to such occurrence and such action, if any, which a Loan Partythe Company, a Subsidiary Guarantor or an ERISA Affiliate is required or proposes to take, together with any notices received from any Governmental Authority or required or proposed to be given to or filed with or by such Loan Partythe Company, such SubsidiaryGuarantor, such ERISA Affiliate, the PBGC, a Plan participant or the Plan administrator, with respect theretoto any of the following: (a) that a Reportable Event has occurred with respect to a Plan, ; (b) that a failure to satisfy the “minimum an accumulated funding standard” deficiency has occurred been incurred or an application may be or has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard (including any required installment payments) or an extension of any amortization period under Section 412 431 of the Code with respect to a Plan, ; (c) that a Plan has been or may be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, ; (d) that one or more Plans have a funding failure giving rise to a Lien under ERISA, that the Loan Party has been notified imposed under ERISA with respect to any Plan due to an Unfunded Current Liability; (e) that proceedings may be or have been instituted to terminate a Multi-Employer Plan, ; (f) that a proceeding has been instituted pursuant to Section 515 of ERISA against the Loan Party to collect a delinquent contribution to a Plan, ; or (g) that any Loan Partythe Company, any Subsidiary Guarantor or any ERISA Affiliate will or may incur has incurred any liability (including any contingent or secondary liability) to or on account of the termination of or withdrawal from a Plan under Section 4062, 4063, 4064, or to a Multi-Employer Plan under Section 4201 or 4204 of ERISA. Upon reasonable request by the Administrative Agent, each Loan Party The Company will deliver to the Administrative Agent each Lender a complete copy of the annual report (Form 5500) of each Plan required to be filed with the Internal Revenue Service. In addition to any Any certificates or notices delivered to the Administrative Agent each Lender pursuant to the first sentence hereof, hereof and copies of annual reports and any other notices received by each Loan Party or such Subsidiary required to be delivered to the Administrative Agent each Lender hereunder shall be delivered to the Administrative Agent each Lender no later than ten days after the later of the date such report or notice has been filed with the Internal Revenue Service or the PBGC, given to Plan participants or received by any Loan Party the Company or any Subsidiary;Guarantor.

Appears in 2 contracts

Samples: Credit Agreement (Medical Action Industries Inc), Credit Agreement (Medical Action Industries Inc)

Notice of ERISA Event. Promptly deliver to each Lender a certificate of the chief financial officer Chief Financial Officer of each Loan Party Company setting forth details as to such occurrence and such action, if any, which a Loan PartyCompany, a Subsidiary Guarantor or an ERISA Affiliate is required or proposes to take, together with any notices received from any Governmental Authority or required or proposed to be given to or filed with or by such Loan PartyCompany, such SubsidiaryGuarantor, such ERISA Affiliate, the PBGC, a Plan participant or the Plan administrator, with respect thereto: that a Reportable Event has occurred with respect to a Plan, that a failure to satisfy the “minimum an accumulated funding standard” deficiency has occurred been incurred or an application may be or has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard (including any required installment payments) or an extension of any amortization period under Section 412 of the Code with respect to a Plan, that a Plan has been or may be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, that one or more Plans have a funding failure an Unfunded Current Liability giving rise to a Lien under ERISA, that the Loan Party has been notified that proceedings may be or have been instituted to terminate a Multi-Employer Plan, that a proceeding has been instituted pursuant to Section 515 of ERISA against the Loan Party to collect a delinquent contribution to a Plan, or that any Loan PartyCompany, any Subsidiary Guarantor or any ERISA Affiliate will or may incur any liability (including any contingent or secondary liability) to or on account of the termination of or withdrawal from a Plan under Section 4062, 4063, 4064, or to a Multi-Employer Plan under Section 4201 or 4204 of ERISA. Upon reasonable request by the Administrative Agent, each Loan Party Each Company will deliver to the Administrative Agent each Lender a complete copy of the annual report (Form 5500) of each Plan required to be filed with the Internal Revenue Service. In addition to any certificates or notices delivered to the Administrative Agent each Lender pursuant to the first sentence hereof, copies of annual reports and any other notices received by each Loan Party Company or such Subsidiary Guarantor required to be delivered to the Administrative Agent each Lender hereunder shall be delivered to the Administrative Agent each Lender no later than ten days after the later of the date such report or notice has been filed with the Internal Revenue Service or the PBGC, given to Plan participants or received by any Loan Party Company or any Subsidiary;Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Edo Corp)

