UK Pensions. (a) Each Loan Party shall ensure that: (i) no member of the Group is or becomes an employer (for the purposes of sections 38 to 51 of the Pensions Act 2004) of an occupational pension scheme which is not a money purchase scheme (both terms as defined in the Pensions Schemes Act 1993) and is not a scheme within section 38(1)(b) of the Pensions act 2004 or “connected” with or an “associate” of (as those terms are used in sections 38 and 43 of the Pensions ▇▇▇ ▇▇▇▇ save that for the purposes of this clause, a member of the Group shall not be connected with another company solely by reason of one or more of its directors or employees being a director of that other company) such an employer; (ii) any contributions that a UK Loan Party or any of its Subsidiaries are required to pay to Furmanite International Limited Pension Plan are so paid before or when they fall due and payable in accordance with the schemes’ governing documentation and any overriding legislation; and (iii) no action or omission is taken by any member of the Group in relation to a pension scheme which has or is reasonably likely to have a Material Adverse Effect including, without limitation, the commencement of winding-up proceedings but excluding for these purposes any action or omission that is taken by any member of the Group in relation to the continuation or termination of employment of any employee of the Group (on grounds of ill-health or otherwise). (b) Each Loan Party shall promptly: (i) notify the Agent of any material change in the rate of contributions to the Furmanite International Limited Pension Plan paid or recommended to be paid (whether by the scheme actuary or otherwise) or required (by law or otherwise); (ii) provide to the Agent a copy of the Recovery Plan (and any amendments and/or variations thereto from time to time); and (iii) (subject to any confidentiality obligations) provide copies of all notifications made to the Pensions Regulator under section 69 of the Pensions Act 2004 (as amended from time to time). (c) Each Loan Party shall immediately notify the Agent: (i) if it receives a Financial Support Direction or a contribution Notice from the Pensions Regulator; (ii) (subject to any confidentiality obligations) of any investigation or proposed investigation by the Pensions Regulator of which it is aware which has resulted or may result in the Pensions Regulator taking any regulatory action against any member of the Group; and (iii) any event of which it is aware which has triggered or may trigger a debt on any member of the Group under sections 75 or 75A of the Pensions ▇▇▇ ▇▇▇▇.
Appears in 5 contracts
Sources: Term Loan Credit Agreement (Team Inc), Term Loan Credit Agreement (Team Inc), Term Loan Credit Agreement (Team Inc)
UK Pensions. (a) Each Loan Party shall ensure that:
(i) no member of the Group is or becomes an employer (for the purposes of sections 38 to 51 of the Pensions Act 2004) of an occupational pension scheme which is not a money purchase scheme (both terms as defined in the Pensions Pension Schemes Act 1993) and is not a scheme within section 38(1)(b) of the Pensions act Act 2004 or “connected” with or an “associate” of (as those terms are used in sections 38 and 43 of the Pensions ▇▇▇ ▇▇▇▇ Act 2004 save that for the purposes of this clause, a member of the Group shall not be connected with another company solely by reason of one or more of its directors or employees being a director of that other company) such an employer;
(ii) any contributions that a UK Loan Party or any of its Subsidiaries are required to pay to Furmanite International Limited Pension Plan are so paid before or when they fall due and payable in accordance with the schemes’ governing documentation and any overriding legislation; and
(iii) no action or omission is taken by any member of the Group in relation to a pension scheme which has or is reasonably likely to have a Material Adverse Effect including, without limitation, the commencement of winding-up proceedings but excluding for these purposes any action or omission that is taken by any member of the Group in relation to the continuation or termination of employment of any employee of the Group (on grounds of ill-health or otherwise).
(b) Each Loan Party shall promptly:
(i) notify the Agent of any material change in the rate of contributions to the Furmanite International Limited Pension Plan paid or recommended to be paid (whether by the scheme actuary or otherwise) or required (by law or otherwise);
(ii) provide to the Agent a copy of the Recovery Plan (and any amendments and/or variations thereto from time to time); and
(iii) (subject to any confidentiality obligations) provide copies of all notifications made to the Pensions Regulator under section 69 of the Pensions Act 2004 (as amended from time to time).
