Common use of PBGC Clause in Contracts

PBGC. the Pension Benefit Guaranty Corporation. Pension Plan: any employee pension benefit plan (as such term is defined in Section 3(2) of ERISA), other than a Multiemployer Plan, that is subject to Title IV of ERISA and is sponsored or maintained by any Obligor or ERISA Affiliate or to which the Obligor or ERISA Affiliate contributes or has an obligation to contribute, or in the case of a multiple employer or other plan described in Section 4064(a) of ERISA, has made contributions at any time during the preceding five plan years.

Appears in 7 contracts

Samples: Loan and Security Agreement (Leapfrog Enterprises Inc), Loan and Security Agreement (Lapolla Industries Inc), Loan and Security Agreement (Lapolla Industries Inc)

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PBGC. the Pension Benefit Guaranty Corporation. Pension Plan: any employee pension benefit plan (as such term is defined in Section 3(2) of ERISA), other than a Multiemployer Plan, that is subject to Title IV of ERISA and is sponsored or maintained by any Obligor Borrower or ERISA Affiliate or to which the Obligor Borrower or ERISA Affiliate contributes or has an obligation to contribute, or in the case of a multiple employer or other plan described in Section 4064(a) of ERISA, has made contributions at any time during the preceding five plan years.

Appears in 2 contracts

Samples: Loan and Security Agreement (Cooper Tire & Rubber Co), Loan and Security Agreement (Cooper Tire & Rubber Co)

PBGC. the The Pension Benefit Guaranty CorporationCorporation or any entity succeeding to any or all of its functions under ERISA. Pension Plan: any PENSION PLAN. Any Plan which is an "employee pension benefit plan plan" (as such term is defined in Section 3(2) of ERISA), other than a Multiemployer Plan, that is subject to Title IV of ERISA and is sponsored or maintained by any Obligor or ERISA Affiliate or to which the Obligor or ERISA Affiliate contributes or has an obligation to contribute, or in the case of a multiple employer or other plan described in . PERMITTED ACQUISITIONS. See Section 4064(a) of ERISA, has made contributions at any time during the preceding five plan years7.8.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Microfinancial Inc), Revolving Credit Agreement (Microfinancial Inc)

PBGC. the Pension Benefit Guaranty CorporationCorporation or any Governmental Body ---- succeeding to the functions thereof. Pension Plan: any employee pension benefit plan (as such term is defined in Section 3(2) of ERISA)Employee Benefit Plan, other than a Multiemployer Plan, that ------------ which is subject to the provisions of Part 3 of Title I of ERISA, Title IV of ERISA and is sponsored or maintained by any Obligor or ERISA Affiliate or to which the Obligor or ERISA Affiliate contributes or has an obligation to contributeERISA, or in Section 412 of the case Code and which (i) is maintained for employees of a multiple employer any Borrower or other plan described in Section 4064(aany of its ERISA Affiliates, or (ii) of ERISA, has made contributions at any time during within the preceding five plan yearssix years been maintained for the employees of any Borrower or any of its current or former ERISA Affiliates.

Appears in 1 contract

Samples: Loan Agreement (Infocure Corp)

PBGC. the The Pension Benefit Guaranty CorporationCorporation created by Section 4002 of ERISA and any successor entity or entities having similar responsibilities. Pension Plan: any . Any employee pension benefit plan (as such term is defined in within the meaning of Section 3(2) of ERISA maintained or contributed to by REIT or any ERISA Affiliate the benefits of which are guaranteed on termination in full or in part by the PBGC pursuant to Title IV of ERISA), other than a Multiemployer Plan, that is subject to Title IV of ERISA and is sponsored or maintained by any Obligor or ERISA Affiliate or to which the Obligor or ERISA Affiliate contributes or has an obligation to contribute, or in the case of a multiple employer or other plan described in Section 4064(a) of ERISA, has made contributions at any time during the preceding five plan years.

Appears in 1 contract

Samples: Credit Agreement (Jernigan Capital, Inc.)

PBGC. the The Pension Benefit Guaranty CorporationCorporation or any entity succeeding to any or all of its functions under ERISA. Pension Plan: any PENSION PLAN. Any Plan which is an "employee pension benefit plan plan" (as such term is defined in Section 3(2) of ERISA), other than a Multiemployer Plan, that is subject to Title IV of ERISA and is sponsored or maintained by any Obligor or ERISA Affiliate or to which the Obligor or ERISA Affiliate contributes or has an obligation to contribute, or in the case of a multiple employer or other plan described in . PERMITTED ACQUISITIONS. See Section 4064(a) of ERISA, has made contributions at any time during the preceding five plan years7.7(f).

