Common use of Terminability of Welfare Plans Clause in Contracts

Terminability of Welfare Plans. No Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1) or ss.3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower without liability to any Person other than for claims arising prior to termination.

Appears in 13 contracts

Samples: Revolving Credit Agreement (Digitas Inc), Revolving Credit Agreement (Brooks Automation Inc), Revolving Credit Agreement (Hvide Marine Inc)

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Terminability of Welfare Plans. No Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1Section 3(1) or ss.3(2)(BSection 3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower without liability to any Person other than for claims arising prior to termination.

Appears in 9 contracts

Samples: Revolving Credit and Term Loan Agreement (Stride & Associates Inc), Revolving Credit Agreement (Yankee Candle Co Inc), Revolving Credit (Helix Technology Corp)

Terminability of Welfare Plans. No Under each Employee Benefit Plan, Plan which is an employee welfare benefit plan within the meaning of ss.3(1Section 3(1) or ss.3(2)(BSection 3(2)(B) of ERISA, provides benefit coverage subsequent no benefits are payable to employees (or their dependents) after termination of employment, employment (except as required by Title I, Part 6 of ERISA or the applicable state insurance lawsERISA). The Borrower or an ERISA Affiliate, as appropriate, may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower or such ERISA Affiliate without liability to any Person other than for claims arising prior to terminationPerson.

Appears in 7 contracts

Samples: Credit Agreement (BTHC VII Inc), Term Loan Credit Agreement (Whitehall Jewellers Inc), Subordinated Credit Agreement (Whitehall Jewelers Holdings, Inc.)

Terminability of Welfare Plans. No Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1§3(1) or ss.3(2)(B§3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower without material liability to any Person other than for claims arising prior to termination.

Appears in 7 contracts

Samples: Credit Agreement (Mack Cali Realty L P), Term Loan Agreement (Mack Cali Realty L P), Credit Agreement (Mack Cali Realty L P)

Terminability of Welfare Plans. No Employee Benefit Plan, ------------------------------ which is an employee welfare benefit plan within the meaning of ss.3(1(S)3(1) or ss.3(2)(B(S)3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower without liability to any Person other than for claims arising prior to termination.

Appears in 7 contracts

Samples: Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit and Term Loan Agreement (Mapics Inc)

Terminability of Welfare Plans. No Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1§3(1) or ss.3(2)(B§3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower without liability to any Person other than for claims arising prior to termination.

Appears in 6 contracts

Samples: Credit Agreement (Safety Insurance Group Inc), Revolving Credit Agreement (Yankee Candle Co Inc), Revolving Credit Agreement (Safety Insurance Group Inc)

Terminability of Welfare Plans. No Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1§3(1) or ss.3(2)(B§3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower Borrowers may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower Borrowers without liability to any Person other than for claims arising prior to termination.

Appears in 5 contracts

Samples: Credit Agreement (Vermont Pure Holdings LTD/De), Credit Agreement (Sovran Acquisition LTD Partnership), Term Loan Agreement (Sovran Self Storage Inc)

Terminability of Welfare Plans. No Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1§3(1) or ss.3(2)(B§3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The A Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the such Borrower without liability to any Person other than for claims arising prior to termination.

Appears in 5 contracts

Samples: Revolving Credit and Term Loan Agreement (Casella Waste Systems Inc), Revolving Credit Agreement (Waste Industries Usa Inc), Revolving Credit Agreement (Waste Industries Usa Inc)

Terminability of Welfare Plans. No Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1Section 3(1) or ss.3(2)(BSection 3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower may terminate terminate, to the extent sponsored by it, each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower without liability to any Person other than for claims arising prior to termination.

Appears in 5 contracts

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

Terminability of Welfare Plans. No Employee Benefit Plan, Plan which is an employee welfare benefit plan within the meaning of ss.3(1§3(1) or ss.3(2)(B§3(2)(B) of ERISA, ERISA provides benefit coverage subsequent to termination of employment, except as required by Title I, Subtitle B, Part 6 of ERISA or the applicable state insurance lawslaw. The Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower without liability to any Person other than for claims arising or benefits accruing prior to termination.