(c) Each Loan Party shall immediately notify the Agent:
(i) if it receives a Financial Support Direction or a contribution Contribution Notice from the Pensions Regulator;
(ii) (subject to any confidentiality obligations) of any investigation or proposed investigation by the Pensions Regulator of which it is aware which has resulted or may result in the Pensions Regulator taking any regulatory action against any member of the Group; and
(iii) any event of which it is aware which has triggered or may trigger a debt on any member of the Group under sections 75 or 75A of the Pensions ▇▇▇ ▇▇▇▇Act 2004.
Appears in 4 contracts
Sources: Credit Agreement (Team Inc), Second Lien Term Loan Credit Agreement (Team Inc), Second Lien Term Loan Credit Agreement (Team Inc)
UK Pensions. (a) Each Loan Party shall ensure that:
(i) no member of the Group is or becomes an employer (for the purposes of sections 38 to 51 of the Pensions Act 20042004 (UK)) of an occupational pension scheme which is not a money purchase scheme (both terms as defined in the Pensions Pension Schemes Act 19931993 (UK)) and is not a scheme within section 38(1)(b) of the Pensions act Act 2004 (UK) or “connected” with or an “associate” of (as those terms are used in sections 38 and 43 of the Pensions ▇▇▇ ▇▇▇▇ Act 2004 (UK) save that for the purposes of this clause, a member of the Group shall not be connected with another company solely by reason of one or more of its directors or employees being a director of that other company) such an employer;
(ii) any contributions that a UK Loan Party or any of its Subsidiaries are required to pay to Furmanite International Limited Pension Plan are so paid before or when they fall due and payable in accordance with the schemes’ governing documentation and any overriding legislation; and
(iii) no action or omission is taken by any member of the Group in relation to a pension scheme which has or is reasonably likely to have a Material Adverse Effect including, without limitation, the commencement of winding-up proceedings but excluding for these purposes any action or omission that is taken by any member of the Group in relation to the continuation or termination of employment of any employee of the Group (on grounds of ill-health or otherwise).
(b) Each Loan Party shall promptly:
(i) notify the Agent of any material change in the rate of contributions to the Furmanite International Limited Pension Plan paid or recommended to be paid (whether by the scheme actuary or otherwise) or required (by law or otherwise);
(ii) provide to the Agent a copy of the Recovery Plan (and any amendments and/or variations thereto from time to time); and
(iii) (subject to any confidentiality obligations) provide copies of all notifications made to the Pensions Regulator under section 69 of the Pensions Act 2004 (as amended from time to time).
(c) Each Loan Party shall immediately notify the Agent:
(i) if it receives a Financial Support Direction or a contribution Contribution Notice from the Pensions Regulator;
(ii) (subject to any confidentiality obligations) of any investigation or proposed investigation by the Pensions Regulator of which it is aware which has resulted or may result in the Pensions Regulator taking any regulatory action against any member of the Group; and
(iii) any event of which it is aware which has triggered or may trigger a debt on any member of the Group under sections 75 or 75A of the Pensions ▇▇▇ ▇▇▇▇Act 2004.
Appears in 2 contracts
Sources: Credit Agreement (Team Inc), Credit Agreement (Team Inc)
UK Pensions. (a) Each Loan Party shall ensure that:
(i) no member of the Group is or becomes an employer (for the purposes of sections 38 to 51 of the Pensions Act 2004) of an occupational pension scheme which is not a money purchase scheme (both terms as defined in the Pensions Schemes Act 1993) and is not a scheme within section 38(1)(b) of the Pensions act 2004 or “connected” with or an “associate” of (as those terms are used in sections 38 and 43 of the Pensions ▇▇▇ ▇▇▇▇ save that for the purposes of this clause, a member of the Group shall not be connected with another company solely by reason of one or more of its directors or employees being a director of that other company) such an employer;
(ii) any contributions that a UK Loan Party or any of its Subsidiaries are required to pay to Furmanite International Limited Pension Plan are so paid before or when they fall due and payable in accordance with the schemes’ governing documentation and any overriding legislation; and
(iii) no action or omission is taken by any member of the Group in relation to a pension scheme which has or is reasonably likely to have a Material Adverse Effect including, without limitation, the commencement of winding-up proceedings but excluding for these purposes any action or omission that is taken by any member of the Group in relation to the continuation or termination of employment of any employee of the Group (on grounds of ill-health or otherwise).
