ERISA and Labor Matters. (a) No ERISA Events have occurred or are reasonably expected to occur that could, in the aggregate, reasonably be expected to result in a Material Adverse Effect.
ERISA and Labor Matters. (a) Except as could not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect: (i) each Loan Party and each of their respective ERISA Affiliates is in compliance with the applicable provisions of ERISA and the provisions of the Code relating to ERISA Plans and the regulations and published interpretations thereunder; (ii) no ERISA Event has occurred or is reasonably expected to occur; and (iii) all amounts required by applicable law with respect to, or by the terms of, any retiree welfare benefit arrangement maintained by any Loan Party or any ERISA Affiliate or to which any Loan Party or any ERISA Affiliate has an obligation to contribute have been accrued in accordance with Accounting Standards Codification Topic 715-60. The present value of all accumulated benefit obligations under each Pension Plan (based on the assumptions used for purposes of Financial Accounting Standards Codification Topic 715-30) did not, as of the date of the most recent financial statements reflecting such amounts, exceed by more than a material amount the fair market value of the assets of such Pension Plan allocable to such accrued benefits, and the present value of all accumulated benefit obligations of all underfunded Pension Plans (based on the assumptions used for purposes of Financial Accounting Standards Codification topic 715-30) did not, as of the date of the most recent financial statements reflecting such amounts, exceed by more than a material amount the fair market value of the assets of all such underfunded Pension Plans.
ERISA and Labor Matters. (a) No ERISA Events have occurred or are reasonably expected to occur that could, in the aggregate, reasonably be expected to result in a Material Adverse Effect; all amounts required by applicable law with respect to, or by the terms of, any retiree welfare benefit arrangement maintained by the Borrower or any ERISA Affiliate or to which the Borrower or any ERISA Affiliate has an obligation to contribute have been accrued in accordance with ASC Topic 715-60; the present value of all accumulated benefit obligations under each Plan, did not, as of the close of its most recent plan year, exceed by more than an immaterial amount the fair market value of the assets of such Plan allocable to such accrued benefits, and the present value of all accumulated benefit obligations of all underfunded Plans did not, as of the date of the most recent financial statements reflecting such amounts, exceed by more than an immaterial amount the fair market value of the assets of all such underfunded Plans.
ERISA and Labor Matters. Neither Seller has initiated any ERISA Plans, nor is either Seller party to any collective bargaining agreements. The transfer of the Purchased Assets does not obligate Buyer to employ any of Sellers' employees or require Buyer's assumption of any liabilities, obligations or costs incurred as a result of, in connection with, arising under or related to Sellers' employment of any employee.
ERISA and Labor Matters. (a) The Company has provided Buyer with a list identifying each "employee benefit plan", as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), which (i) is or was during the six year period ending on the date hereof subject to any provision of ERISA, (ii) is or was during the six year period ending on the date hereof maintained, administered or contributed to by the Company or any affiliate (as defined below) of the Company and (iii) covers or has covered during such six year period any employee or former employee of the Company or any Subsidiary. Copies of such plans (and, if applicable, related trust agreements) and all amendments thereto and written interpretations thereof have been made available to Buyer together with (A) the most recent annual report (Form 5500 including, if applicable, Schedule B thereto) prepared in connection with any such plan and (B) the most recent actuarial valuation report, if any, prepared in connection with any such plan. Such plans are referred to collectively herein as the "Employee Plans". For purposes of this Section, "affiliate" of any Person means any other Person which, together with such Person, would be treated as a single employer under Section 414 of the Code.
ERISA and Labor Matters. (a) Section 3.15(a) of the Company Disclosure Schedule contains a list identifying each "EMPLOYEE BENEFIT PLAN", as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974 ("ERISA"), which is subject to any provision of ERISA and is maintained, administered or contributed to by the Company or any ERISA Affiliate of the Company and covers any employee or former employee of the Company or any Subsidiary of the Company or in connection with which the Company or any Subsidiary of the Company has any liability. Copies of such plans (and, if applicable, related trust agreements) and all amendments thereto and written interpretations thereof, if any, have been furnished to Buyer together with the three most recent annual reports (Form 5500 including, if applicable, Schedule B thereto) prepared in connection with, and any favorable determination letter issued in connection with, any such plan. Such plans are referred to collectively herein as the "EMPLOYEE PLANS". For purposes of this Section, "ERISA AFFILIATE" of the Company means any other Person which, together with the Company, would be treated as a single employer under Section 414 of the Code. The only Employee Plans which individually or collectively would constitute an "EMPLOYEE PENSION BENEFIT PLAN" as defined in Section 3(2) of ERISA (the "PENSION PLANS") are identified as such in the list referred to above.
