Common use of Employee Plans Clause in Contracts

Employee Plans. Except where occurrence or existence could not reasonably be expected to result in a Material Adverse Event, (a) no Employee Plan has incurred an “accumulated funding deficiency” (as defined in Section 302 of ERISA or Section 412 of the Code), (b) no Company has incurred liability under ERISA to the PBGC in connection with any Employee Plan (other than required insurance premiums, all of which have been paid), (c) no Company has withdrawn in whole or in part from participation in a Multi-employer Plan, (d) no Company has engaged in any “prohibited transaction” (as defined in Section 406 of ERISA or Section 4975 of the Code), and (e) no “reportable event” (as defined in Section 4043 of ERISA) has occurred, excluding events for which the notice requirement is waived under applicable PBGC regulations.

Employee Plans. Except where occurrence or existence could is not reasonably be expected to result in a Material Adverse Event, (a) no Employee Plan has incurred an “accumulated funding deficiency” (as defined in Section section 302 of ERISA or Section section 412 of the Code), ; (b) no Company has incurred liability under ERISA to the PBGC in connection with any Employee Plan (other than required insurance premiums, all of which have been paid), ; (c) no Company has withdrawn in whole or in part from participation in a Multi-employer Multiemployer Plan, ; (d) no Company has engaged in any “prohibited transaction” (as defined in Section section 406 of ERISA or Section section 4975 of the Code), ; and (e) no “reportable event” (as defined in Section 4043 of ERISA) Reportable Event has occurred, excluding events for which the notice requirement is waived under applicable PBGC regulations.

Employee Plans. Except where occurrence or existence could not reasonably be expected to result in a Material Adverse Event, (a) no Employee Plan has incurred an “"accumulated funding deficiency” " (as defined in Section 302 of ERISA or Section 412 of the Code), (b) no Company has incurred liability under ERISA to the PBGC in connection with any Employee Plan (other than required insurance premiums, all of which have been paid), (c) no Company has withdrawn in whole or in part from participation in a Multi-employer Multiemployer Plan, (d) no Company has engaged in any “"prohibited transaction” " (as defined in Section 406 of ERISA or Section 4975 of the Code), and (e) no “"reportable event” " (as defined in Section 4043 of ERISA) has occurred, excluding events for which the notice requirement is waived under applicable PBGC regulations.

Employee Plans. Except where occurrence or existence could is not reasonably be expected to result in a -------------- Material Adverse Event, (a) no Employee Plan has incurred an “"accumulated funding deficiency” " (as defined in Section section 302 of ERISA or Section section 412 of the Code), (b) no Company has incurred liability under ERISA to the PBGC in connection with any Employee Plan (other than required insurance premiums, all of which have been paid), (c) no Company has withdrawn in whole or in part from participation in a Multi-employer Multiemployer Plan, (d) no Company has engaged in any “"prohibited transaction” " (as defined in Section section 406 of ERISA or Section section 4975 of the Code), and (e) no “"reportable event” " (as defined in Section section 4043 of ERISA) has occurredoccurred with respect to an Employee Plan, excluding events for which the notice requirement is waived under applicable PBGC regulations.

Employee Plans. Except where occurrence or existence could not reasonably be expected to result in a Material Adverse Event, (a) no Employee Plan has incurred an “"accumulated funding deficiency” " (as defined in Section 302 of ERISA or Section 412 of the Code), (b) no Company has incurred liability under ERISA to the PBGC in connection with any Employee Plan (other than required insurance premiums, all of which have been paid), (c) no Company has withdrawn in whole or in part from participation in a Multi-employer Plan, (d) no Company has engaged in any “"prohibited transaction” " (as defined in Section 406 of ERISA or Section 4975 of the Code), and (e) no “"reportable event” " (as defined in Section 4043 of ERISA) has occurred, excluding events for which the notice requirement is waived under applicable PBGC regulations.