(b) Each Loan Party shall promptly:
(i) notify the Agent of any material change in the rate of contributions to the Furmanite International Limited Pension Plan paid or recommended to be paid (whether by the scheme actuary or otherwise) or required (by law or otherwise);
(ii) provide to the Agent a copy of the Recovery Plan (and any amendments and/or variations thereto from time to time); and
(iii) (subject to any confidentiality obligations) provide copies of all notifications made to the Pensions Regulator under section 69 of the Pensions Act 2004 (as amended from time to time).
(c) Each Loan Party shall immediately notify the Agent:
(i) if it receives a Financial Support Direction or a contribution Contribution Notice from the Pensions Regulator;
(ii) (subject to any confidentiality obligations) of any investigation or proposed investigation by the Pensions Regulator of which it is aware which has resulted or may result in the Pensions Regulator taking any regulatory action against any member of the Group; and
(iii) any event of which it is aware which has triggered or may trigger a debt on any member of the Group under sections 75 or 75A of the Pensions ▇▇▇ ▇▇▇▇.
Appears in 1 contract
Sources: Credit Agreement (Team Inc)
UK Pensions. (a) Each Loan Party shall ensure that:
(i) no member of the Group is or becomes an employer (for the purposes of sections 38 to 51 of the Pensions Act 2004) of an occupational pension scheme which is not a money purchase scheme (both terms as defined in the Pensions Pension Schemes Act 1993) and is not a scheme within section 38(1)(b) of the Pensions act Act 2004 or “connected” with or an “associate” of (as those terms are used in sections 38 and 43 of the Pensions ▇▇▇ ▇▇▇▇ Act 2004 save that for the purposes of this clause, a member of the Group shall not be connected with another company solely by reason of one or more of its directors or employees being a director of that other company) such an employer;
(ii) any contributions that a UK Loan Party or any of its Subsidiaries are required to pay to Furmanite International Limited Pension Plan are so paid before or when they fall due and payable in accordance with the schemes’ governing documentation and any overriding legislation; and
(iii) no action or omission is taken by any member of the Group in relation to a pension scheme which has or is reasonably likely to have a Material Adverse Effect including, without limitation, the commencement of winding-up proceedings but excluding for these purposes any action or omission that is taken by any member of the Group in relation to the continuation or termination of employment of any employee of the Group (on grounds of ill-health or otherwise).
(b) Each Loan Party shall promptly:
(i) notify the Agent of any material change in the rate of contributions to the Furmanite International Limited Pension Plan paid or recommended to be paid (whether by the scheme actuary or otherwise) or required (by law or otherwise);
(ii) provide to the Agent a copy of the Recovery Plan (and any amendments and/or variations thereto from time to time); and
(iii) (subject to any confidentiality obligations) provide copies of all notifications made to the Pensions Regulator under section 69 of the Pensions Act 2004 (as amended from time to time).
(c) Each Loan Party shall immediately notify the Agent:
(i) if it receives a Financial Support Direction or a contribution Contribution Notice from the Pensions Regulator;
(ii) (subject to any confidentiality obligations) of any investigation or proposed investigation by the Pensions Regulator of which it is aware which has resulted or may result in the Pensions Regulator taking any regulatory action against any member of the Group; and
(iii) any event of which it is aware which has triggered or may trigger a debt on any member of the Group under sections 75 or 75A of the Pensions ▇▇▇ ▇▇▇▇Act 2004.