Appears in 4 contracts

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

Terminability of Welfare Plans. No Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1§3(1) or ss.3(2)(B§3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower may terminate each such Plan employee welfare benefit plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower without liability to any Person other than for claims arising prior to termination.

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)

Terminability of Welfare Plans. No Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1) or ss.3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower Borrowers may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower Borrowers without liability to any Person other than for claims arising prior to termination.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Holmes Products Corp), Credit and Term Loan Agreement (Iesi Corp), Loan and Security Agreement (Mayors Jewelers Inc/De)

Terminability of Welfare Plans. No Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1Section 3(1) or ss.3(2)(BSection 3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower Borrowers may terminate each such Plan employee welfare benefit plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower Borrowers without liability to any Person other than for claims arising prior to termination.

Appears in 4 contracts

Samples: Assignment and Assumption Agreement (Life Storage Lp), Assignment and Assumption Agreement (Sovran Self Storage Inc), Credit Agreement (Sovran Self Storage Inc)

Terminability of Welfare Plans. No Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1Section 3(1) or ss.3(2)(BSection 3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower Borrowers may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower Borrowers without liability to any Person other than for claims arising prior to termination.

Appears in 4 contracts

Samples: Credit Agreement (Vermont Pure Holdings LTD/De), Revolving Credit Agreement (American Restaurant Group Inc), Revolving Credit Agreement (Transpro Inc)

Terminability of Welfare Plans. No Employee Benefit Plan, Plan which is an employee welfare benefit plan within the meaning of ss.3(1) or ss.3(2)(B) of ERISA, ERISA provides benefit coverage subsequent to termination of employment, employment except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower without liability to any Person other than for claims arising prior to termination.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Hadco Corp), Revolving Credit Agreement (Hadco Acquisition Corp Ii), Revolving Credit Agreement (Hadco Acquisition Corp Ii)

Terminability of Welfare Plans. No Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1(S)3(1) or ss.3(2)(B(S)3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower without liability to any Person other than for claims arising prior to termination.

Appears in 3 contracts

Samples: Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit Agreement (Lifeline Systems Inc), Revolving Credit Agreement (Varian Semiconductor Equipment Associates Inc)

Terminability of Welfare Plans. No Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1Section 3(1) or ss.3(2)(BSection 3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower without material liability to any Person other than for claims arising prior to termination.

Appears in 3 contracts

Samples: Credit Agreement (Mack Cali Realty Corp), Revolving Credit Agreement (Mack Cali Realty L P), Revolving Credit Agreement (Mack Cali Realty Corp)

Terminability of Welfare Plans. No Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1) or ss.3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower without material liability to any Person other than for claims arising prior to termination.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Mack Cali Realty Corp), Revolving Credit Agreement (Peregrine Systems Inc)

Terminability of Welfare Plans. No Each Employee Benefit Plan, Plan which is an employee welfare benefit plan within the meaning of ss.3(1(S)3(1) or ss.3(2)(B(S)3(2)(B) of ERISAERISA may be terminated by the Borrower or an ERISA Affiliate, provides benefit coverage subsequent to termination of employmentas appropriate, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower or such ERISA Affiliate, without material liability to any Person other than for claims arising prior to terminationPerson.

Appears in 2 contracts

Samples: Credit and Term Loan Agreement (Petro Stopping Centers L P), Credit and Term Loan Agreement (Petro Stopping Centers Holdings Lp)

Terminability of Welfare Plans. No Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1§3(1) or ss.3(2)(B§3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower Issuer may terminate each such Plan employee welfare benefit plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower Issuer without liability to any Person other than for claims arising prior to termination.