Notice of ERISA Event. Promptly deliver to the Administrative Agent a certificate of the chief financial officer Chief Financial Officer of each Loan Party Company setting forth details as to such occurrence and such action, if any, which a Loan PartyCompany, a Subsidiary or an ERISA Affiliate is required or proposes to take, together with any notices received from any Governmental Authority or required or proposed to be given to or filed with or by such Loan PartyCompany, such Subsidiary, such ERISA Affiliate, the PBGC, a Plan participant or the Plan administrator, with respect thereto: that a Reportable Event has occurred with respect to a Plan, that a failure to satisfy the “minimum an accumulated funding standard” deficiency has occurred been incurred or an application may be or has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard (including any required installment payments) or an extension of any amortization period under Section 412 of the Code with respect to a Plan, that a Plan has been or may be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, that one or more Plans have a funding failure an Unfunded Current Liability giving rise to a Lien under ERISA, that the Loan Party has been notified that proceedings may be or have been instituted to terminate a Multi-Employer Plan, that a proceeding has been instituted pursuant to Section 515 of ERISA against the Loan Party to collect a delinquent contribution to a Plan, or that any Loan PartyCompany, any Subsidiary or any ERISA Affiliate will or may incur any liability (including any contingent or secondary liability) to or on account of the termination of or withdrawal from a Plan under Section 4062, 4063, 4064, or to a Multi-Employer Plan under Section 4201 or 4204 of ERISA. Upon reasonable request by the Administrative Agent, each Loan Party Each Company will deliver to the Administrative Agent a complete copy of the annual report (Form 5500) of each Plan required to be filed with the Internal Revenue Service. In addition to any certificates or notices delivered to the Administrative Agent pursuant to the first sentence hereof, copies of annual reports and any other notices received by each Loan Party Company or such Subsidiary required to be delivered to the Administrative Agent hereunder shall be delivered to the Administrative Agent no later than ten days after the later of the date such report or notice has been filed with the Internal Revenue Service or the PBGC, given to Plan participants or received by any Loan Party Company or any Subsidiary;.

Appears in 1 contract

Samples: Credit Agreement (Aceto Corp)

Notice of ERISA Event. a certificate of the chief financial officer of each Loan Party setting forth details as to such occurrence and such action, if any, which a Loan Party, a Subsidiary or an ERISA Affiliate is required or proposes to take, together with any notices received from any Governmental Authority or required or proposed to be given to or filed with or by such Loan Party, such Subsidiary, such ERISA Affiliate, the PBGC, a Plan participant or the Plan administrator, with respect thereto: that a Reportable Event has occurred with respect to a Plan, that a failure to satisfy the “minimum funding standard” has occurred or an application may be or has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard (including any required installment payments) or an extension of any amortization period under Section 412 of the Code with respect to a Plan, that a Plan has been or may be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, that one or more Plans have a funding failure giving rise to a Lien under ERISA, that the Loan Party has been notified that proceedings may be or have been instituted to terminate a Multi-Employer Plan, that a proceeding has been instituted pursuant to Section 515 of ERISA against the Loan Party to collect a delinquent contribution to a Plan, or that any Loan Party, any Subsidiary or any ERISA Affiliate will or may incur any liability (including any contingent or secondary liability) to or on account of the termination of or withdrawal from a Plan under Section 4062, 4063, 4064, or to a Multi-Employer Plan under Section 4201 or 4204 of ERISA. Upon reasonable request by the Administrative Agent, each Loan Party will deliver to the Administrative Agent a complete copy of the annual report (Form 5500) of each Plan required to be filed with the Internal Revenue ServiceIRS. In addition to any certificates or notices delivered to the Administrative Agent pursuant to the first sentence hereof, copies of annual reports and any other notices received by each Loan Party or such Subsidiary required to be delivered to the Administrative Agent hereunder shall be delivered to the Administrative Agent no later than ten (10) days after the later of the date such report or notice has been filed with the Internal Revenue Service IRS or the PBGC, given to Plan participants or received by any Loan Party or any Subsidiary;

Appears in 1 contract

Samples: Credit Agreement (Aceto Corp)

Notice of ERISA Event. Promptly deliver to the Lender a certificate of the chief financial officer Chief Financial Officer of each Loan Party the Company setting forth details as to such occurrence and such action, if any, which a Loan Partythe Company, a Subsidiary any Guarantor, or an such ERISA Affiliate is required or proposes to take, together with any notices received from any Governmental Authority or required or proposed to be given to or filed with or by such Loan Partythe Company, such SubsidiaryGuarantor, such ERISA Affiliate, the PBGC, a Plan participant or the Plan administrator, with respect thereto: that a Reportable Event has occurred with respect to a Plan, that a failure to satisfy the “minimum an accumulated funding standard” deficiency has occurred been incurred or an application may be or has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard (including any required installment payments) or an extension of any amortization period under Section 412 of the Code with respect to a Plan, that a Plan has been or may be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, that one or more Plans have a funding failure an Unfunded Current Liability giving rise to a Lien under ERISA, that the Loan Party has been notified that proceedings may be or have been instituted to terminate a Multi-Employer Plan, that a proceeding has been instituted pursuant to Section 515 of ERISA against the Loan Party to collect a delinquent contribution to a Plan, or that any Loan Partythe Company, any Subsidiary Guarantor or any ERISA Affiliate will or may incur any liability (including any contingent or secondary liability) to or on account of the termination of or withdrawal from a Plan under Section 4062, 4063, 4064, or to a Multi-Employer Plan under Section 4201 or 4204 of ERISA. Upon reasonable request by the Administrative Agent, each Loan Party The Company will deliver to the Administrative Agent Lender a complete copy of the annual report (Form 5500) of each Plan required to be that is a single employer Plan (within the meaning of Section 4001(a)(15) of ERISA), filed with the Internal Revenue Service. In addition to any certificates or notices delivered to the Administrative Agent Lender pursuant to the first sentence hereof, copies of annual reports and any other notices received by each Loan Party the Company or such Subsidiary any Guarantor required to be delivered to the Administrative Agent Lender hereunder shall be delivered to the Administrative Agent Lender no later than ten (10) days after the later of the date such report or notice has been filed with the Internal Revenue Service or the PBGC, given to Plan participants or received by any Loan Party the Company or any Subsidiary;Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Coactive Marketing Group Inc)

