Common use of PBGC Clause in Contracts

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection Certificates. The Perfection Certificates as defined in the Security Agreements.

Appears in 5 contracts

Samples: Revolving Credit and Term Loan Agreement (Marcam Corp), Revolving Credit Agreement (Digitas Inc), Loan Agreement (Holmes Group Inc)

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PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 §4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection Certificates. The Perfection Certificates as defined in the Security Agreements. Permitted Acquisition. Any acquisition permitted under §10.5.1.

Appears in 4 contracts

Samples: Revolving Credit and Term Loan Agreement (Emmis Communications Corp), Revolving Credit and Term Loan Agreement (Emmis Communications Corp), Revolving Credit and Term Loan Agreement (Emmis Communications Corp)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 §4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection Certificates. The Perfection Certificates as defined in the Security AgreementsAgreement.

Appears in 3 contracts

Samples: Revolving Credit Agreement (SeaCube Container Leasing Ltd.), Revolving Credit Agreement (Seacastle Inc.), Revolving Credit Agreement (SeaCube Container Leasing Ltd.)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection Certificates. The Perfection Certificates as defined in the Security AgreementsAgreement.

Appears in 3 contracts

Samples: Credit and Term Loan Agreement (Nationsrent Inc), Revolving Credit Agreement (Nationsrent Inc), Revolving Credit and Term Loan Agreement (Morgan Group Inc)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 Section 4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection Certificates. The Collectively, the Perfection Certificate and Collateral Certificates dated as defined of the date hereof, executed by each of the Borrower and each Guarantor and in form and substance satisfactory to the Security AgreementsAgent and the Banks.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Flextronics International LTD), Revolving Credit Agreement (Flextronics International LTD)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 §4002 of ERISA and any successor entity or entities having similar responsibilities. PCAOB. The Public Company Accounting Oversight Board. Perfection CertificatesCertificate. The Perfection Certificates Certificate as defined in the Security AgreementsAgreement.

Appears in 2 contracts

Samples: Term Loan Agreement (CAI International, Inc.), Term Loan Agreement (CAI International, Inc.)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 (S)4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection Certificates. The Perfection Certificates as defined in the Security AgreementsAgreement. Permitted Liens. Liens, security interests and other encumbrances permitted by (S)9.2 hereof. Person. Any individual, corporation, partnership, limited partnership, limited liability company, limited liability partnership, trust, unincorporated association, business, or other legal entity, and any government or any governmental agency or political subdivision thereof.

Appears in 2 contracts

Samples: Credit Agreement (Trico Marine Services Inc), Revolving Credit Agreement (Trico Marine Services Inc)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 §4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection CertificatesCertificate. The Perfection Certificates perfection certificate as defined in the Security AgreementsAgreement. Permitted Liens. Liens permitted by Section 9.2.

Appears in 2 contracts

Samples: Credit Agreement (Seacastle Inc.), Credit Agreement (SeaCube Container Leasing Ltd.)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 Section 4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection Certificates. The Perfection Certificates as defined in the Security AgreementsAgreement. Permitted Liens. Liens, security interests and other encumbrances permitted by Section 9.2 hereof.

Appears in 1 contract

Samples: Revolving Credit Agreement (Terex Corp)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection CertificatesPERFECTION CERTIFICATES. The Perfection Certificates as defined in the Security Agreements.

Appears in 1 contract

Samples: Credit Agreement (HPSC Inc)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 Section 4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection Certificates. The Perfection Certificates as defined in the Security Agreements. Permitted Acquisitions. See Section 11.5.1(b). Permitted Liens. Liens, security interests and other encumbrances permitted by Section 11.2.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Russell-Stanley Holdings Inc)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection Certificates. The Perfection Certificates as defined in the Security Agreements. Permitted Acquisition. As defined in ss.10.5.1. Permitted Liens. Liens, security interests and other encumbrances permitted by ss.10.2.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Western Digital Corp)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection Certificates. The Perfection Certificates Certificate as defined in the Security Agreements. Permitted Acquisition. See ss.8.5.1 hereof. Permitted Liens. Liens, security interests and other encumbrances permitted by ss.8.2.

Appears in 1 contract

Samples: Revolving Credit Agreement (National Auto Finance Co Inc)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection CertificatesPERFECTION CERTIFICATE. The Perfection Certificates as defined in the Security AgreementsSee ss.7.14.1. PERMITTED LIENS. Liens permitted by ss.9.2.

Appears in 1 contract

Samples: Mayors Jewelers Inc/De

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 §4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection Certificates. The Perfection Certificates as defined in the Security Agreements.Agreement. Permitted Acquisition. The acquisition of any Person, business, division, or specified group of assets by any Borrower or any of its Subsidiaries, provided that each of the following conditions is met with respect to any such acquisition:

Appears in 1 contract

Samples: Credit Agreement (Vermont Pure Holdings LTD/De)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 §4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection CertificatesCertificate. The Perfection Certificates Certificate as defined in the Security AgreementsAgreement. Permitted Acquisition. See §10.5.1(b). Permitted Liens. Liens, security interests and other encumbrances permitted by §10.2.

Appears in 1 contract

Samples: Revolving Credit Agreement (Anacomp Inc)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 §4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection Certificates. The Perfection Certificates as defined in the Security AgreementsAgreement. Permitted Liens. Liens permitted by §10.2. Person. Any individual, corporation, limited liability company, partnership, limited liability partnership, trust, other unincorporated association, business, or other legal entity, and any Governmental Authority.