Appears in 1 contract

Samples: Credit Agreement (Signal Technology Corp)

PBGC. the Pension Benefit Guaranty CorporationCorporation or any Governmental Body succeeding to the functions thereof. Pension Plan: any employee pension benefit plan (as such term is defined in Section 3(2) of ERISA)Employee Benefit Plan, other than a Multiemployer Plan, that which is subject to the provisions of Part 3 of Title I of ERISA, Title IV of ERISA and is sponsored or maintained by any Obligor or ERISA Affiliate or to which the Obligor or ERISA Affiliate contributes or has an obligation to contributeERISA, or in Section 412 of the case Code and which (i) is maintained for employees of a multiple employer Borrower or other plan described in Section 4064(aany ERISA Affiliate, or (ii) of ERISA, has made contributions at any time during within the preceding five plan yearssix years been maintained for the employees of Borrower or any of its current or former ERISA Affiliates.

Appears in 1 contract

Samples: Loan Agreement (Aquis Communications Group Inc)

PBGC. the The Pension Benefit Guaranty CorporationCorporation or any entity succeeding to any or all of its functions under ERISA. Pension Plan: any PENSION PLAN. Any Plan which is an "employee pension benefit plan plan" (as such term is defined in Section 3(2) of ERISA), other than a Multiemployer Plan, Plan that is subject to Title IV Section 412 of ERISA and is sponsored the Code or maintained by any Obligor or ERISA Affiliate or to which the Obligor or ERISA Affiliate contributes or has an obligation to contribute, or in the case of a multiple employer or other plan described in Section 4064(a) 302 of ERISA, has made contributions at any time during the preceding five plan years. PERMITTED ENCUMBRANCES. See Section 7.3.

Appears in 1 contract

Samples: Revolving Credit Agreement (Microfinancial Inc)

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PBGC. the The Pension Benefit Guaranty CorporationCorporation or any entity succeeding to any or all of its functions under ERISA. Pension Plan: any PENSION PLAN. Any Plan which is an "employee pension benefit plan plan" (as such term is defined in Section 3(2) of ERISA), other than a Multiemployer Plan, that is subject to Title IV of ERISA and is sponsored or maintained by any Obligor or ERISA Affiliate or to which the Obligor or ERISA Affiliate contributes or has an obligation to contribute, or in the case of a multiple employer or other plan described in Section 4064(a) of ERISA, has made contributions at any time during the preceding five plan years.

Appears in 1 contract

Samples: Credit Agreement (Learning Co Inc)

PBGC. the Pension Benefit Guaranty Corporation. Pension Plan: any employee pension benefit plan (as such term is defined in Section 3(2) of ERISA), other than a Multiemployer Plan, that is subject to Title IV of ERISA and is sponsored or maintained by any Obligor Obligated Party or ERISA Affiliate or to which the Obligor Obligated Party or ERISA Affiliate contributes or has an obligation to contribute, or in the case of a multiple employer or other plan described in Section 4064(a) of ERISA, has made contributions at any time during the preceding five plan years.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Sport Chalet Inc)

PBGC. the The Pension Benefit Guaranty CorporationCorporation or any entity succeeding to any or all of its functions under ERISA. Pension Plan: any . Any Plan which is an "employee pension benefit plan plan" (as such term is defined in Section 3(2) of ERISA), other than a Multiemployer Plan, that is subject to Title IV of ERISA and is sponsored or maintained by any Obligor or ERISA Affiliate or to which the Obligor or ERISA Affiliate contributes or has an obligation to contribute, or in the case of a multiple employer or other plan described in . Permitted Acquisitions. See Section 4064(a) of ERISA, has made contributions at any time during the preceding five plan years7.8.

Appears in 1 contract

Samples: Revolving Credit Agreement (Microfinancial Inc)

PBGC. the The Pension Benefit Guaranty CorporationCorporation or any entity succeeding to any or all of its functions under ERISA. Pension Plan: any . Any Plan which is an "employee pension benefit plan plan" (as such term is defined in Section 3(2) of ERISA), other than a Multiemployer Plan, that is subject to Title IV of ERISA and is sponsored or maintained by any Obligor or ERISA Affiliate or to which the Obligor or ERISA Affiliate contributes or has an obligation to contribute, or in the case of a multiple employer or other plan described in Section 4064(a) of ERISA, has made contributions at any time during the preceding five plan years.

Appears in 1 contract

Samples: Credit Agreement (Lithia Motors Inc)

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