Notice of ERISA Event. Promptly deliver to the Lender a certificate of the chief financial officer Chief Financial Officer of each Loan Party the Company setting forth details as to such occurrence and such action, if any, which a Loan Partythe Company, a Subsidiary such Corporate Guarantor or an such ERISA Affiliate is required or proposes to take, together with any notices received from any Governmental Authority or required or proposed to be given to or filed with or by such Loan Partythe Company, such Subsidiary, such Corporate Guarantor ERISA Affiliate, the PBGC, a Plan participant or the Plan administrator, with respect thereto: that a Reportable Event has occurred with respect to a Plan, that a failure to satisfy the “minimum an accumulated funding standard” deficiency has occurred been incurred or an application may be or has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard (including any required installment payments) or an extension of any amortization period under Section 412 of the Code with respect to a Plan, that a Plan has been or may be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, that one or more Plans have a funding failure an Unfunded Current Liability giving rise to a Lien under ERISA, that the Loan Party has been notified that proceedings may be or have been instituted to terminate a Multi-Employer Plan, that a proceeding has been instituted pursuant to Section 515 of ERISA against the Loan Party to collect a delinquent contribution to a Plan, or that any Loan Partythe Company, any Subsidiary Corporate Guarantor or any ERISA Affiliate will or may incur any liability (including any contingent or secondary liability) to or on account of the termination of or withdrawal from a Plan under Section 4062, 4063, 4064, or to a Multi-Employer Plan under Section 4201 or 4204 of ERISA. Upon reasonable request by the Administrative Agent, each Loan Party The Company will deliver to the Administrative Agent Lender a complete copy of the annual report (Form 5500) of each Plan required to be that is a single employer Plan (within the meaning of Section 4001(a)(15) of ERISA), filed with the Internal Revenue Service. In addition to any certificates or notices delivered to the Administrative Agent Lender pursuant to the first sentence hereof, copies of annual reports and any other notices received by each Loan Party the Company or such Subsidiary any Corporate Guarantor required to be delivered to the Administrative Agent Lender hereunder shall be delivered to the Administrative Agent Lender no later than ten days after the later of the date such report or notice has been filed with the Internal Revenue Service or the PBGC, given to Plan participants or received by any Loan Party the Company or any Subsidiary;a Corporate Guarantor.

Appears in 1 contract

Samples: Security Agreement (American Medical Alert Corp)

Notice of ERISA Event. Promptly deliver to the Bank a certificate of the chief financial officer Chief Financial Officer of each Loan Party the Company setting forth details as to such occurrence and such action, if any, which a Loan PartyCompany, a Subsidiary any Guarantor or an ERISA Affiliate is required or proposes to take, together with any notices received from any Governmental Authority or required or proposed to be given to or filed with or by such Loan Partythe Company, such Subsidiaryany Guarantor, such ERISA Affiliate, the PBGC, a Plan participant or the Plan administrator, with respect thereto: that a Reportable Event has occurred with respect to a Plan, that a failure to satisfy the “minimum an accumulated funding standard” deficiency has occurred been incurred or an application may be or has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard (including any required installment payments) or an extension of any amortization period under Section 412 of the Code with respect to a Plan, that a Plan has been or may be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, that one or more Plans have a funding failure an Unfunded Current Liability giving rise to a Lien under ERISA, that the Loan Party has been notified that proceedings may be or have been instituted to terminate a Multi-Employer Plan, that a proceeding has been instituted pursuant to Section 515 of ERISA against the Loan Party to collect a delinquent contribution to a Plan, or that any Loan Partythe Company, any Subsidiary Guarantor or any ERISA Affiliate will or may incur any liability (including any contingent or secondary liability) to or on account of the termination of or withdrawal from a Plan under Section 4062, 4063, 4064, or to a Multi-Employer Plan under Section 4201 or 4204 of ERISA. Upon reasonable request by the Administrative Agent, each Loan Party The Company will deliver to the Administrative Agent Bank a complete copy of the annual report (Form 5500) of each Plan required to be filed with the Internal Revenue Service. In addition to any certificates or notices delivered to the Administrative Agent Bank pursuant to the first sentence hereof, copies of annual reports and any other notices received by each Loan Party or such Subsidiary the Company required to be delivered to the Administrative Agent Bank hereunder shall be delivered to the Administrative Agent Bank no later than ten days after the later of the date such report or notice has been filed with the Internal Revenue Service or the PBGC, given to Plan participants or received by any Loan Party the Company or any Subsidiary;Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Vasomedical Inc)

