Waiver Application. The plan administrator of any Benefit Plan for which the Borrower or an ERISA Affiliate is an "employer" as defined in Section 3(5) of ERISA applies under Section 412(d) of the Internal Revenue Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the substantial business hardship upon which the application for the waiver is based could reasonably subject the Borrower or any ERISA Affiliate to liability in excess of $1,000,000.
Appears in 4 contracts
Samples: Credit Agreement (Foamex Capital Corp), Credit Agreement (Foamex Capital Corp), Credit Agreement (Foamex Capital Corp)
Waiver Application. The plan administrator of any Benefit Plan for which the Borrower or an ERISA Affiliate is an "employer" as defined in Section 3(5) of ERISA applies under Section 412(d) of the Internal Revenue Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the substantial business hardship upon which the application for the waiver is based could reasonably subject with respect to any Benefit Plan contribution obligation of the Borrower or any ERISA Affiliate to liability which is in excess of $1,000,00020,000,000.
Appears in 3 contracts
Samples: Margin Loan Credit Agreement (Trace International Holdings Inc), Margin Loan Credit Agreement (Trace International Holdings Inc), Credit Agreement (Trace International Holdings Inc)
Waiver Application. The plan administrator of any Benefit Plan for which the either Borrower or an ERISA Affiliate is an "employer" as defined in Section 3(5) of ERISA applies under Section 412(d) of the Internal Revenue Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the substantial business hardship upon which the application for the waiver is based could reasonably subject the either Borrower or any ERISA Affiliate to liability in excess of $1,000,000.
Appears in 1 contract
Waiver Application. The plan administrator of any Benefit Plan for which the Borrower Issuer or an ERISA Affiliate is an "employer" as defined in Section 3(5) of ERISA applies under Section 412(d) of the Internal Revenue Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the substantial business hardship upon which the application for the waiver is based could reasonably subject the Borrower Issuer or any ERISA Affiliate to liability in excess of $1,000,000.
Appears in 1 contract
Samples: Foamex Capital Corp
