Common use of Unfunded Pension Liability Clause in Contracts

Unfunded Pension Liability. the excess of a Pension Plan’s benefit liabilities under Section 4001(a)(16) of ERISA, over the current value of that Pension Plan’s assets, determined in accordance with the assumptions used for funding the Pension Plan pursuant to the Code, ERISA or the Pension Protection Act of 2006 for the applicable plan year. Unused Line Fee Rate: a per annum rate equal to (a) 0.375%, if average daily Global Revolver Usage was 50% or less of the Revolver Commitments during the preceding calendar month, or (b) 0.25%, if average daily Global Revolver Usage was more than 50% of the Revolver Commitments during such month. Upstream Payment: a Distribution by a Subsidiary of a Borrower to such Borrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (Super Micro Computer, Inc.), Loan and Security Agreement (Super Micro Computer, Inc.)

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Unfunded Pension Liability. the excess of a Pension Plan’s benefit liabilities under Section 4001(a)(16) of ERISA, over the current value of that Pension Plan’s assets, determined in accordance with the assumptions used for funding the Pension Plan pursuant to the Code, ERISA or the Pension Protection Act of 2006 for the applicable plan year. Unused Line Fee Rate: a per annum rate equal to (a) 0.3750.25%, if the average daily Global balance of Revolver Usage was 50less than 40% or less of the Revolver Commitments Commitment during the preceding calendar month, or (b) 0.250.15%, if the average daily Global Revolver Usage was 40% or more than 50% of the Revolver Commitments Commitment during such the preceding calendar month. Upstream Payment[SIC] A&R Loan, Security and Guaranty Agreement U.S. Borrower: any Borrower that is a Distribution by a Subsidiary of a Borrower to such BorrowerU.S. Person.

Appears in 1 contract

Samples: Loan, Security and Guaranty Agreement (Select Interior Concepts, Inc.)

Unfunded Pension Liability. the excess of a Pension Plan’s benefit liabilities under Section 4001(a)(16) of ERISA, over the current value of that Pension Plan’s assets, determined in accordance with the assumptions used for funding the Pension Plan pursuant to the Code, ERISA or the Pension Protection Act of 2006 for the applicable plan year. Unused Line Fee Rate: a per annum rate equal to (a) 0.375%, if average daily Global Revolver Usage was less than 50% or less of the Revolver Commitments Borrowing Base during the preceding calendar month, or (b) 0.25%, if average daily Global Revolver Usage was more greater than or equal to 50% of the Revolver Commitments Borrowing Base during such month. Upstream Payment: a Distribution by a Subsidiary of a Borrower to such Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Arctic Cat Inc)

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Unfunded Pension Liability. the excess of a Pension Plan’s benefit liabilities under Section 4001(a)(16) of ERISA, over the current value of that Pension Plan’s assets, determined in accordance with the assumptions used for funding the Pension Plan pursuant to the Code, ERISA or the Pension Protection Act of 2006 for the applicable plan year. Unused Line Fee Rate: a per annum rate equal to (a) 0.3750.50%, if average daily Global Revolver Usage was 50% or less of the Revolver Commitments during the preceding calendar month, or (b) 0.250.375%, if average daily Global Revolver Usage was more than 50% of the Revolver Commitments during such month. Upstream Payment: a Distribution by a Subsidiary of a Borrower to such Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Advanced Micro Devices Inc)

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