Notice of ERISA Event. Promptly deliver to each Lender a certificate of the chief financial officer Chief Financial Officer of each Loan Party the Company setting forth details as to such 52 occurrence and such action, if any, which a Loan Partythe Company, a Subsidiary such Corporate Guarantor or an such ERISA Affiliate is required or proposes to take, together with any notices received from any Governmental Authority or required or proposed to be given to or filed with or by such Loan Partythe Company, such Subsidiary, such Corporate Guarantor ERISA Affiliate, the PBGC, a Plan participant or the Plan administrator, with respect thereto: that a Reportable Event has occurred with respect to a Plan, that a failure to satisfy the “minimum an accumulated funding standard” deficiency has occurred been incurred or an application may be or has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard (including any required installment payments) or an extension of any amortization period under Section 412 of the Code with respect to a Plan, that a Plan has been or may be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, that one or more Plans have a funding failure an Unfunded Current Liability giving rise to a Lien under ERISA, that the Loan Party has been notified that proceedings may be or have been instituted to terminate a Multi-Employer Plan, that a proceeding has been instituted pursuant to Section 515 of ERISA against the Loan Party to collect a delinquent contribution to a Plan, or that any Loan Partythe Company, any Subsidiary Corporate Guarantor or any ERISA Affiliate will or may incur any liability (including any contingent or secondary liability) to or on account of the termination of or withdrawal from a Plan under Section 4062, 4063, 4064, or to a Multi-Employer Plan under Section 4201 or 4204 of ERISAERISA if any of the foregoing could, individually or in the aggregate, reasonably be expected to cause the Company or the Corporate Guarantors to incur liabilities in excess of $1,000,000, individually or in the aggregate. Upon reasonable request by the Administrative Agent, each Loan Party The Company will deliver to the Administrative Agent each Lender a complete copy of the annual report (Form 5500) of each Plan required to be that is a single employer Plan (within the meaning of Section 4001(a)(15) of ERISA), filed with the Internal Revenue Service. In addition to any certificates or notices delivered to the Administrative Agent each Lender pursuant to the first sentence hereof, copies of annual reports and any other notices received by each Loan Party the Company or such Subsidiary any Corporate Guarantor and required to be delivered to the Administrative Agent each Lender hereunder shall be delivered to the Administrative Agent each Lender no later than ten days after the later of the date such report or notice has been filed with the Internal Revenue Service or the PBGC, given to Plan participants or received by any Loan Party the Company or any Subsidiary;a Corporate Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Sbarro Inc)

Notice of ERISA Event. Promptly deliver to the Lender a certificate of the chief financial officer Chief Financial Officer of each Loan Party Company setting forth details as to such occurrence and such action, if any, which a Loan PartyCompany, a Subsidiary Guarantor or an ERISA Affiliate is required or proposes to take, together with any notices received from any Governmental Authority or required or proposed to be given to or filed with or by such Loan PartyCompany, such SubsidiaryGuarantor, such ERISA Affiliate, the PBGC, a Plan participant or the Plan administrator, with respect thereto: that a Reportable Event has occurred with respect to a Plan, that a failure to satisfy the “minimum an accumulated funding standard” deficiency has occurred been incurred or an application may be or has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard (including any required installment payments) or an extension of any amortization period under Section 412 of the Code with respect to a Plan, that a Plan has been or may be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, that one or more Plans have a funding failure an Unfunded Current Liability giving rise to a Lien under ERISA, that the Loan Party has been notified that proceedings may be or have been instituted to terminate a Multi-Employer Plan, that a proceeding has been instituted pursuant to Section 515 of ERISA against the Loan Party to collect a delinquent contribution to a Plan, or that any Loan PartyCompany, any Subsidiary Guarantor or any ERISA Affiliate will or may incur any liability (including any contingent or secondary liability) to or on account of the termination of or withdrawal from a Plan under Section 4062, 4063, 4064, or to a Multi-Employer Plan under Section 4201 or 4204 of ERISA. Upon reasonable request by the Administrative Agent, each Loan Party Each Company will deliver to the Administrative Agent Lender a complete copy of the annual report (Form 5500) of each Plan required to be filed with the Internal Revenue Service. In addition to any certificates or notices delivered to the Administrative Agent Lender pursuant to the first sentence hereof, copies of annual reports and any other notices received by each Loan Party Company or such Subsidiary Guarantor required to be delivered to the Administrative Agent Lender hereunder shall be delivered to the Administrative Agent Lender no later than ten days after the later of the date such report or notice has been filed with the Internal Revenue Service or the PBGC, given to Plan participants or received by any Loan Party Company or any Subsidiary;Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Coactive Marketing Group Inc)

