Common use of Plan Terminations, Minimum Funding, etc Clause in Contracts

Plan Terminations, Minimum Funding, etc. Neither the Parent nor the Company will, nor will the Parent or the Company permit any ERISA Affiliate to, (i) terminate any Plan or Plans so as to result in liability of the Parent, the Company or any ERISA Affiliate to the PBGC in excess of, in the aggregate, the amount that is equal to 5% of the Parent’s Consolidated Tangible Net Worth as of the date of the then most recent financial statements furnished to the Lenders pursuant to the provisions of this Agreement, (ii) permit to exist one or more events or conditions that present a material risk of the termination by the PBGC of any Plan or Plans with respect to which the Parent, the Company or any ERISA Affiliate would, in the event of such termination, incur liability to the PBGC in excess of such amount in the aggregate, or (iii) fail to comply with the minimum funding standards of ERISA and the Code with respect to any Plan.

Plan Terminations, Minimum Funding, etc. Neither the Parent nor the Company willThe Borrower will not, nor and will the Parent or the Company not permit any Subsidiary of the Borrower or ERISA Affiliate to, (i) terminate any Plan or Plans so as to result in liability of the Parent, the Company Borrower or any ERISA Affiliate to the PBGC in excess of, in the aggregate, the amount that is equal to 5% of the ParentBorrower’s Consolidated Tangible Net Worth as of the date of the then most recent financial statements furnished to the Lenders pursuant to the provisions of this Agreement, (ii) permit to exist one or more events or conditions that present a material risk of the termination by the PBGC of any Plan or Plans with respect to which the Parent, the Company Borrower or any Subsidiary of the Borrower or ERISA Affiliate would, in the event of such termination, incur liability to the PBGC in excess of such amount in the aggregate, or (iii) fail to materially comply with the minimum funding standards of ERISA and the Code with respect to any Plan, or (iv) fail to satisfy all material contribution obligations in respect of any Multiemployer Plan or Multiple Employer Plan.

Plan Terminations, Minimum Funding, etc. Neither the Parent nor the Company willThe Borrower will not, nor and will the Parent or the Company not permit any ERISA Affiliate to, (i) terminate any Plan or Plans plans so as to result in liability of the Parent, the Company Borrower or any ERISA Affiliate to the PBGC in excess of, in the aggregate, the amount that which is equal to 5% of the Parent’s Borrower's Consolidated Tangible Net Worth as of the date of the then most recent financial statements furnished to the Lenders pursuant to the provisions of this Agreement, (ii) permit to exist one or more events or conditions that which reasonably present a material risk of the termination by the PBGC of any Plan or Plans with respect to which the Parent, the Company Borrower or any ERISA Affiliate would, in the event of such termination, incur liability to the PBGC in excess of such amount in the aggregate, or (iii) fail to comply with the minimum funding standards of ERISA and the Code with respect to any Plan.

Plan Terminations, Minimum Funding, etc. Neither the Parent nor the Company willThe Borrower will not, nor and will the Parent or the Company not permit any ERISA Affiliate to, (i) terminate any Plan or Plans plans so as to result in liability of the Parent, the Company Borrower or any ERISA Affiliate to the PBGC in excess of, in the aggregate, the amount that which is equal to 5% of the Parent’s Borrower's Consolidated Tangible Net Worth as of the date of the then most recent financial statements furnished to the Lenders Lender pursuant to the provisions of this Agreement, (ii) permit to exist one or more events or conditions that which reasonably present a material risk of the termination by the PBGC of any Plan or Plans with respect to which the Parent, the Company Borrower or any ERISA Affiliate would, in the event of such termination, incur liability to the PBGC in excess of such amount in the aggregate, or (iii) fail to comply with the minimum funding standards of ERISA and the Code with respect to any Plan.

Plan Terminations, Minimum Funding, etc. Neither the Parent nor the Company willThe Borrower will not, nor and will the Parent or the Company not permit any ERISA Affiliate to, (i) terminate any Plan or Plans plans so as to result in liability of the Parent, the Company Borrower or any ERISA Affiliate to the PBGC in excess of, in the aggregate, the amount that which is equal to 510% of the Parent’s Borrower's Consolidated Tangible Net Worth as of the date of the then most recent financial statements furnished to the Lenders pursuant to the provisions of this Agreement, (ii) permit to exist one or more events or conditions that which reasonably present a material risk of the termination by the PBGC of any Plan or Plans with respect to which the Parent, the Company Borrower or any ERISA Affiliate would, in the event of such termination, incur liability to the PBGC in excess of such amount in the aggregate, or (iii) fail to comply with the minimum funding standards of ERISA and the Internal Revenue Code with respect to any Plan.