Employee Plans. Except where occurrence or existence could is not reasonably be expected to result in a Material -------------- Material-Adverse Event, (a) no Employee Plan has incurred an “"accumulated funding deficiency” " (as defined in Section (S) 302 of ERISA or Section (S) 412 of the CodeIRC), (b) no Company has incurred liability under ERISA to the PBGC in connection with any Employee Plan (other than required insurance premiums, all of which have been paid)Plan, (c) no Company has withdrawn in whole or in part from participation in a Multi-employer Multiemployer Plan, (d) no Company has engaged in any “"prohibited transaction” " (as defined in Section (S) 406 of ERISA or Section (S) 4975 of the CodeIRC), and (e) no “"reportable event” " (as defined in Section (S) 4043 of ERISA) has occurredoccurred in respect of any Employee Plan, excluding events for which the notice requirement is waived under applicable PBGC regulations.

Employee Plans. Except where occurrence or existence could is not reasonably be expected to result in a Material Material-Adverse Event, (a) no Employee Plan has incurred an “accumulated funding deficiency” "ACCUMULATED FUNDING DEFICIENCY" (as defined in Section SECTION 302 of ERISA or Section SECTION 412 of the CodeIRC), (b) no Company has incurred liability under ERISA to the PBGC in connection with any Employee Plan (other than required insurance premiums, all of which have been paid)Plan, (c) no Company has withdrawn in whole or in part from participation in a Multi-employer Multiemployer Plan, (d) no Company has engaged in any “prohibited transaction” "PROHIBITED TRANSACTION" (as defined in Section SECTION 406 of ERISA or Section SECTION 4975 of the CodeIRC), and (e) no “reportable event” "REPORTABLE EVENT" (as defined in Section SECTION 4043 of ERISA) has occurredoccurred in respect of any Employee Plan, excluding events for which the notice requirement is waived under applicable PBGC regulations.

Employee Plans. Except where occurrence or existence could not reasonably be expected to result in a Material Adverse Event, to the best of each Borrower’s knowledge, (a) no Employee Plan plan has incurred an “accumulated funding deficiency” (as defined in Section 302 of ERISA or Section 412 of the Code), (b) no Company has incurred liability under ERISA to the PBGC in connection with any Employee Plan (other than required insurance premiums, all of which have been paid), (c) no Company has withdrawn in whole or in part from participation in a Multi-employer Plan, (d) no Company has engaged in any “prohibited transaction” (as defined in Section 406 of ERISA or Section 4975 of the Code), and (e) no “reportable event” (as defined in Section 4043 of ERISA) has occurred, excluding events for which the notice requirement is waived under applicable PBGC regulations.

Employee Plans. Except where occurrence or existence could not reasonably be expected to result in a Material Adverse Event, to the best of each Borrower’s knowledge, (a) no Employee Plan has incurred an “accumulated funding deficiency” (as defined in Section 302 of ERISA or Section 412 of the Code), (b) no Company has incurred liability under ERISA to the PBGC in connection with any Employee Plan (other than required insurance premiums, all of which have been paid), (c) no Company has withdrawn in whole or in part from participation in a Multi-employer Plan, (d) no Company has engaged in any “prohibited transaction” (as defined in Section 406 of ERISA or Section 4975 of the Code), and (e) no “reportable event” (as defined in Section 4043 of ERISA) has occurred, excluding events for which the notice requirement is waived under applicable PBGC regulations.

Employee Plans. Except where occurrence or existence could not reasonably be expected to result in a Material Adverse Event, to the best of each Borrower's knowledge, (a) no Employee Plan has incurred an “"accumulated funding deficiency” " (as defined in Section 302 of ERISA or Section 412 of the Code), (b) no Company has incurred liability under ERISA to the PBGC in connection with any Employee Plan (other than required insurance premiums, all of which have been paid), (c) no Company has withdrawn in whole or in part from participation in a Multi-employer Plan, (d) no Company has engaged in any “"prohibited transaction” " (as defined in Section 406 of ERISA or Section 4975 of the Code), and (e) no “"reportable event” " (as defined in Section 4043 of ERISA) has occurred, excluding events for which the notice requirement is waived under applicable PBGC regulations.