Appears in 2 contracts

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

Terminability of Welfare Plans. No Employee Benefit Plan, Plan which is an employee welfare benefit plan within the meaning of ss.3(1) or ss.3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, employment except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower without liability to any Person other than for claims arising prior to termination.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Stage Stores Inc), Revolving Credit Agreement (Stage Stores Inc)

Terminability of Welfare Plans. No Employee Benefit Plan, -------------------------------- which is an employee welfare benefit plan within the meaning of ss.3(1) or ss.3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The applicable Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the such Borrower without liability to any Person other than for claims arising prior to termination.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Fairfield Communities Inc), Term Loan Agreement (Fairfield Communities Inc)

Terminability of Welfare Plans. No Except as set forth on Schedule 10.16, no Employee Benefit Plan, Plan which is an employee welfare benefit plan within the meaning of ss.3(1) or ss.3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, employment except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Except as set forth on Schedule 10.16, the Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower without liability to any Person other than for claims arising prior to termination.

Appears in 2 contracts

Samples: Loan and Gold Consignment Agreement (Commemorative Brands Inc), Gold Consignment Agreement (Commemorative Brands Inc)

Terminability of Welfare Plans. No Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1ss.3(l) or ss.3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower Borrowers may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower Borrowers without liability to any Person other than for claims arising prior to termination.

Appears in 2 contracts

Samples: And Term Loan Agreement (Holmes Products Corp), Loan Agreement (Holmes Group Inc)

Terminability of Welfare Plans. No Under each Employee Benefit Plan, Plan which is an employee welfare benefit plan within the meaning of ss.3(1§3(1) or ss.3(2)(B§3(2)(B) of ERISA, provides no benefits are due unless the event giving rise to the benefit coverage subsequent entitlement occurs prior to plan termination of employment, (except as required by Title I1, Part 6 of ERISA). WMI or an ERISA or the applicable state insurance laws. The Borrower Affiliate, as appropriate, may terminate each such Plan employee welfare benefit plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower WMI or such ERISA Affiliate without material liability to any Person other than for claims arising prior to terminationPerson.

Appears in 2 contracts

Samples: Assignment Agreement (Waste Management Inc), Credit Agreement (Waste Management Inc)

Terminability of Welfare Plans. No Under each Employee Benefit Plan, Plan which is an employee welfare benefit plan within the meaning of ss.3(13(1) or ss.3(2)(B3(2)(B) of ERISA, provides no benefits are due unless the event giving rise to the benefit coverage subsequent entitlement occurs prior to plan termination of employment, (except as required by Title I, Part 6 of ERISA or the applicable state insurance lawsERISA). The Borrower or an ERISA Affiliate, as appropriate, may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower or such ERISA Affiliate without liability to any Person other than for claims arising prior to terminationPerson. 6.14.3.

Appears in 1 contract

Samples: Revolving Credit Agreement (HMT Technology Corp)

Terminability of Welfare Plans. No Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1) or ss.3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The A Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the such Borrower without liability to any Person other than for claims arising prior to termination.

Appears in 1 contract

Samples: Revolving Credit Agreement (Waste Industries Inc)

Terminability of Welfare Plans. No Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1) or ss.3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower Obligors may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower Obligors without liability to any Person other than for claims arising prior to termination.

Appears in 1 contract

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

Terminability of Welfare Plans. No Under each Employee Benefit Plan, Plan which is an employee welfare benefit plan within the meaning of ss.3(1Section 3(1) or ss.3(2)(BSection 3(2)(B) of ERISA, provides no benefits are due unless the event giving rise to the benefit coverage subsequent entitlement occurs prior to termination of employment, plan termina- tion (except as required by Title I, Part 6 of ERISA or the applicable state insurance lawsERISA). The Borrower or an ERISA Affiliate, as appropriate, may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower or such ERISA Affiliate without liability to any Person other than for claims arising prior to terminationPerson.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Trailer Bridge Inc)

Terminability of Welfare Plans. No Under each Employee Benefit Plan, Plan which is an employee welfare benefit plan within the meaning of ss.3(13(1) or ss.3(2)(B3(2)(B) of ERISA, provides no benefits are due unless the event giving rise to the benefit coverage subsequent entitlement occurs prior to plan termination of employment, (except as required by Title I, Part 6 of ERISA or the applicable state insurance lawsERISA). The Borrower or an ERISA Affiliate, as appropriate, may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower or such ERISA Affiliate without liability to any Person other than for claims arising prior to terminationPerson. 7.16.3.