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Notice of ERISA Event. Promptly, and in any event within ten (10) days after the Company or any Guarantor knows any of the following, deliver to the Administrative Agent a certificate of the chief financial officer Chief Financial Officer of each Loan Party the Company setting forth details as to such the occurrence and such the action, if any, which a Loan Partythe Company, a Subsidiary such Guarantor or an any ERISA Affiliate is required or proposes to take, together with any notices received from any Governmental Authority or required or proposed to be given to or filed with or by such Loan Partythe Company, such SubsidiaryGuarantor, such ERISA Affiliate, the PBGC, a Plan participant or the Plan administrator, with respect thereto: that a Reportable Event has occurred with respect to a Plan, that a failure to satisfy an accumulated funding deficiency (as defined in Section 412 of the “minimum funding standard” Code) has occurred been incurred or an application may be or has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard (including any required installment payments) or an extension of any amortization period under Section 412 of the Code with respect to a PlanPlan that is a Single Employer Plan (within the meaning of Section 4001(a)(15) of ERISA), that a Plan has been or may be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, that one or more Plans that are Single Employer Plans (within the meaning of Section 4001(a)(15) of ERISA) have a funding failure giving rise to a Lien under ERISAan Unfunded Current Liability, that the Loan Party has been notified that proceedings may be or have been instituted to terminate a Multi-Employer Plan, that a proceeding has been instituted pursuant to Section 515 of ERISA against the Loan Party to collect a delinquent contribution to a Plan, or that any Loan Partythe Company, any Subsidiary Guarantor or any ERISA Affiliate will or may incur any liability (including any contingent or secondary liability) to or on account of the termination of or withdrawal from a Plan under Section 4062, 4063, 4064, or to a Multi-Employer Plan under Section 4201 or 4204 of ERISA. Upon reasonable request by of any Lender, the Administrative Agent, each Loan Party Company will deliver to the Administrative Agent each Lender a complete copy of the annual report (Form 5500) of each Plan required to be that is a Single Employer Plan (within the meaning of Section 4001(a)(15) of ERISA), filed with the Internal Revenue Service. In addition to any certificates or notices delivered to the Administrative Agent each Lender pursuant to the first sentence hereof, copies of annual reports and any other notices received by each Loan Party the Company or such Subsidiary any Guarantor required to be delivered to the Administrative Agent each Lender hereunder shall be delivered to the Administrative Agent each Lender no later than ten days after the later of the date such report or notice has been filed with the Internal Revenue Service or the PBGC, given to Plan participants or received by any Loan Party the Company or any Subsidiary;Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Symbol Technologies Inc)

Notice of ERISA Event. Promptly deliver to each Lender a certificate of the chief financial officer Chief Financial Officer of each Loan Party the Company setting forth details as to such occurrence and such action, if any, which a Loan Partythe Company, a such Subsidiary of the Company or an such ERISA Affiliate is required or proposes to take, together with any notices received from any Governmental Authority or required or proposed to be given to or filed with or by such Loan Partythe Company, such SubsidiarySubsidiary of the Company, such ERISA Affiliate, the PBGC, a Plan participant or the Plan administrator, with respect thereto: that a Reportable Event has occurred with respect to a Planoccurred, that a failure to satisfy the “minimum an accumulated funding standard” deficiency has occurred been incurred or an application may be or has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard (including any required installment payments) or an extension of any amortization period under Section 412 of the Code with respect to a Plan, that a Plan has been or may be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, that one or more Plans have a funding failure Plan has an Unfunded Current Liability giving rise to a Lien lien under ERISA, that the Loan Party has been notified that proceedings may be or have been instituted to terminate a Multi-Employer Plan, that a proceeding has been instituted pursuant to Section 515 of ERISA against the Loan Party to collect a delinquent contribution to a Plan, or that any Loan Partythe Company, any Subsidiary of the Company or any ERISA Affiliate will or may incur any liability (including any contingent or secondary liability) to or on account of the termination of or withdrawal from a Plan under Section 4062, 4063, 4064, or to a Multi-Employer Plan under Section 4201 or 4204 of ERISA. Upon reasonable request by the Administrative Agent, each Loan Party The Company will deliver to the Administrative Agent each Lender a complete copy of the annual report (Form 5500) of each Plan required to be filed with the Internal Revenue Service. In addition to any certificates or notices delivered to the Administrative Agent each Lender pursuant to the first sentence hereof, copies of annual reports and any other notices received by each Loan Party the Company or such any Subsidiary of the Company required to be delivered to the Administrative Agent each Lender hereunder shall be delivered to the Administrative Agent each Lender no later than ten days after the later of the date such report or notice has been filed with the Internal Revenue Service or the PBGC, given to Plan participants or received by any Loan Party the Company or any Subsidiary;a Subsidiary of the Company.

Appears in 1 contract

Samples: Credit Agreement (Family Golf Centers Inc)

