Common use of Deliver to Agent Clause in Contracts

Deliver to Agent. (i) promptly, and in any event within 10 Business Days after Borrower or its Subsidiaries know or have reason to know that an ERISA Event has occurred that reasonably could be expected to result in a Material Adverse Change, a written statement of the chief financial officer of Borrower or such Subsidiary describing such ERISA Event and any action that is being taking with respect thereto by Borrower or its Subsidiaries or their ERISA Affiliates, and any action taken or threatened by the IRS, Department of Labor, or PBGC; Borrower and its Subsidiaries shall be deemed to know all facts known by the administrator of any Benefit Plan of which it is the plan sponsor, (ii) promptly, and in any event within three Business Days after the filing thereof with the IRS, a copy of each funding waiver request filed with respect to any Benefit Plan and all communications received by Borrower or its Subsidiaries or, to the knowledge of Borrower or its Subsidiaries, any ERISA Affiliate with respect to such request, and (iii) promptly, and in any event within three Business Days after receipt by Borrower or its Subsidiaries of the notice of the PBGC’s intention to terminate a Benefit Plan or to have a trustee appointed to administer a Benefit Plan, copies of each such notice.

Appears in 2 contracts

Samples: Registration Rights Agreement (Bakers Footwear Group Inc), Registration Rights Agreement (Bakers Footwear Group Inc)

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Deliver to Agent. (i) promptly, and in any event within 10 Business Days after Borrower Borrowers or its any of their Subsidiaries know knows or have has reason to know that an ERISA Event has occurred that reasonably could be expected to result in a Material Adverse Change, a written statement of the chief financial officer of Borrower or such Subsidiary Borrowers describing such ERISA Event and any action that is being taking with respect thereto by Borrower any Borrower, any such Subsidiary or its Subsidiaries or their ERISA AffiliatesAffiliate, and any action taken or threatened by the IRS, Department of Labor, or PBGC; Borrower PBGC and its Subsidiaries Borrowers or such Subsidiary, as applicable, shall be deemed to know all facts known by the administrator of any Benefit Plan of which it is the plan sponsor, (ii) promptly, and in any event within three 3 Business Days after the filing thereof with the IRS, a copy of each funding waiver request filed with respect to any Benefit Plan and all communications received by Borrower or its Borrowers, any of their Subsidiaries or, to the knowledge of Borrower or its SubsidiariesBorrowers, any ERISA Affiliate with respect to such request, and (iii) promptly, and in any event within three 3 Business Days after receipt by Borrower or its Borrowers, any of their Subsidiaries or, to the knowledge of the notice Borrowers, any ERISA Affiliate, of the PBGC’s 's intention to terminate a Benefit Plan or to have a trustee appointed to administer a Benefit Plan, copies of each such notice.

Appears in 2 contracts

Samples: Loan and Security Agreement (Fao Inc), Loan and Security Agreement (Right Start Inc /Ca)

Deliver to Agent. (i) promptly, and in any event within 10 Business Days after Borrower or any of its Subsidiaries know knows or have has reason to know that an ERISA Event has occurred that reasonably could be expected to result in a Material Adverse Change, a written statement of the chief financial officer of Borrower or such Subsidiary describing such ERISA Event and any action that is being taking with respect thereto by Borrower Borrower, any such Subsidiary or its Subsidiaries or their ERISA AffiliatesAffiliate, and any action taken or threatened by the IRS, Department of Labor, or PBGC; PBGC and Borrower and its Subsidiaries or such Subsidiary, as applicable, shall be deemed to know all facts known by the administrator of any Benefit Plan of which it is the plan sponsor, (ii) promptly, and in any event within three 3 Business Days after the filing thereof with the IRS, a copy of each funding waiver request filed with respect to any Benefit Plan and all communications received by Borrower or Borrower, any of its Subsidiaries or, to the knowledge of Borrower or its SubsidiariesBorrower, any ERISA Affiliate with respect to such request, and (iii) promptly, and in any event within three 3 Business Days after receipt by Borrower or Borrower, any of its Subsidiaries or, to the knowledge of the notice Borrower, any ERISA Affiliate, of the PBGC’s 's intention to terminate a Benefit Plan or to have a trustee appointed to administer a Benefit Plan, copies of each such notice.