Appears in 1 contract

Samples: Revolving Credit Agreement (Filenes Basement Corp)

Terminability of Welfare Plans. No Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1ss 3(1) or ss.3(2)(Bss 3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower without liability to any Person other than for claims arising prior to termination.

Appears in 1 contract

Samples: Revolving Credit Agreement (Answerthink Inc)

Terminability of Welfare Plans. No Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1) or ss.3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower Borrowers may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower Borrowers without material liability to any Person other than for claims arising prior to termination.

Appears in 1 contract

Samples: Revolving Credit Agreement (Cali Realty Corp /New/)

Terminability of Welfare Plans. No Under each Employee Benefit Plan, Plan which is an employee welfare benefit plan within the meaning of ss.3(13(1) or ss.3(2)(B3(2)(B) of ERISA, provides no benefits are due unless the event giving rise to the benefit coverage subsequent entitlement occurs prior to plan termination of employment, (except as required by Title I, Part part 6 of ERISA.) Each Borrower or ERISA or the applicable state insurance laws. The Borrower Affiliate, as appropriate, may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the such Borrower or ERISA Affiliate without liability to any Person other than for claims arising prior to terminationPerson.

Appears in 1 contract

Samples: Revolving Credit Agreement (Casella Waste Systems Inc)

Terminability of Welfare Plans. No Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1§3(1) or ss.3(2)(B§3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, I Part 6 of ERISA or the applicable state insurance laws. The Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower without liability to any Person other than for claims arising prior to termination.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Fargo Electronics Inc)

Terminability of Welfare Plans. No Employee Benefit Plan, which Plan that is an employee welfare benefit plan within the meaning of ss.3(1§3(1) or ss.3(2)(B§3(2)(B) of ERISA, ERISA provides benefit coverage subsequent to termination of employment, except as set forth on Schedule 6.15 or as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower Borrowers may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower Borrowers without liability to any Person other than for claims arising prior to termination.

Appears in 1 contract

Samples: Multicurrency Revolving Credit Agreement (Rogers Corp)

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Terminability of Welfare Plans. No Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1) or ss.3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower Parent may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower Parent without liability to any Person other than for claims arising prior to termination.

Appears in 1 contract

Samples: Revolving Credit Agreement (Watts Industries Inc)

Terminability of Welfare Plans. No Employee Benefit Plan, Plan which is an employee welfare benefit plan within the meaning of ss.3(1Section 3(1) or ss.3(2)(BSection 3(2)(B) of ERISA, ERISA provides benefit coverage subsequent to termination of employment, employment except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower or such ERISA Affiliate without liability to any Person other than for claims arising prior to termination.

Appears in 1 contract

Samples: Credit Agreement (New England Business Service Inc)

Terminability of Welfare Plans. No Employee Benefit ------------------------------ Plan, which is an employee welfare benefit plan within the meaning of ss.3(1(S)3(1) or ss.3(2)(B(S)3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower without liability to any Person other than for claims arising prior to termination.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Mapics Inc)

Terminability of Welfare Plans. No Employee Benefit Plan, ------------------------------ which is an employee welfare benefit plan within the meaning of ss.3(1Section 3(1) or ss.3(2)(BSection 3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Each Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the each Borrower without liability to any Person other than for claims arising prior to termination.