Employee Plans. Except where occurrence or existence could not reasonably be expected to result in a Material Adverse Event, (a) no Employee Plan has incurred an “"accumulated funding deficiency” " (as defined in Section 302 of ERISA or Section 412 of the Code), (b) no Company has incurred liability under ERISA to the PBGC in connection with any Employee Plan (other than required insurance premiums, all of which have been paid), (c) no Company has withdrawn in whole or in part from participation in a Multi-employer Plan, (d) no Company has engaged in any “"prohibited transaction” " (as defined in Section 406 of ERISA or Section 4975 of the Code), and (e) no “"reportable event” " (as defined in Section 4043 of ERISA) has occurred, excluding events for which the notice requirement is waived under applicable PBGC regulations.. CREDIT AGREEMENT

Employee Plans. Except where occurrence or existence could not reasonably be expected to result in a Material Adverse Event, (a) no Employee Plan has incurred an “"accumulated funding deficiency” " (as defined in Section 302 of ERISA or Section 412 of the Code), (b) no Company has incurred liability under ERISA to the PBGC in connection with any Employee Plan (other than required insurance premiums, all of which have been paid), (c) no Company has withdrawn in whole or in part from participation in a Multi-employer Plan, (d) no Company has engaged in any “"prohibited transaction” " (as defined in Section 406 of ERISA or Section 4975 of the Code), and (e) no “"reportable event” " (as defined in Section 4043 of ERISA) has occurred, excluding events for which the notice requirement is waived under applicable PBGC regulations.

Employee Plans. Except where occurrence or existence could is not reasonably be expected to result in a Material Material-Adverse Event, (a) no Employee Plan has incurred an “"accumulated funding deficiency” " (as defined in Section (Section) 302 of ERISA or Section (Section) 412 of the CodeIRC), (b) no Company has incurred liability under ERISA to the PBGC in connection with any Employee Plan (other than required insurance premiums, all of which have been paid)Plan, (c) no Company has withdrawn in whole or in part from participation in a Multi-employer Multiemployer Plan, (d) no Company has engaged in any “"prohibited transaction” " (as defined in Section (Section) 406 of ERISA or Section (Section) 4975 of the CodeIRC), and (e) no “"reportable event” " (as defined in Section (Section) 4043 of ERISA) has occurredoccurred in respect of any Employee Plan, excluding events for which the notice requirement is waived under applicable PBGC regulations.

Employee Plans. Except where occurrence or existence could is not reasonably be expected to result in a Material Material-Adverse Event, (a) no Employee Plan has incurred an “"accumulated funding deficiency” " (as defined in Section 302 of ERISA or Section 412 of the CodeIRC), (b) no Company has incurred liability under ERISA to the PBGC in connection with any Employee Plan (other than required insurance premiums, all of which have been paid)Plan, (c) no Company has withdrawn in whole or in part from participation in a Multi-employer Multiemployer Plan, (d) no Company has engaged in any “"prohibited transaction” " (as defined in Section 406 of ERISA or Section 4975 of the CodeIRC), and (e) no “"reportable event” " (as defined in Section 4043 of ERISA) has occurredoccurred in respect of any Employee Plan, excluding events for which the notice requirement is waived under applicable PBGC regulations.

Employee Plans. Except where occurrence or existence could is not reasonably be expected to result in a -------------- Material Adverse Event, (a) no Employee Plan has incurred an “"accumulated funding deficiency” " (as defined in Section section 302 of ERISA or Section section 412 of the Code), (b) no Company Borrower has not incurred liability under ERISA to the PBGC in connection with any Employee Plan (other than required insurance premiums, all of which have been paid), (c) no Company Borrower has not withdrawn in whole or in part from participation in a Multi-employer Multiemployer Plan, (d) no Company Borrower has not engaged in any “"prohibited transaction” " (as defined in Section section 406 of ERISA or Section section 4975 of the Code), and (e) no “"reportable event” " (as defined in Section section 4043 of ERISA) has occurredoccurred with respect to an Employee Plan, excluding events for which the notice requirement is waived under applicable PBGC regulations.

