Pension Plans. (a) Institution of any steps by any Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (c) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000.
Appears in 6 contracts
Samples: Credit Agreement (PNG Ventures Inc), Control Agreement (Earth Biofuels Inc), Credit Agreement (Earth Biofuels Inc)
Pension Plans. (ai) Institution of any steps by the Company or any other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Company could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,00010,000,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Company and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000.10,000,000; or
Appears in 5 contracts
Samples: Credit Agreement (Marcus Corp), Credit Agreement (Marcus Corp), Credit Agreement (Marcus Corp)
Pension Plans. (ai) Institution of any steps by the Company or any other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Company could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Company and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000.
Appears in 5 contracts
Samples: Credit Agreement (Earthcare Co), Credit Agreement (Synagro Technologies Inc), Credit Agreement (Synagro Technologies Inc)
Pension Plans. (ai) Institution of any steps by the Company or any other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Company could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,00025,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Company and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,00025,000.
Appears in 5 contracts
Samples: Credit Agreement (Energy West Inc), Credit Agreement (Energy West Inc), Credit Agreement (Energy West Inc)
Pension Plans. (ai) Institution of any steps by the Company or any other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Company could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in either case in excess of $250,000500,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Company and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000500,000.
Appears in 4 contracts
Samples: Credit Agreement (Nashua Corp), Credit Agreement (Nashua Corp), Credit Agreement (Nashua Corp)
Pension Plans. (a) Institution of any steps by any Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000100,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (c) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000100,000.
Appears in 4 contracts
Samples: Credit Agreement (5.11 Abr Corp.), Credit Agreement (Compass Diversified Trust), Credit Agreement (Fox Factory Holding Corp)
Pension Plans. (ai) Institution of any steps by the Company or any other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Company could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000500,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Company and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000500,000.
Appears in 4 contracts
Samples: Credit Agreement (U S Liquids Inc), Credit Agreement (U S Plastic Lumber Corp), Credit Agreement (Synagro Technologies Inc)
Pension Plans. (ai) Institution of any steps by Parent or any other ------------- Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Parent could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000U.S.$15,000,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of Parent and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000U.S.$15,000,000.
Appears in 4 contracts
Samples: Term Loan Agreement, Security Agreement (United Rentals North America Inc), Intercreditor Agreement (United Rentals North America Inc)
Pension Plans. (ai) Institution of any steps by the Company or any other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Company could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,0005,000,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Company and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,0005,000,000.
Appears in 4 contracts
Samples: Credit Agreement (Carmax Inc), Credit Agreement (Semco Energy Inc), Credit Agreement (Carmax Inc)
Pension Plans. (a) Institution of any steps by any Person to terminate a Pension Plan if as a result of such termination any Loan Party Borrower or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (c) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000.
Appears in 4 contracts
Samples: Credit Agreement (Compass Diversified Holdings), Assignment Agreement (Compass Group Diversified Holdings LLC), Assignment Agreement (American Coin Merchandising Inc)
Pension Plans. (a) Institution of any Any Person institutes steps by any Person to terminate a Pension Plan if as a result of such termination any Loan Party Borrower or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,0005,000,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f303(k) of ERISA; or (c) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that any Borrower or any other Loan Party or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $250,0005,000,000.
Appears in 3 contracts
Samples: Credit Agreement (Landauer Inc), Credit Agreement (Landauer Inc), Credit Agreement (Landauer Inc)
Pension Plans. (ai) Institution of any steps by the Company or any other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Company could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,0001,000,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Company and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,0001,000,000.
Appears in 3 contracts
Samples: Credit Agreement (Regal Beloit Corp), Credit Agreement (Synagro Technologies Inc), Credit Agreement (Synagro Technologies Inc)
Pension Plans. (a) Institution of any steps by the Company or any other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Company could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,0005,000,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (c) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Company and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,0005,000,000.
Appears in 3 contracts
Samples: Credit Agreement (Cabot Microelectronics Corp), Credit Agreement (Cabot Microelectronics Corp), Credit Agreement (Cabot Microelectronics Corp)
Pension Plans. (ai) Institution of any steps by any Loan Party or any other Person to terminate a Pension Plan if as a result of such termination any such Loan Party or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000500,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Parent and the Controlled Group have has incurred on the date of such withdrawal) exceeds $250,000.500,000. 12.1.7
Appears in 2 contracts
Samples: Credit Agreement (Middleby Corp), Credit Agreement (Middleby Corp)
Pension Plans. (ai) Institution of any steps by any Loan Party or any other Person to terminate a Pension Plan if as a result of such termination any such Loan Party or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,0001,000,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Parent and the Controlled Group have has incurred on the date of such withdrawal) exceeds $250,0001,000,000.
