Common use of Waiver Application Clause in Contracts

Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Code and the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Borrower or any member of the Controlled Group to liability in excess of $1,000,000.

Appears in 1 contract

Samples: Credit Agreement (Archibald Candy Corp)

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Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Code and the Agent believes that the substantial business hardship upon which the application for the waiver is based could is reasonably be expected likely to subject either the Borrower or any member of the Controlled Group Loan Parties to liability in excess of $1,000,000100,000, individually or in the aggregate.

Appears in 1 contract

Samples: Credit Agreement (American Medserve Corp)

Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Agent believes that the substantial business hardship upon which the application for the waiver is 125 based could reasonably be expected to subject either the Borrower or any member of the Controlled Group ERISA Affiliate to liability in excess of $1,000,000.

Appears in 1 contract

Samples: Credit Agreement (Aviation Sales Co)

Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Code and the Agent believes that the substantial business hardship upon which the application for the waiver is based could is reasonably be expected likely to subject either the Borrower or any member of the Controlled Borrower Corporate Group to liability in excess of $1,000,000100,000 or all members of the Borrower Corporate Group in the aggregate to liability in excess of $500,000.

Appears in 1 contract

Samples: Credit Agreement (American Medserve Corp)

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Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Majority Holders believe that the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Borrower Issuer or any member of the Controlled Group ERISA Affiliate to liability in excess of $1,000,000250,000.

Appears in 1 contract

Samples: Dividend Note Agreement (Kaynar Holdings Inc)

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