Notice of ERISA Event. Promptly deliver to each Lender a certificate of the chief financial officer Chief Financial Officer of each Loan Party the Company setting forth details as to such occurrence and such action, if any, which a Loan Partythe Company, a Subsidiary such Corporate Guarantor or an such ERISA Affiliate is required or proposes to take, together with any notices received from any Governmental Authority or required or proposed to be given to or filed with or by such Loan Partythe Company, such SubsidiaryCorporate Guarantor, such ERISA Affiliate, the PBGC, a Plan participant or the Plan administrator, with respect thereto: that a Reportable Event has occurred with respect to a Plan, that a failure to satisfy the “minimum an accumulated funding standard” deficiency has occurred been incurred or an application may be or has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard (including any required installment payments) or an extension of any amortization period under Section 412 of the Code with respect to a Plan, that a Plan has been or may be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, that one or more Plans have a funding failure an Unfunded Current Liability giving rise to a Lien under ERISA, that the Loan Party has been notified that proceedings may be or have been instituted to terminate or appoint a Multi-Employer trustee to administer a Plan, that a proceeding has been instituted pursuant to Section 515 of ERISA against the Loan Party to collect a delinquent contribution to a Plan, or that any Loan Partythe Company, any Subsidiary Corporate Guarantor or any ERISA Affiliate will or may incur any liability (including any contingent or secondary liability) to or on account of the termination of or withdrawal from a Plan under Section 4062, 4063, 4064, or to a Multi-Employer Plan under Section 4201 or 4204 of ERISA. Upon reasonable request by the Administrative Agent, each Loan Party The Company will deliver to the Administrative Agent each Lender a complete copy of the annual report (Form 5500) of each Plan required to be that is a single employer Plan (within the meaning of Section 4001(a)(15) of ERISA), filed with the Internal Revenue Service. In addition to any certificates or notices delivered to the Administrative Agent each Lender pursuant to the first sentence hereof, copies of annual reports and any other notices received by each Loan Party the Company or such Subsidiary any Corporate Guarantor required to be delivered to the Administrative Agent each Lender hereunder shall be delivered to the Administrative Agent each Lender no later than ten days after the later of the date such report or notice has been filed with the Internal Revenue Service or the PBGC, given to Plan participants or received by any Loan Party the Company or any Subsidiary;a Corporate Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Lexent Inc)

Notice of ERISA Event. Promptly deliver to each Lender a certificate of the chief financial officer Chief Financial Officer of each Loan Party the Company setting forth details as to such occurrence and such action, if any, which a Loan Party, a Subsidiary any Credit Party or an ERISA Affiliate is required or proposes to take, together with any notices received from any Governmental Authority or required or proposed to be given to or filed with or by such Loan Credit Party, such Subsidiary, such ERISA Affiliate, the PBGC, a Plan participant or the Plan administrator, with respect thereto: that a Reportable Event has occurred with respect to a Planoccurred, that a failure to satisfy the “minimum an accumulated funding standard” deficiency has occurred been incurred or an application may be or has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard (including any required installment payments) or an extension of any amortization period under Section 412 of the Code with respect to a Plan, that a Plan has been or may be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, that one or more Plans have a funding failure Plan has an Unfunded Current Liability giving rise to a Lien lien under ERISA, that the Loan Party has been notified that proceedings may be or have been instituted to terminate a Multi-Employer Plan, that a proceeding has been instituted pursuant to Section 515 of ERISA against the Loan Party to collect a delinquent contribution to a Plan, or that any Loan Party, any Subsidiary Credit Party or any ERISA Affiliate will or may incur any liability (including any contingent or secondary liability) to or on account of the termination of or withdrawal from a Plan under Section 4062, 4063, 4064, or to a Multi-Employer Plan under Section 4201 or 4204 of ERISA. Upon reasonable request by the Administrative Agent, each Loan Party The Company will deliver to the Administrative Agent each Lender a complete copy of the annual report (Form 5500) of each Plan required to be filed with the Internal Revenue Service. In addition to any certificates or notices delivered to the Administrative Agent each Lender pursuant to the first sentence hereofof this Section, copies of annual reports and any other notices received by each Loan any Credit Party or such Subsidiary required to be delivered to the Administrative Agent each Lender hereunder shall be delivered to the Administrative Agent each Lender no later than ten days after the later of the date such report or notice has been filed with the Internal Revenue Service or the PBGC, given to Plan participants or received by any Loan Party or any Subsidiary;a Credit Party.

Appears in 1 contract

Samples: Agreement (Family Golf Centers Inc)

Notice of ERISA Event. Promptly deliver to the Lender a certificate of the chief financial officer Chief Financial Officer of each Loan Party the Company setting forth details as to such occurrence and such action, if any, which a Loan Partythe Company, a such Subsidiary of the Company or an such ERISA Affiliate is required or proposes to take, together with any notices received from any Governmental Authority or required or proposed to be given to or filed with or by such Loan Partythe Company, such SubsidiarySubsidiary of the Company, such ERISA Affiliate, the PBGC, a Plan participant or the Plan administrator, with respect thereto: that a Reportable Event has occurred with respect to a Plan, that a failure to satisfy an accumulated funding deficiency (as defined in Section 412 of the “minimum funding standard” Code) has occurred been incurred or an application may be or has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard (including any required installment payments) or an extension of any amortization period under Section 412 of the Code with respect to a PlanPlan that is a single employer plan (within the meaning of Section 4001(a)(15) of ERISA), that a Plan has been or may be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, that one or more Plans that are Single Employer Plans (within the meaning of Section 4001(a)(15) of ERISA) have a funding failure giving rise to a Lien under ERISAan Unfunded Current Liability in excess of $100,000 in the aggregate, that the Loan Party has been notified that proceedings may be or have been instituted to terminate a Multi-Employer Plan, that a proceeding has been instituted pursuant to Section 515 of ERISA against the Loan Party to collect a delinquent contribution to a Plan, or that any Loan Partythe Company, any Subsidiary of the Company or any ERISA Affiliate will or may incur any liability (including any contingent or secondary liability) to or on account of the termination of or withdrawal from a Plan under Section 4062, 4063, 4064, or to a Multi-Employer Plan under Section 4201 or 4204 of ERISA. Upon reasonable request by of the Administrative AgentLender, each Loan Party the Company will deliver to the Administrative Agent Lender a complete copy of the annual report (Form 5500) of each Plan required to be that is a single employer Plan (within the meaning of Section 4001(a)(15) of ERISA), filed with the Internal Revenue Service. In addition to any certificates or notices delivered to the Administrative Agent Lender pursuant to the first sentence hereof, copies of annual reports and any other notices received by each Loan Party the Company or such any Subsidiary of the Company required to be delivered to the Administrative Agent Lender hereunder shall be delivered to the Administrative Agent Lender no later than ten days after the later of the date such report or notice has been filed with the Internal Revenue Service or the PBGC, given to Plan participants or received by any Loan Party the Company or any Subsidiary;a Subsidiary of the Company.