Employee Plans. Except where occurrence or existence could is not reasonably be expected to result in a Material Adverse Event, (a) no Employee Plan has incurred an “accumulated funding deficiency” "ACCUMULATED FUNDING DEFICIENCY" (as defined in Section section 302 of ERISA or Section section 412 of the Code), (b) no Company has incurred liability under ERISA to the PBGC in connection with any Employee Plan (other than OTHER THAN required insurance premiums, all of which have been paid), (c) no Company has withdrawn in whole or in part from participation in a Multi-employer Multiemployer Plan, (d) no Company has engaged in any “prohibited transaction” "PROHIBITED TRANSACTION" (as defined in Section section 406 of ERISA or Section section 4975 of the Code), and (e) no “reportable event” "REPORTABLE EVENT" (as defined in Section AS DEFINED IN SECTION 4043 of ERISA) has occurred, excluding events for which the notice requirement is waived under applicable PBGC regulations.

Employee Plans. Except where occurrence or existence could not reasonably be expected to result in a Material Adverse Event, (a) no Employee Plan has incurred an “accumulated funding deficiency” (as defined in Section 302 of ERISA or Section 412 of the Code), (b) no Company has incurred liability under ERISA to the PBGC in connection with any Employee Plan (other than required insurance premiums, all of which have been paid), (c) no Company has withdrawn in whole or in part from participation in a Multi-employer Plan, (d) no Company has engaged in any “prohibited transaction” (as defined in Section 406 of ERISA or Section 4975 of the Code), and (e) no “"reportable event” (as defined in Section 4043 of ERISA) has occurred, excluding events for which the notice requirement is waived under applicable PBGC regulations.

Employee Plans. Except where occurrence or existence could is not reasonably be expected to result in a Material Adverse Event, (a) no Employee Plan has incurred an “"accumulated funding deficiency” " (as defined in Section 302 ss.302 of ERISA or Section 412 ss.412 of the Code), (b) no KPP Company or Restricted Subsidiary has incurred liability under ERISA to the PBGC in connection with any Employee Plan (other than required insurance premiums, all of which have been paid)Plan, (c) no KPP Company or Restricted Subsidiary has withdrawn in whole or in part from participation in a Multi-employer Multiemployer Plan, (d) no KPP Company or Restricted Subsidiary has engaged in any “"prohibited transaction” " (as defined in Section 406 ss.406 of ERISA or Section 4975 ss.4975 of the Code), and (e) no “"reportable event” " (as defined in Section 4043 ss.4043 of ERISA) has occurred, excluding events for which the notice requirement is waived under applicable PBGC regulations.

Employee Plans. Except where occurrence or existence could not reasonably be expected to result in a Material Adverse Event, to the best of each Borrower's knowledge, (a) no Employee Plan has incurred an “accumulated funding deficiency” "ACCUMULATED FUNDING DEFICIENCY" (as defined in Section SECTION 302 of ERISA or Section SECTION 412 of the Code), (b) no Company has incurred liability under ERISA to the PBGC in connection with any Employee Plan (other than required insurance premiums, all of which have been paid), (c) no Company has withdrawn in whole or in part from participation in a Multi-employer Plan, (d) no Company has engaged in any “prohibited transaction” "PROHIBITED 38 TRANSACTION" (as defined in Section SECTION 406 of ERISA or Section SECTION 4975 of the Code), and (e) no “reportable event” "REPORTABLE EVENT" (as defined in Section SECTION 4043 of ERISA) has occurred, excluding events for which the notice requirement is waived under applicable PBGC regulations.