Appears in 1 contract

Samples: Loan and Security Agreement (Right Start Inc /Ca)

Deliver to Agent. (i) promptly, and in any event within 10 Business Days after such Borrower or any of its Subsidiaries know knows or have has reason to know that an ERISA Event has occurred that reasonably could be expected to result in a Material Adverse Change, a written statement of the chief financial officer of such Borrower or such Subsidiary describing such ERISA Event and any action that is being taking with respect thereto by Borrower Borrower, any such Subsidiary or its Subsidiaries or their ERISA AffiliatesAffiliate, and any action taken or threatened by the IRS, Department of Labor, or PBGC; . Such Borrower and its Subsidiaries or such Subsidiary, as applicable, shall be deemed to know all facts known by the administrator of any Benefit Plan of which it is the plan sponsor, (ii) promptly, and in any event within three Business Days after the filing thereof with the IRS, a copy of each funding waiver request filed with respect to any Benefit Plan and all communications received by Borrower or such Borrower, any of its Subsidiaries or, to the knowledge of Borrower or its Subsidiariessuch Borrower, any ERISA Affiliate with respect to such request, and (iii) promptly, and in any event within three Business Days after receipt by Borrower or such Borrower, any of its Subsidiaries or, to the knowledge of the notice such Borrower, any ERISA Affiliate, of the PBGC’s intention to terminate a Benefit Plan or to have a trustee appointed to administer a Benefit Plan, copies of each such notice.

Appears in 1 contract

Samples: Loan and Security Agreement (Leslies Poolmart Inc)

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Deliver to Agent. (i) promptly, and in any event within 10 Business Days after Borrower or its Subsidiaries know or have reason to know that an ERISA Event has occurred that reasonably could be expected to result in a Material Adverse Change, a written statement of the chief financial officer of Borrower or such Subsidiary describing such ERISA Event and any action that is being taking with respect thereto by Borrower or its Subsidiaries or their ERISA Affiliates, and any action taken or threatened by the IRS, Department of Labor, or PBGC; Borrower and its Subsidiaries shall be deemed to know all facts known by the administrator of any Benefit Plan of which it is the plan sponsor, (ii) promptly, and in any event within three Business Days after the filing thereof with the IRS, a copy of each funding waiver request filed with respect to any Benefit Plan and all communications received by Borrower or its Subsidiaries or, to the knowledge of Borrower or its Subsidiaries, any ERISA Affiliate with respect to such request, and (iii) promptly, and in any event within three Business Days after receipt by Borrower or its Subsidiaries of the notice of the PBGC’s 's intention to terminate a Benefit Plan or to have a trustee appointed to administer a Benefit Plan, copies of each such notice.

Appears in 1 contract

Samples: Registration Rights Agreement (Bakers Footwear Group Inc)

Deliver to Agent. (i) promptlyPromptly, and in any event within 10 Business Days after Borrower or any of its Subsidiaries know knows or have has reason to know that an ERISA Event has occurred that reasonably could be expected to result in a Material Adverse Change, a written statement of the chief financial officer of Borrower or such Subsidiary describing such ERISA Event and any action that is being taking with respect thereto by Borrower Borrower, any such Subsidiary or its Subsidiaries or their ERISA AffiliatesAffiliate, and any action taken or threatened by the IRS, Department of Labor, or PBGC; . Borrower and its Subsidiaries or such Subsidiary, as applicable, shall be deemed to know all facts known by the administrator of any Benefit Plan of which it is the plan sponsor, (ii) promptly, and in any event within three Business Days after the filing thereof with the IRS, a copy of each funding waiver request filed with respect to any Benefit Plan and all communications received by Borrower or Borrower, any of its Subsidiaries or, to the knowledge of Borrower or its SubsidiariesBorrower, any ERISA Affiliate with respect to such request, and (iii) promptly, and in any event within three 3 Business Days after receipt by Borrower or Borrower, any of its Subsidiaries or, to the knowledge of the notice Borrower, any ERISA Affiliate, of the PBGC’s 's intention to terminate a Benefit Plan or to have a trustee appointed to administer a Benefit Plan, copies of each such notice.

Appears in 1 contract

Samples: Loan and Security Agreement (Todays Man Inc)

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