Appears in 1 contract
UK Pensions. (a) Each Loan Party shall ensure that:
(i) no member of the Group is or becomes an employer (for the purposes of sections 38 to 51 of the Pensions Act 2004) of an occupational pension scheme which is not a money purchase scheme (both terms as defined in the Pensions Schemes Act 1993) and is not a scheme within section 38(1)(b) of the Pensions act 2004 or “”connected”” with or an “”associate”” of (as those terms are used in sections 38 and 43 of the Pensions ▇▇▇ ▇▇▇▇ save that for the purposes of this clause, a member of the Group shall not be connected with another company solely by reason of one or more of its directors or employees being a director of that other company) such an employer;
(ii) any contributions that a UK Loan Party or any of its Subsidiaries are required to pay to Furmanite International Limited Pension Plan are so paid before or when they fall due and payable in accordance with the schemes’ governing documentation and any overriding legislation; and
(iii) no action or omission is taken by any member of the Group in relation to a pension scheme which has or is reasonably likely to have a Material Adverse Effect including, without limitation, the commencement of winding-up proceedings but excluding for these purposes any action or omission that is taken by any member of the Group in relation to the continuation or termination of employment of any employee of the Group (on grounds of ill-health or otherwise).
(b) Each Loan Party shall promptly:
(i) notify the Agent of any material change in the rate of contributions to the Furmanite International Limited Pension Plan paid or recommended to be paid (whether by the scheme actuary or otherwise) or required (by law or otherwise);
(ii) provide to the Agent a copy of the Recovery Plan (and any amendments and/or variations thereto from time to time); and
(iii) (subject to any confidentiality obligations) provide copies of all notifications made to the Pensions Regulator under section 69 of the Pensions Act 2004 (as amended from time to time).
(c) Each Loan Party shall immediately notify the Agent:
(i) if it receives a Financial Support Direction or a contribution Notice from the Pensions Regulator;
(ii) (subject to any confidentiality obligations) of any investigation or proposed investigation by the Pensions Regulator of which it is aware which has resulted or may result in the Pensions Regulator taking any regulatory action against any member of the Group; and
(iii) any event of which it is aware which has triggered or may trigger a debt on any member of the Group under sections 75 or 75A of the Pensions ▇▇▇ ▇▇▇▇.
Appears in 1 contract
UK Pensions. (a) Each Loan Party shall ensure that:
(i) no member of the Group is or becomes an employer (for the purposes of sections 38 to 51 of the Pensions Act 2004) of an occupational pension scheme which is not a money purchase scheme (both terms as defined in the Pensions Schemes Act 1993) and is not a scheme within section 38(1)(b) of the Pensions act 2004 or “connected” with or an “associate” of (as those terms are used in sections 38 and 43 of the Pensions ▇▇▇ ▇▇▇▇ Act 2004 save that for the purposes of this clause, a member of the Group shall not be connected with another company solely by reason of one or more of its directors or employees being a director of that other company) such an employer;
(ii) any contributions that a UK Loan Party or any of its Subsidiaries are required to pay to Furmanite International Limited Pension Plan are so paid before or when they fall due and payable in accordance with the schemes’ ' governing documentation and any overriding legislation; and
(iii) no action or omission is taken by any member of the Group in relation to a pension scheme which has or is reasonably likely to have a Material Adverse Effect including, without limitation, the commencement of winding-up proceedings but excluding for these purposes any action or omission that is taken by any member of the Group in relation to the continuation or termination of employment of any employee of the Group (on grounds of ill-health or otherwise).
(b) Each Loan Party shall promptly:
(i) notify the Agent of any material change in the rate of contributions to the Furmanite International Limited Pension Plan paid or recommended to be paid (whether by the scheme actuary or otherwise) or required (by law or otherwise);
(ii) provide to the Agent a copy of the Recovery Plan (and any amendments and/or variations thereto from time to time); and
(iii) (subject to any confidentiality obligations) provide copies of all notifications made to the Pensions Regulator under section 69 of the Pensions Act 2004 (as amended from time to time).
(c) Each Loan Party shall immediately notify the Agent:
(i) if it receives a Financial Support Direction or a contribution Notice from the Pensions Regulator;
(ii) (subject to any confidentiality obligations) of any investigation or proposed investigation by the Pensions Regulator of which it is aware which has resulted or may result in the Pensions Regulator taking any regulatory action against any member of the Group; and
(iii) any event of which it is aware which has triggered or may trigger a debt on any member of the Group under sections 75 or 75A of the Pensions ▇▇▇ ▇▇▇▇Act 2004.