ERISA and Labor Matters. 30 3.17 Investment Company Act; Other Regulations.............................................30 3.18
ERISA and Labor Matters. (a) Section 3.15(a) of the Company Disclosure Schedule contains a list identifying each "employee benefit plan", as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974 ("ERISA"), which is subject to any provision of ERISA and is maintained, administered or contributed to by the Company or any Affiliate of the Company and covers any employee or former employee of the Company or any Subsidiary of the Company or under which the Company or any Subsidiary of the Company has any liability. Copies of such plans (and, if applicable, related trust agreements) and all amendments thereto and written interpretations thereof have been furnished to Buyer together with the three most recent annual reports (Form 5500 including, if applicable, Schedule B thereto) prepared in connection with any such plan and the most recent actuarial valuation report prepared in connection with any such plan. Such plans are referred to collectively herein as the "Employee Plans". For purposes of this Section, "ERISA Affiliate" of the Company means any other Person which, together with the Company, would be treated as a single employer under Section 414 of the Code. The only Employee Plans which individually or collectively would constitute an "employee pension benefit plan" as defined in Section 3(2) of ERISA (the "Pension Plans") are identified as such in the list referred to above.
ERISA and Labor Matters. The Credit Parties shall have provided to the Agent and the Lenders all documentation with respect to any Reportable Event and, other than the matters disclosed on Schedule 4.06, any other material labor-related matter involving any Credit Party or any ERISA Affiliate.
ERISA and Labor Matters. The Loan Parties shall notify the Agent of the following: (A) as soon as possible and in any event (1) within 10 days after any Loan Party or any Member of the Controlled Group thereof knows or has reason to know that any "reportable event" as defined under Section 4043(c) of ERISA or under equivalent Canadian Employee Benefits Legislation with respect to any Plan has occurred or (2) within 10 days after any Loan Party or any Member of the Controlled Group thereof knows or has reason to know that an accumulated funding deficiency has been incurred or an application has been made to the Secretary of the Treasury or equivalent Canadian Governmental Authority for a waiver or modification of the minimum funding standard (including installment payments) or an extension of any amortization period under Section 412 of the IRC or under equivalent Canadian Employee Benefits Legislation with respect to a Plan, (B) promptly and in any event within 3 days after receipt thereof by any Loan Party or any Member of the Controlled Group thereof from the PBGC or equivalent Canadian Governmental Authority, copies of each notice received by any Loan Party or any Member of the Controlled Group thereof of the PBGC's or equivalent Canadian Governmental Authority's intention to terminate any Plan or to have a trustee appointed to administer any Plan, (C) promptly and in any event within 10 days after any Loan Party or any Member of the Controlled Group thereof knows or has reason to know that a required installment within the meaning of Section 412 of the Internal Revenue Code or under equivalent Canadian Employee Benefits Legislation has not been made when due with respect to a Plan, (D) promptly and in any event within 3 days after receipt thereof by any Loan Party or any Member of the Controlled Group thereof from a sponsor of a Multiemployer Plan or from the PBGC or equivalent Canadian Governmental Authority, a copy of each notice received by any Loan Party or any Member of the Controlled Group thereof concerning the imposition or amount of withdrawal liability under Section 4202 of ERISA or under equivalent Canadian Employee Benefits Legislation or indicating that such Multiemployer Plan may enter reorganization status under Section 4241 of ERISA or under equivalent Canadian Employee Benefits Legislation, and (E) promptly and in any event within 10 days after any Loan Party or any Member of the Controlled Group thereof sends notice of a plant closing or mass layoff (as defin...
