Pension Obligations. Lender shall have reviewed and found satisfactory any matters with respect to unfunded or underfunded balances in Borrower's Plans, including without limitation matters relative to the priority of any potential Lien in favor of such Plan which may be imposed by law, and, to the extent that Lender shall have concluded that any such potential Lien may take precedence or priority over the Lien in favor of Lender with respect to the Collateral, Lender shall be permitted to require that an Availability Reserve be established prior to the Closing Date, in the amount satisfactory to Lender with respect to such unfunded and underfunded pension liabilities.
Appears in 2 contracts
Sources: Loan Agreement (Muehlstein Holding Corp), Loan Agreement (Muehlstein Holding Corp)