Appears in 1 contract

Samples: Pledge Agreement (1 800 Flowers Com Inc)

Notice of ERISA Event. The Company shall promptly deliver to the Bank a certificate of the chief financial officer Chief Financial Officer of each Loan Party the Company setting forth details as to such the occurrence and such the action, if any, which a Loan Partythe Company, a Subsidiary Guarantor or an ERISA Affiliate is required or proposes to take, together with any notices received from any Governmental Authority or required or proposed to be given to or filed with or by such Loan Partythe Company, such SubsidiaryGuarantor, such ERISA Affiliate, the PBGC, a Plan participant or the Plan administrator, with respect thereto: that a Reportable Event has occurred with respect to a Plan, that a failure to satisfy an accumulated funding deficiency (as defined in Section 412 of the “minimum funding standard” Code) has occurred been incurred or an application may be or has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard (including any required installment payments) or an extension of any amortization period under Section 412 of the Code with respect to a PlanPlan that is a single employer plan (within the meaning of Section 4001(a)(15) of ERISA), that a Plan has been or may be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, that one or more Plans that are Single Employer Plans (within the meaning of Section 4001(a)(15) of ERISA) have a funding failure giving rise to a Lien under ERISAan Unfunded Current Liability in excess of $100,000 in the aggregate, that the Loan Party has been notified that proceedings may be or have been instituted to terminate a Multi-Employer Plan, that a proceeding has been instituted pursuant to Section 515 of ERISA against the Loan Party to collect a delinquent contribution to a Plan, or that any Loan Partythe Company, any Subsidiary Guarantor or any ERISA Affiliate will or may incur any liability (including any contingent or secondary liability) to or on account of the termination of or withdrawal from a Plan under Section 4062, 4063, 4064, or to a Multi-Employer Plan under Section 4201 or 4204 of ERISA. Upon reasonable request by of the Administrative AgentBank, each Loan Party the Company will deliver to the Administrative Agent Bank a complete copy of the annual report (Form 5500) of each Plan required to be that is a single employer Plan (within the meaning of Section 4001(a)(15) of ERISA), filed with the Internal Revenue Service. In addition to any certificates or notices delivered to the Administrative Agent Bank pursuant to the first sentence hereof, copies of annual reports and any other notices received by each Loan Party the Company or such Subsidiary any Guarantor required to be delivered to the Administrative Agent Bank hereunder shall be delivered to the Administrative Agent Bank no later than ten days after the later of the date such report or notice has been filed with the Internal Revenue Service or the PBGC, given to Plan participants or received by any Loan Party the Company or any Subsidiary;a Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Emerging Vision Inc)

Notice of ERISA Event. Promptly after the Company or any Guarantor knows any of the following, deliver to the Administrative Agent a certificate of the chief financial officer Chief Financial Officer of each Loan Party the Company setting forth details as to such the occurrence and such the action, if any, which a Loan Partythe Company, a Subsidiary such Guarantor or an any ERISA Affiliate is required or proposes to take, together with any notices received from any Governmental Authority or required or proposed to be given to or filed with or by such Loan Partythe Company, such SubsidiaryGuarantor, such ERISA Affiliate, the PBGC, a Plan participant or the Plan administrator, with respect thereto: ; that a Reportable Event has occurred with respect to a Plan, that a failure to satisfy an accumulated funding deficiency (as defined in Section 412 of the “minimum funding standard” Code) has occurred been incurred or an application may be or has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard (including any required installment payments) or an extension of any amortization period under Section 412 of the Code with respect to a PlanPlan that is a Single Employer Plan (within the meaning of Section 4001(a)(15) of ERISA), that a Plan has been or may be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, that one or more Plans that are Single Employer Plans (within the meaning of Section 400l(a)(15) of ERISA) have a funding failure giving rise to a Lien under ERISAan Unfunded Current Liability, that the Loan Party has been notified that proceedings may be or have been instituted to terminate a Multi-Employer Plan, that a proceeding has been instituted pursuant to Section 515 of ERISA against the Loan Party to collect a delinquent contribution to a Plan, or that any Loan Partythe Company, any Subsidiary Guarantor or any ERISA Affiliate will or may incur any liability (including any contingent or secondary liability) to or on account of the termination of or withdrawal from a Plan under Section 4062, 4063, 4064, or to a Multi-Employer Plan under Section 4201 or 4204 of ERISA. Upon reasonable request by of any Lender, the Administrative Agent, each Loan Party Company will deliver to the Administrative Agent each Lender a complete copy of the annual report (Form 5500) of each Plan required to be that is a Single Employer Plan (within the meaning of Section 4001(a)(15) of ERISA), filed with the Internal Revenue Service. In addition to any certificates or notices delivered to the Administrative Agent each Lender pursuant to the first sentence hereof, copies of annual reports and any other notices received by each Loan Party the Company or such Subsidiary any Guarantor required to be delivered to the Administrative Agent each Lender hereunder shall be delivered to the Administrative Agent each Lender no later than ten days after the later of the date such report or notice has been filed with the Internal Revenue Service or the PBGC, given to Plan participants or received by any Loan Party the Company or any Subsidiary;Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Hain Celestial Group Inc)