Appears in 1 contract

Samples: Revolving Credit Agreement (Us Xpress Enterprises Inc)

Terminability of Welfare Plans. No Employee Benefit Plan, which Plan that is an employee welfare benefit plan within the meaning of ss.3(1§3(1) or ss.3(2)(B§3(2)(B) of ERISA, ERISA provides benefit coverage subsequent to termination of employment, except as set forth on Schedule 6.15 or as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower without liability to any Person other than for claims arising prior to termination.

Appears in 1 contract

Samples: Multicurrency Revolving Credit Agreement (Rogers Corp)

Terminability of Welfare Plans. No Employee Benefit Plan, ------------- -- ------- ----- which is an employee welfare benefit plan within the meaning of ss.3(1(S)3(1) or ss.3(2)(B(S)3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, (except as required by Title I, Part 6 of ERISA or the applicable state insurance laws). The Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower without liability to any Person other than for claims arising prior to termination.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ameriking Inc)

Terminability of Welfare Plans. No Employee Benefit Plan, Plan which is an employee welfare benefit plan within the meaning of ss.3(13(1) or ss.3(2)(B3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, employment except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Any Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the such Borrower without liability to any Person other than for claims arising prior to termination.

Appears in 1 contract

Samples: Revolving Credit Agreement (Eastern Environmental Services Inc)

Terminability of Welfare Plans. No [Other than severance paid plans], no Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1Section 3(1) or ss.3(2)(BSection 3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower without liability to any Person other than for claims arising prior to termination.

Appears in 1 contract

Samples: Revolving Credit Agreement (Anacomp Inc)

Terminability of Welfare Plans. No Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1Section 3(1) or ss.3(2)(BSection 3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower Each of the Borrowers may terminate each such Plan in accordance with the terms of such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower Hexcel without liability to any Person other than for claims arising prior to termination.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Hexcel Corp /De/)

Terminability of Welfare Plans. No Except as set forth on Schedule 4.14(b), no Employee Benefit Plan, Plan maintained or contributed to by the Borrowers or any of their Subsidiaries which is an employee welfare benefit plan within the meaning of ss.3(1Section 3(1) or ss.3(2)(BSection 3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower without liability to any Person other than for claims arising prior to termination.

Appears in 1 contract

Samples: Subordinated Loan Agreement (Memry Corp)

Terminability of Welfare Plans. No Employee Benefit ------------------------------ Plan, which is an employee welfare benefit plan within the meaning of ss.3(1(S)3(1) or ss.3(2)(B(S)3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Parent, the Borrower or their respective Subsidiaries may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower such person without liability to any Person other than for claims arising prior to termination.

Appears in 1 contract

Samples: Revolving Credit (Chart House Enterprises Inc)

Terminability of Welfare Plans. No Except as set forth on Schedule 8.16 hereto, no Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1§3(1) or ss.3(2)(B§3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower Borrowers may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower Borrowers without liability to any Person other than for claims arising prior to termination.

Appears in 1 contract

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

Terminability of Welfare Plans. No Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1Section 3(1) or ss.3(2)(BSection 3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower Borrowers may terminate each such Employee Benefit Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the reasonable discretion of the Borrower Borrowers without liability to any Person other than for claims arising prior to termination.

Appears in 1 contract

Samples: Loan and Security Agreement (Fao Inc)

Terminability of Welfare Plans. No Under each Employee Benefit Plan, Plan which is an employee welfare benefit plan within the meaning of ss.3(1Section 3(1) or ss.3(2)(BSection 3(2)(B) of ERISA, provides no benefits are due unless the event giving rise to the benefit coverage subsequent entitlement occurs prior to plan termination of employment, (except as required by Title I, Part 6 of ERISA ERISA). Either of the US Borrowers or the applicable state insurance laws. The Borrower Parent or an ERISA Affiliate, as appropriate, may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower such Person without liability to any Person other than for claims arising prior to terminationPerson.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Trico Marine Services Inc)

Terminability of Welfare Plans. No Under each Employee Benefit Plan, Plan which is an employee welfare benefit plan within the meaning of ss.3(1§3(1) or ss.3(2)(B§3(2)(B) of ERISA, provides no benefits are due unless the event giving rise to the benefit coverage subsequent entitlement occurs prior to plan termination of employment, (except as required by Title I1, Part 6 of ERISA or the applicable state insurance lawsERISA). The Borrower or an ERISA Affiliate, as appropriate, may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower or such ERISA Affiliate without material liability to any Person other than for claims arising prior to terminationPerson.