Appears in 1 contract
Sources: Unsecured Term Loan Credit Agreement (Corre Horizon Fund, Lp)
UK Pensions. (a) Each Loan Party shall ensure that:
(i) no member of the Group is or becomes an employer (for the purposes of sections 38 to 51 of the Pensions Act 2004) of an occupational pension scheme which is not a money purchase scheme (both terms as defined in the Pensions Schemes Act 1993) and is not a scheme within section 38(1)(b) of the Pensions act 2004 or “"connected” " with or an “"associate” " of (as those terms are used in sections 38 and 43 of the Pensions ▇▇▇ ▇▇▇▇ save that for the purposes of this clause, a member of the Group shall not be connected with another company solely by reason of one or more of its directors or employees being a director of that other company) such an employer;
(ii) any contributions that a UK Loan Party or any of its Subsidiaries are required to pay to Furmanite International Limited Pension Plan are so paid before or when they fall due and payable in accordance with the schemes’ ' governing documentation and any overriding legislation; and
(iii) no action or omission is taken by any member of the Group in relation to a pension scheme which has or is reasonably likely to have a Material Adverse Effect including, without limitation, the commencement of winding-up proceedings but excluding for these purposes any action or omission that is taken by any member of the Group in relation to the continuation or termination of employment of any employee of the Group (on grounds of ill-health or otherwise).
(b) Each Loan Party shall promptly:
(i) notify the Agent of any material change in the rate of contributions to the Furmanite International Limited Pension Plan paid or recommended to be paid (whether by the scheme actuary or otherwise) or required (by law or otherwise);
(ii) provide to the Agent a copy of the Recovery Plan (and any amendments and/or variations thereto from time to time); and
(iii) (subject to any confidentiality obligations) provide copies of all notifications made to the Pensions Regulator under section 69 of the Pensions Act 2004 (as amended from time to time).
(c) Each Loan Party shall immediately notify the Agent:
(i) if it receives a Financial Support Direction or a contribution Contribution Notice from the Pensions Regulator;
(ii) (subject to any confidentiality obligations) of any investigation or proposed investigation by the Pensions Regulator of which it is aware which has resulted or may result in the Pensions Regulator taking any regulatory action against any member of the Group; and
(iii) any event of which it is aware which has triggered or may trigger a debt on any member of the Group under sections 75 or 75A of the Pensions ▇▇▇ ▇▇▇▇.
Appears in 1 contract
Sources: Credit Agreement (Team Inc)
UK Pensions. Third Amended and Restated Loan and Security Agreement – ▇▇▇▇▇▇.▇▇ Inc. (January 2024) 30
(a) Each Loan Party of the Foreign Subsidiaries of the Borrower shall ensure that:that all pension and superannuation schemes operated by or maintained for the benefit of members of each of its Foreign Subsidiaries and/or any of their employees are at all times fully funded in accordance, in all material respects, with applicable law and regulation and the rules of the schemes, on the basis of reasonable, good faith actuarial assumptions (including, based on the statutory funding objective under sections 221 and 222 of the Pensions Act 2004) and that no action or omission is taken by any such Foreign Subsidiaries in relation to such a pension or superannuation scheme, in each case, except as would not have a Material Adverse Effect.
(ib) no member Each of the Group Foreign Subsidiaries of the Borrower shall deliver to the Agent, at such times as those reports are prepared in order to comply with the then current statutory or auditing requirements (as applicable either to the trustees of any relevant schemes or to the Borrower), actuarial reports in relation to all pension and superannuation schemes mentioned in paragraph (a) above.
(c) Each of the Foreign Subsidiaries of the Borrower shall promptly notify the Agent of any material change in the rate of contributions to any pension or superannuation schemes mentioned in paragraph (a) above paid or agreed with the scheme actuary to be paid or required (by law or otherwise).