Notice of ERISA Event. Promptly deliver to the Administrative Agent a certificate of the chief financial officer Chief Financial Officer of each Loan Party Company setting forth details as to such occurrence and such action, if any, which a Loan PartyCompany, a Subsidiary Guarantor or an ERISA Affiliate is required or proposes to take, together with any notices received from any Governmental Authority or required or proposed to be given to or filed with or by such Loan PartyCompany, such SubsidiaryGuarantor, such ERISA Affiliate, the PBGC, a Plan participant or the Plan administrator, with respect thereto: that a Reportable Event has occurred with respect to a Plan, that a failure to satisfy the “minimum an accumulated funding standard” deficiency has occurred been incurred or an application may be or has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard (including any required installment payments) or an extension of any amortization period under Section 412 of the Code with respect to a Plan, that a Plan has been or may be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, that one or more Plans have a funding failure an Unfunded Current Liability giving rise to a Lien under ERISA, that the Loan Party has been notified that proceedings may be or have been instituted to terminate a Multi-Employer Plan, that a proceeding has been instituted pursuant to Section 515 of ERISA against the Loan Party to collect a delinquent contribution to a Plan, or that any Loan PartyCompany, any Subsidiary Guarantor or any ERISA Affiliate will or may incur any liability (including any contingent or secondary liability) to or on account of the termination of or withdrawal from a Plan under Section 4062, 4063, 4064, or to a Multi-Employer Plan under Section 4201 or 4204 of ERISA. Upon reasonable request by the Administrative Agent, each Loan Party Each Company will deliver to the Administrative Agent a complete copy of the annual report (Form 5500) of each Plan required to be filed with the Internal Revenue Service. In addition to any certificates or notices delivered to the Administrative Agent pursuant to the first sentence hereof, copies of annual reports and any other notices received by each Loan Party Company or such Subsidiary Guarantor required to be delivered to the Administrative Agent hereunder shall be delivered to the Administrative Agent no later than ten days after the later of the date such report or notice has been filed with the Internal Revenue Service or the PBGC, given to Plan participants or received by any Loan Party Company or any Subsidiary;Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Edo Corp)

Notice of ERISA Event. Promptly deliver to the Lender a certificate of the chief financial officer of each Loan Party Chief Financial Officer setting forth details as to such occurrence and such action, if any, which a Loan Partyany Company, a Subsidiary Guarantor or an ERISA Affiliate is required or proposes to take, together with any notices received from any Governmental Authority or required or proposed to be given to or filed with or by such Loan PartyCompany, such SubsidiaryGuarantor, such ERISA Affiliate, the PBGC, a Plan participant or the Plan administrator, with respect thereto: that a Reportable Event has occurred with respect to a Plan, that a failure to satisfy the “minimum an accumulated funding standard” deficiency has occurred been incurred or an application may be or has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard (including any required installment payments) or an extension of any amortization period under Section 412 of the Code with respect to a Plan, that a Plan has been or may be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, that one or more Plans have a funding failure an Unfunded Current Liability giving rise to a Lien under ERISA, that the Loan Party has been notified that proceedings may be or have been instituted to terminate a Multi-Employer Plan, that a proceeding has been instituted pursuant to Section 515 of ERISA against the Loan Party to collect a delinquent contribution to a Plan, or that any Loan PartyCompany, any Subsidiary Guarantor or any ERISA Affiliate will or may incur 30 any liability (including any contingent or secondary liability) to or on account of the termination of or withdrawal from a Plan under Section 4062, 4063, 4064, or to a Multi-Employer Plan under Section 4201 or 4204 of ERISA. Upon reasonable request by the Administrative Agent, each Loan Party The Companies will deliver to the Administrative Agent Lender a complete copy of the annual report (Form 5500) of each Plan plan required to be filed with the Internal Revenue Service. In addition to any certificates or notices delivered to the Administrative Agent Lender pursuant to the first sentence hereof, copies of annual reports and any other notices received by each Loan Party or such Subsidiary any Company required to be delivered to the Administrative Agent Lender hereunder shall be delivered to the Administrative Agent Lender no later than ten days after the later of the date such report or notice has been filed with the Internal Revenue Service or the PBGC, given to Plan participants or received by any Loan Party Company or any Subsidiary;Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Eon Labs Inc)

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