Common use of Terminability of Welfare Plans Clause in Contracts

Terminability of Welfare Plans. Under each Employee Benefit Plan which is an employee welfare benefit plan within the meaning of ss.3(1) or ss.3(2)(B) of ERISA, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, part 6 of ERISA.) Each Borrower or 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 such Borrower or ERISA Affiliate without liability to any Person.

Terminability of Welfare Plans. Under each Employee Benefit Plan which 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, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, part Subtitle B, Part 6 of ERISA.) Each Borrower or ). The Borrower, each of its Subsidiaries and each ERISA Affiliate, as appropriate, Affiliate 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 such Borrower Loan Party or such ERISA Affiliate without liability to any Person.

Terminability of Welfare Plans. Under each 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, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, part 6 of ERISA.) Each Borrower The Company, each of its Subsidiaries, or ERISA Affiliate, as appropriate, may terminate each such Plan plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of Company or such Borrower Subsidiary, or ERISA Affiliate without material liability to any Person.

Terminability of Welfare Plans. Under each Employee ------------------------------ Benefit Plan which is an employee welfare benefit plan within the meaning of ss.3(1) or ss.3(2)(B) of ERISA, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, part Part 6 of ERISA.) Each ). Any of 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 such the Borrower or such ERISA Affiliate without liability to any Person.

Terminability of Welfare Plans. Under each 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, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, part Part 6 of ERISA.) Each ). 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 such the Borrower or such ERISA Affiliate without liability to any Person, except as would not be likely to have a Material Effect.

Terminability of Welfare Plans. Under each Employee Benefit Plan which is an employee welfare benefit plan within the meaning of ss.3(1) or ss.3(2)(B) of ERISA, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, part Subtitle B, Part 6 of ERISA.) Each ). 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 such the Borrower or such ERISA Affiliate without liability to any PersonPerson other than for benefits accrued prior to such termination.

Terminability of Welfare Plans. Under each 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, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, part Part 6 of ERISA.) Each ). 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 such the Borrower or such ERISA Affiliate without liability to any Person.

Terminability of Welfare Plans. Under each Employee Benefit Plan of the Borrower which is an employee welfare benefit plan within the meaning of ss.3(1[SECTION]3(1) or ss.3(2)(B[SECTION]3(2)(B) of or ERISA, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, part Part 6 of ERISA.) Each . 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 such the Borrower or such ERISA Affiliate without liability to any Person.

Terminability of Welfare Plans. Under each 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, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, part 6 of ERISA.) Each Borrower or any 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 such Borrower or any ERISA Affiliate without liability to any PersonPerson by reason of such termination.

Terminability of Welfare Plans. Under each Employee Benefit Plan which is an employee welfare benefit plan within the meaning of ss.3(1[section]3(1) or ss.3(2)(B[section]3(2)(B) of ERISA, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, part Part 6 of ERISA.) Each Borrower ). The Borrowers 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 Borrowers or such Borrower or ERISA Affiliate without liability to any Person.

Terminability of Welfare Plans. Under each 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, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, part Part 6 of ERISA.) Each ). 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 such the Borrower or such ERISA Affiliate without liability to any Person, except as would not be likely to have a Material Effect.

Terminability of Welfare Plans. Under each 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, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, part Part 6 of ERISA.) Each ). The US 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 such US Borrower or such ERISA Affiliate without liability to any Person.

Terminability of Welfare Plans. Under each 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, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, part Part 6 of ERISA.) Each Borrower ). The Borrowers or their ERISA AffiliateAffiliates, 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 Borrowers or such Borrower or ERISA Affiliate without material liability to any Person.

Terminability of Welfare Plans. Under each 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, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, part 6 of ERISA.) Each Borrower or 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 such Borrower or ERISA Affiliate without liability to any Person.