(d) The Borrower shall ensure that none of its Foreign Subsidiaries is or becomes has been at any time an employer (for the purposes of sections 38 to 51 of the Pensions Act 20042004 (United Kingdom)) of an occupational pension scheme which is not a money purchase scheme (both terms as defined in the Pensions Pension Schemes Act 19931993 (United Kingdom)) and is not a scheme within section 38(1)(b) of the Pensions act 2004 or “connected” with or an “associate” of (as those terms are used in sections 38 and or 43 of the Pensions ▇▇▇ ▇▇▇▇ save that for the purposes of this clause, a member of the Group shall not be connected with another company solely by reason of one or more of its directors or employees being a director of that other company) such an employer;
(ii) any contributions that a UK Loan Party or any of its Subsidiaries are required to pay to Furmanite International Limited Pension Plan are so paid before or when they fall due and payable in accordance with the schemes’ governing documentation and any overriding legislation; and
(iii) no action or omission is taken by any member of the Group in relation to a pension scheme which has or is reasonably likely to have a Material Adverse Effect including, without limitation, the commencement of winding-up proceedings but excluding for these purposes any action or omission that is taken by any member of the Group in relation to the continuation or termination of employment of any employee of the Group (on grounds of ill-health or otherwise).
(b) Each Loan Party shall promptly:
(i) notify the Agent of any material change in the rate of contributions to the Furmanite International Limited Pension Plan paid or recommended to be paid (whether by the scheme actuary or otherwise) or required (by law or otherwise);
(ii) provide to the Agent a copy of the Recovery Plan (and any amendments and/or variations thereto from time to time); and
(iii) (subject to any confidentiality obligations) provide copies of all notifications made to the Pensions Regulator under section 69 of the Pensions Act 2004 (as amended from time to timeUnited Kingdom)) such an employer.
(ce) Each Loan Party shall immediately promptly notify the Agent:
(i) if it receives a Financial Support Direction or a contribution Notice from the Pensions Regulator;
(ii) (subject to any confidentiality obligations) Agent of any investigation or proposed investigation by the Pensions Regulator of which it is aware which has resulted or may reasonably likely to result in the issue of a Financial Support Direction or a Contribution Notice which would constitute an Event of Default.
(f) Each Loan Party shall promptly notify the Agent if it receives a Financial Support Direction or a Contribution Notice from the Pensions Regulator taking any regulatory action against any member which constitutes an Event of the Group; and
(iii) any event of which it is aware which has triggered or may trigger a debt on any member of the Group under sections 75 or 75A of the Pensions ▇▇▇ ▇▇▇▇Default.
Appears in 1 contract
UK Pensions. Each UK Loan Party shall (a) Each ensure that all pension schemes operated by or maintained for its or its Subsidiaries benefit and/or any of its employees are fully funded based on the statutory funding objective under sections 221 and 222 of the Pensions Act 2004 and that no action or omission is taken by any UK Loan Party shall ensure that:
in relation to such a pension scheme which has or is reasonably likely to have a Material Adverse Effect (i) no including the termination or commencement of winding-up proceedings of any such pension scheme or a UK Loan Party ceasing to employ any member of such a pension scheme); (b) except for the Group UK Pension Schemes, ensure that it is not or becomes has not been at any time an employer (for the purposes of sections 38 to 51 of the Pensions Act 2004) of an occupational pension scheme which is not a money purchase scheme (both terms as defined in the Pensions Pension Schemes Act 1993199) and is not a scheme within section 38(1)(b) of the Pensions act 2004 or “connected” with or an “associate” of (as those terms are used defined in sections 38 and or 43 of the Pensions ▇▇▇ ▇▇▇▇ save that for the purposes of this clause, a member of the Group shall not be connected with another company solely by reason of one or more of its directors or employees being a director of that other companyAct 2004) such an employer;
; (c) deliver to the Administrative Agent: (i) at such times as those reports are prepared in order to comply with the then current statutory or auditing requirements (as applicable either to the trustees of any relevant schemes or to the UK Loan Parties); and (ii) at any contributions other time if the Administrative Agent reasonably believes that a UK Loan Party any relevant statutory or any of its Subsidiaries auditing requirements are required to pay to Furmanite International Limited Pension Plan are so paid before or when they fall due and payable in accordance with the schemes’ governing documentation and any overriding legislation; and
(iii) no action or omission is taken by any member of the Group not being complied with, actuarial reports in relation to a all pension scheme which has or is reasonably likely to have a Material Adverse Effect including, without limitation, the commencement of winding-up proceedings but excluding for these purposes any action or omission that is taken by any member of the Group schemes mentioned in relation to the continuation or termination of employment of any employee of the Group (on grounds of ill-health or otherwise).