Appears in 1 contract

Samples: Revolving Credit Agreement (Waste Management Inc)

Terminability of Welfare Plans. No Under each Employee Benefit Plan, Plan which is an employee welfare benefit plan within the meaning of ss.3(13(1) or ss.3(2)(B3(2)(B) of ERISA, provides no benefits are due unless the event giving rise to the benefit coverage subsequent entitlement occurs prior to plan termination of employment, (except as required by Title I, Part 6 of ERISA or the applicable state insurance lawsERISA) . The Borrower or an ERISA Affiliate, as appropriate, may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower or such ERISA Affiliate without liability to any Person other than for claims arising prior to terminationPerson.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Arrow Automotive Industries Inc)

Terminability of Welfare Plans. No Except as set forth on Schedule 8.16 hereto and except as would not reasonably be expected to have a Material Adverse Effect, no Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1§3(1) or ss.3(2)(B§3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower without liability to any Person other than for claims arising prior to termination.

Appears in 1 contract

Samples: Revolving Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.)

Terminability of Welfare Plans. No Other than severance paid plans, no Employee Benefit Plan, which is an employee welfare benefit plan within the meaning of ss.3(1§3(1) or ss.3(2)(B§3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower without liability to any Person other than for claims arising prior to termination.

Appears in 1 contract

Samples: Revolving Credit Agreement (Anacomp Inc)

Terminability of Welfare Plans. No Employee Benefit Plan, which Plan that is an employee welfare benefit plan within the meaning of ss.3(1Section 3(1) or ss.3(2)(BSection 3(2)(B) of ERISA, ERISA provides benefit coverage subsequent to termination of employment, except as set forth on Schedule 6.15 or as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower without liability to any Person other than for claims arising prior to termination.

Appears in 1 contract

Samples: Multicurrency Revolving Credit Agreement (Rogers Corp)

Terminability of Welfare Plans. No Employee Benefit Plan, Plan which is ------------- -- ------- ----- an employee welfare benefit plan within the meaning of ss.3(1(S)3(1) or ss.3(2)(B(S)3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, employment except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Any Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the such Borrower without liability to any Person other than for claims arising prior to termination.

Appears in 1 contract

Samples: Revolving Credit Agreement (Eastern Environmental Services Inc)

Terminability of Welfare Plans. No Employee Benefit Plan, Plan which is an employee welfare benefit plan within the meaning of ss.3(1) or ss.3(2)(B) of ERISA, provides benefit coverage subsequent to termination of employment, employment except as required by Title I, Part 6 of ERISA or the applicable state insurance laws. The Any Borrower may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the such Borrower without liability to any Person other than for claims arising prior to termination.

Appears in 1 contract

Samples: Revolving Credit Agreement (Geowaste Inc)

Terminability of Welfare Plans. No Under each Employee Benefit Plan, Plan which is an employee welfare benefit plan within the meaning of ss.3(13(1) or ss.3(2)(B3(2)(B) of ERISA, provides no benefits are due unless the event giving rise to the benefit coverage subsequent entitlement occurs prior to plan termination of employment, (except as required by Title I, Part 6 of ERISA or the applicable state insurance lawsERISA). The Borrower or an ERISA Affiliate, as appropriate, may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of the Borrower or such ERISA Affiliate without liability to any Person other than for claims arising prior to terminationPerson.

Appears in 1 contract

Samples: Revolving Credit Agreement (Jordan Telecommunication Products Inc)

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