Appears in 1 contract

Samples: Revolving Credit Agreement (McCormick & Schmick Holdings, L.L.C.)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection CertificatesPERFECTION CERTIFICATES. The Perfection Certificates as defined in the Security AgreementsAgreement.

Appears in 1 contract

Samples: Credit Agreement (Connectivity Technologies Inc)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 Section 4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection Certificates. The Perfection Certificates as defined in the Security Agreements.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Western Digital Corp)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 Section 4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection Certificates. The Perfection Certificates as defined in the Security Agreements.Agreement. Permitted Acquisition. The acquisition of any Person, business, division, or specified group of assets by either Borrower or any of its Subsidiaries, provided that each of the following conditions is met with respect to any such acquisition:

Appears in 1 contract

Samples: Credit Agreement (Vermont Pure Holdings LTD/De)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection CertificatesCertificate. The Perfection Certificates as defined in the Security AgreementsSee ss.7.14.1.

Appears in 1 contract

Samples: Loan and Security Agreement (Mayors Jewelers Inc/De)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 §4002 of ERISA and any successor entity or entities having similar responsibilities. PCAOB. The Public Company Accounting Oversight Board. Perfection CertificatesCertificate. The Perfection Certificates Certificate as defined in the Security Agreements.Agreement. Permitted Acquisitions. Any acquisition by any Loan Party or Subsidiary thereof, whether by purchase, merger or otherwise, of all or substantially all of the assets of, the Capital Stock of, or a business line or unit or a division of, any Person; provided that:

Appears in 1 contract

Samples: Revolving Credit Agreement (CAI International, Inc.)

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PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 of ERISA ---- and any successor entity or entities having similar responsibilities. Perfection Certificates. The Perfection Certificates as defined in the ------------------------ Security Agreements.

Appears in 1 contract

Samples: Revolving Credit Agreement (Fairfield Communities Inc)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 Section 4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection Certificates. The Perfection Certificates as defined in the Security Agreements. Permitted Liens. Liens, security interests and other encumbrances permitted by Section 10.2.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Aviall Inc)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 §4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection Certificates. The Perfection Certificates as defined in the Security Agreements. Permitted Acquisition. See §8.5.1.

Appears in 1 contract

Samples: Credit Agreement (Safety Insurance Group Inc)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 Section 4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection Certificates. The Collectively, the Perfection Certificate and Collateral Certificates dated as defined of the date hereof, executed by each of the Borrowers and each Guarantors and in form and substance satisfactory to the Security AgreementsAgent and the Banks.

Appears in 1 contract

Samples: Revolving Credit Agreement (Flextronics International LTD)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection Certificates. The Perfection Certificates as defined in the Security Agreements. Permitted Acquisition. See ss.9.5.1(d).

Appears in 1 contract

Samples: Revolving Credit Agreement (Appnet Systems Inc)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 Section 4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection CertificatesCertificate. The Perfection Certificates Certificate as defined in the Security AgreementsAgreement. Performance Adjustment. See Section 8.21.

Appears in 1 contract

Samples: Consignment Agreement (Marks Bros Jewelers Inc)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 §4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection Certificates. The Perfection Certificates as referenced to and defined in each of the Security Agreements. Permitted Liens. Liens permitted by §8.3 hereof. Person. Any individual, corporation, limited liability company, partnership, limited partnership, trust, unincorporated association, business, or other legal entity, or any Governmental Authority.

Appears in 1 contract

Samples: Revolving Credit and Term Loan (Quaker Fabric Corp /De/)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 Section 4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection Certificates. The Perfection Certificates Certificates, as defined in the Security Agreements.. Permitted Acquisition. The acquisition of any Person, business, division, or specified group of assets by the Borrower or any of its Subsidiaries, provided that each of the following conditions is met with respect to any such acquisition:

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Mercury Air Group Inc)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 Section 4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection CertificatesCertificate. The Perfection Certificates Certificate as defined in the Security AgreementsAgreement. Permitted Liens. Liens, security interests and other encumbrances permitted by Section 8.2.

Appears in 1 contract

Samples: Revolving Credit Agreement (Silverleaf Resorts Inc)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 §4002 of ERISA and any successor entity or entities having similar responsibilities. PCAOB. The Public Company Accounting Oversight Board. Perfection CertificatesCertificate. The Perfection Certificates Certificate as defined in the Security Agreements.Agreement. Permitted Acquisitions. Any acquisition by CAI or a Guarantor, whether by purchase, merger or otherwise, of all or substantially all of the assets of, the Capital Stock of, or a business line or unit or a division of, any Person; provided that:

Appears in 1 contract

Samples: Revolving Credit Agreement (CAI International, Inc.)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection CertificatesPERFECTION CERTIFICATES. The Perfection Certificates as defined in the Security Agreements. PERMITTED LIENS. Liens permitted by ss.9.2.

Appears in 1 contract

Samples: Revolving Credit Agreement (Peregrine Systems Inc)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection CertificatesCertificate. The Perfection Certificates Certificate as defined in the Security AgreementsAgreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Anacomp Inc)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 Section 4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection Certificates. The Collectively, the Perfection Certificate and Collateral Certificates dated as defined of the date hereof, executed by each of the Borrower and each Guarantors and in form and substance satisfactory to the Security AgreementsAgent and the Banks. Permitted Acquisitions. See Section 10.5.1.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Flextronics International LTD)

PBGC. The Pension Benefit Guaranty Corporation created by ss.4002 (S)4002 of ERISA and any successor entity or entities having similar responsibilities. Perfection Certificates. The Perfection Certificates as defined in the in the Security Agreements.

Appears in 1 contract

Samples: Revolving Credit Agreement (Jordan Telecommunication Products Inc)

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