Employee Plans. Except where occurrence or existence could is not reasonably be expected to result in a Material -------------- Material-Adverse Event, (a) no Employee Plan has incurred an “"accumulated funding deficiency” " (as defined in Section 302 (S)302 of ERISA or Section 412 (S)412 of the CodeIRC), (b) no Company has incurred liability under ERISA to the PBGC in connection with any Employee Plan (other than required insurance premiums, all of which have been paid)Plan, (c) no Company has withdrawn in whole or in part from participation in a Multi-employer Multiemployer Plan, (d) no Company has engaged in any “"prohibited transaction” " (as defined in Section 406 (S)406 of ERISA or Section 4975 (S)4975 of the CodeIRC), and (e) no “"reportable event” " (as defined in Section 4043 (S)4043 of ERISA) has occurredoccurred in respect of any Employee Plan, excluding events for which the notice requirement is waived under applicable PBGC regulations.

Employee Plans. Except where occurrence or existence could is not reasonably be expected to result in a Material Material-Adverse Event, (a) no Employee Plan has incurred an “"accumulated funding deficiency” " (as defined in Section (S) 302 of ERISA or Section (S) 412 of the CodeIRC), (b) no Company has incurred liability under ERISA to the PBGC in connection with any Employee Plan (other than required insurance premiums, all of which have been paid)Plan, (c) no Company has withdrawn in whole or in part from participation in a Multi-employer Multiemployer Plan, (d) no Company has engaged in any “"prohibited transaction” " (as defined in Section (S) 406 of ERISA or Section (S) 4975 of the CodeIRC), and (e) no “"reportable event” " (as defined in Section (S) 4043 of ERISA) has occurredoccurred in respect of any Employee Plan, excluding events for which the notice requirement is waived under applicable PBGC regulations.

Employee Plans. Except where occurrence or existence could is not reasonably be expected to result in a Material Adverse Event, (a) no Employee Plan has incurred an “"accumulated funding deficiency” " (as defined in Section section 302 of ERISA or Section section 412 of the Code), (b) no Company has incurred liability under ERISA to the PBGC in connection with any Employee Plan (other than required insurance premiums, all of which have been paid), (c) no Company has withdrawn in whole or in part from participation in a Multi-employer Multiemployer Plan, (d) no Company has engaged in any “"prohibited transaction” " (as defined in Section section 406 of ERISA or Section section 4975 of the Code), and (e) no “"reportable event” " (as defined in Section section 4043 of ERISA) has occurred, excluding events for which the notice requirement is waived under applicable PBGC regulations.

Employee Plans. Except where occurrence or existence could is not reasonably be expected to result in a Material Material-Adverse Event, (a) no Employee Plan has incurred an “"accumulated funding deficiency” " (as defined in Section 302 of ERISA or Section ss. 412 of the CodeIRC), (b) no Company has incurred liability under ERISA to the PBGC in connection with any Employee Plan (other than required insurance premiums, all of which have been paid)Plan, (c) no Company has withdrawn in whole or in part from participation in a Multi-employer Multiemployer Plan, (d) no Company has engaged in any “"prohibited transaction” " (as defined in Section 406 of ERISA or Section 4975 of the CodeIRC), and (e) no “"reportable event” " (as defined in Section 4043 of ERISA) has occurredoccurred in respect of any Employee Plan, excluding events for which the notice requirement is waived under applicable PBGC regulations.

Employee Plans. Except where occurrence or existence could is -------------- not reasonably be expected to result in a Material Adverse Event, (a) no Employee Plan has incurred an “"accumulated funding deficiency” " (as defined in Section section 302 of ERISA or Section section 412 of the Code), (b) no Company has incurred liability under ERISA to the PBGC in connection with any Employee Plan (other than required insurance premiums, all of which have been timely paid), (c) no Company has withdrawn in whole or in part from participation in a Multi-employer Multiemployer Plan, (d) no Company has engaged in any “"prohibited transaction” " (as defined in Section section 406 of ERISA or Section section 4975 of the Code), and (e) no “"reportable event” " (as defined in Section section 4043 of ERISA) has occurred, excluding events for which the 30-day notice requirement is waived under applicable PBGC regulations.