Appears in 2 contracts
Samples: Credit Agreement (Middleby Corp), Credit Agreement (Middleby Corp)
Pension Plans. (ai) Institution of any steps by the Company or any other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Company could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000100,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Company and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000100,000.
Appears in 2 contracts
Samples: Credit Agreement (Compudyne Corp), Credit Agreement (Asg Sub Inc)
Pension Plans. (a) Institution of any steps by any Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,0001,000,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (c) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $250,0001,000,000.
Appears in 2 contracts
Samples: Second Lien Credit Agreement (AmWINS GROUP INC), Credit Agreement (AmWINS GROUP INC)
Pension Plans. (a) Institution of any steps by any Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000750,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (c) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000750,000.
Appears in 2 contracts
Samples: Credit Agreement (Atlas Industries Holdings LLC), Credit Agreement (Atlas Industries Holdings LLC)
Pension Plans. (ai) Institution of any steps by the Company or any ------------- other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Company could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000375,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Company and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000375,000.
Appears in 2 contracts
Samples: Credit Agreement (United Rentals Inc), Credit Agreement (United Rentals Inc)
Pension Plans. (ai) Institution of any steps by the Company or any other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Company could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,00010,000,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Company and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,00010,000,000.
Appears in 2 contracts
Samples: Credit Agreement (United Auto Group Inc), Credit Agreement (United Auto Group Inc)
Pension Plans. (ai) Institution of any steps by the Company or any other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Company could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Company and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000.
Appears in 2 contracts
Samples: Credit Agreement (Navigant Consulting Inc), Credit Agreement (American Capital Strategies LTD)
Pension Plans. (a) Institution of any steps by the Company or any other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Company could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,00025,000,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section section 302(f) of ERISA; or (c) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Company and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,00025,000,000.
Appears in 2 contracts
Samples: Term Loan Agreement (Regal Beloit Corp), Credit Agreement (Regal Beloit Corp)
Pension Plans. (a) Institution of any steps by any Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,0001,000,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (c) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that any Borrower or any other Loan Party or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $250,0001,000,000.
Appears in 2 contracts
Samples: Credit Agreement (Performance Health Holdings Corp.), Credit Agreement (Performance Health Holdings Corp.)
Pension Plans. (a) Institution of any Any Person institutes steps by any Person to terminate a Pension Plan if as a result of such termination any Loan Party the Company or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,00015,000,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a material Lien under Section 302(f) of ERISA; or (c) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party the Company or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $250,00015,000,000.
Appears in 2 contracts
Samples: Credit Agreement (Westinghouse Air Brake Technologies Corp), Credit Agreement (Westinghouse Air Brake Technologies Corp)
Pension Plans. (a) Institution of any steps by any Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,0001,125,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (c) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that any Borrower or any other Loan Party or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $250,0001,125,000.
Appears in 2 contracts
Samples: Second Lien Credit Agreement (Performance Health Holdings Corp.), Second Lien Credit Agreement (Performance Health Holdings Corp.)
Pension Plans. (ai) Institution of any steps by the Borrower or any other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Borrower could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that the Borrower or any other Loan Party or any member of and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000.
Appears in 1 contract
Pension Plans. (a) Institution of any steps by any Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000500,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (c) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000500,000.
Appears in 1 contract
Pension Plans. (ai) Institution of any steps by either of the Borrowers or any other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member either of the Controlled Group Borrowers could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member either of the Borrowers and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000.
Appears in 1 contract
Samples: Credit Agreement (Bogen Communications International Inc)
Pension Plans. (a) Institution of any steps by any Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (c) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000.
Appears in 1 contract
Samples: Credit Agreement (Rosetta Stone Inc)
Pension Plans. (ai) Institution of any steps by the Company or any other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Company could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,0005,000,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (ciii) there shall -41- occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Company and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,0005,000,000.
Appears in 1 contract
Samples: Credit Agreement (Lithia Motors Inc)
Pension Plans. (ai) Institution of any steps by the Company or any ------------- other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Company could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,0001,000,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Company and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,0001,000,000.
Appears in 1 contract
Pension Plans. (ai) Institution of any steps by the Company or any ------------- other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Company could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Company and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000.
Appears in 1 contract
Pension Plans. (a) Institution of any steps by any Person to terminate a Pension Plan if as a result of such termination any Loan Note Party or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000220,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (c) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower the Companies or any other Loan Note Party or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000220,000.
Appears in 1 contract
Samples: Note Purchase Agreement (CNL Strategic Capital, LLC)
Pension Plans. (a) Institution of any steps by any Person to terminate a Pension Plan if as a result of such termination any Loan Note Party or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (c) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower the Companies or any other Loan Note Party or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000.