a) above; (bd) Each Loan Party shall promptly:
(i) promptly notify the Administrative Agent of any material change in the rate of contributions to the Furmanite International Limited Pension Plan any pension scheme mentioned in (a) above paid or recommended to be paid (whether by the scheme actuary or otherwise) or required (by law or otherwise);
; (iie) provide to the Agent a copy of the Recovery Plan (and any amendments and/or variations thereto from time to time); and
(iii) (subject to any confidentiality obligations) provide copies of all notifications made to the Pensions Regulator under section 69 of the Pensions Act 2004 (as amended from time to time).
(c) Each Loan Party shall immediately notify the Agent:
(i) if it receives a Financial Support Direction or a contribution Notice from the Pensions Regulator;
(ii) (subject to any confidentiality obligations) Administrative Agent of any investigation or proposed investigation by the Pensions Regulator which may lead to the issue of which a Financial Support Direction or a Contribution Notice to it is aware which has resulted or may result in any of its Subsidiaries; and (f) immediately notify the Agent if it receives a Financial Support Direction or a Contribution Notice from the Pensions Regulator taking any regulatory action against any member of the Group; and
(iii) any event of which it is aware which has triggered or may trigger a debt on any member of the Group under sections 75 or 75A of the Pensions ▇▇▇ ▇▇▇▇.Regulator. 163 #98388029v19
Appears in 1 contract
UK Pensions. (a) Each Loan Party shall ensure that:
(i) no member of the Group is or becomes an employer (for the purposes of sections 38 to 51 of the Pensions Act 2004) of an occupational pension scheme which is not a money purchase scheme (both terms as defined in the Pensions Schemes Act 1993) and is not a scheme within section 38(1)(b) of the Pensions act 2004 or “"connected” " with or an “"associate” " of (as those terms are used in sections 38 and 43 of the Pensions ▇▇▇ ▇▇▇▇ save that for the purposes of this clause, a member of the Group shall not be connected with another company solely by reason of one or more of its directors or employees being a director of that other company) such an employer;
(ii) any contributions that a UK Loan Party or any of its Subsidiaries are required to pay to Furmanite International Limited Pension Plan are so paid before or when they fall due and payable in accordance with the schemes’ ' governing documentation and any overriding legislation; and
(iii) no action or omission is taken by any member of the Group in relation to a pension scheme which has or is reasonably likely to have a Material Adverse Effect including, without limitation, the commencement of winding-up proceedings but excluding for these purposes any action or omission that is taken by any member of the Group in relation to the continuation or termination of employment of any employee of the Group (on grounds of ill-health or otherwise).
(b) Each Loan Party shall promptly:
(i) notify the Agent of any material change in the rate of contributions to the Furmanite International Limited Pension Plan paid or recommended to be paid (whether by the scheme actuary or otherwise) or required (by law or otherwise);
(ii) provide to the Agent a copy of the Recovery Plan (and any amendments and/or variations thereto from time to time); and
(iii) (subject to any confidentiality obligations) provide copies of all notifications made to the Pensions Regulator under section 69 of the Pensions Act 2004 (as amended from time to time).
(c) Each Loan Party shall immediately notify the Agent:
(i) if it receives a Financial Support Direction or a contribution Notice from the Pensions Regulator;
(ii) (subject to any confidentiality obligations) of any investigation or proposed investigation by the Pensions Regulator of which it is aware which has resulted or may result in the Pensions Regulator taking any regulatory action against any member of the Group; and
(iii) any event of which it is aware which has triggered or may trigger a debt on any member of the Group under sections 75 or 75A of the Pensions ▇▇▇ ▇▇▇▇.
Appears in 1 contract