Appears in 1 contract
Samples: Note Purchase Agreement (CNL Strategic Capital, LLC)
Pension Plans. (ai) Institution of any steps by the Borrower or any other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Borrower could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000250,000.00; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that the Borrower or any other Loan Party or any member of and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000250,000.00.
Appears in 1 contract
Samples: Credit Agreement (Input Output Inc)
Pension Plans. (ai) Institution of any steps by the Company or any other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Company could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,00050,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Company and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,00050,000.
Appears in 1 contract
Pension Plans. (a) Institution of any steps by any Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000100,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (c) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000550,000.
Appears in 1 contract
Samples: Subordinated Note Purchase Agreement (Clayton Holdings Inc)
Pension Plans. (ai) Institution of any steps by Parent or any other ------------- Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Parent could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000U.S.$5,000,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of Parent and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000U.S.$5,000,000.
Appears in 1 contract
Pension Plans. (a) Institution of any Any Person institutes steps by any Person to terminate a Pension Plan if as a result of such termination any Loan Party the Company or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,0005,000,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (c) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party the Company or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $250,0005,000,000.
Appears in 1 contract
Samples: Credit Agreement (Semco Energy Inc)
Pension Plans. (ai) Institution of any steps by the Company or any ------------- other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Company could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,00025,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Company and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,00025,000.
Appears in 1 contract
Pension Plans. (ai) Institution of any steps by the Company or any other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Company could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of [$250,00010,000,000]; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Company and the Controlled Group have incurred on the date of such withdrawal) exceeds [$250,000.10,000,000];] or
Appears in 1 contract
Samples: Credit Agreement (Marcus Corp)
Pension Plans. (ai) Institution of any steps by Parent or any other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Parent could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000U.S.$15,000,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal 45 liability that Borrower or any other Loan Party or any member of Parent and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000U.S.$15,000,000.
Appears in 1 contract
Pension Plans. (a) Institution of any steps by any Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (c) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000.
Appears in 1 contract
Pension Plans. (ai) Institution of any steps by the Company or any other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Company could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,0001,000,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Company and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,0001,000,000.
Appears in 1 contract
Pension Plans. (a) Institution of any steps by any Person to terminate a Pension Plan if as a result of such termination any Loan Note Party or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (c) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued un-accrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower the Companies or any other Loan Note Party or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000.
Appears in 1 contract
Samples: Note Purchase Agreement (CNL Strategic Capital, LLC)
Pension Plans. (ai) Institution of any steps by any Loan Party or any other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000500,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000500,000.
Appears in 1 contract
Pension Plans. (a) Institution of any steps by the Company or any other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Company could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,00010,000,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (c) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Company and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,00010,000,000.
Appears in 1 contract
Pension Plans. (ai) Institution of any steps by the Company or any other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Company could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000100,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Parent, the Company and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000100,000.
Appears in 1 contract
Samples: Credit Agreement (First Reserve Inc)
Pension Plans. (ai) Institution of any steps by the Company or any other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Company could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a 57 result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Company and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000.
Appears in 1 contract
Pension Plans. (a) Institution of any steps by any Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000100,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (c) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower Borrowers or any other Loan Party or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000100,000.
Appears in 1 contract
Pension Plans. (a) Institution of any Any Person institutes steps by any Person to terminate a Pension Plan if as a result of such termination any Loan Party the Company or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,0005,000,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (c) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party the Company or any member of the Controlled Group have has incurred on the date of such withdrawal) exceeds $250,0005,000,000.
Appears in 1 contract
Pension Plans. (ai) Institution of any steps by Parent or any ------------- other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Parent could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000U.S.$5,000,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of Parent and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000U.S.$5,000,000.
Appears in 1 contract
Pension Plans. (a) Institution of any steps by any Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled ERISA Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (c) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Controlled ERISA Group have incurred on the date of such withdrawal) exceeds $250,000.
Appears in 1 contract
Samples: Credit Agreement (PNG Ventures Inc)
Pension Plans. (a) Institution of any Any Person institutes steps by any Person to terminate a Pension Plan if as a result of such termination any Loan Party the Company or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,00050,000,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a material Lien under Section 302(f) of ERISA; or (c) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party the Company or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000.50,000,000;
Appears in 1 contract
Samples: Refinancing Credit Agreement (Westinghouse Air Brake Technologies Corp)
Pension Plans. (ai) Institution of any steps by the Company or ------------- any other Person to terminate a Pension Plan if as a result of such termination any Loan Party or any member of the Controlled Group Company could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $250,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; or (ciii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any other Loan Party or any member of the Company and the Controlled Group have incurred on the date of such withdrawal) exceeds $250,000.
Appears in 1 contract
