ERISA Information and Compliance. Except with respect to matters described in clauses (a), (c) and (d) below which would not reasonably be expected to have a Material Adverse Effect, the Borrower shall promptly furnish to Administrative Agent: (a) immediately upon receipt, a copy of any notice of complete or partial withdrawal liability under ERISA and any notice from the PBGC under ERISA of an intent to terminate or appoint a trustee to administer any Plan, (b) if requested by the Administrative Agent, promptly after the filing thereof with the United States Secretary of Labor or the PBGC or the Internal Revenue Service, copies of each annual and other report with respect to each Plan or any trust created thereunder, (c) immediately upon becoming aware of the occurrence of any Reportable Event, or of any "prohibited transaction", as such term is defined in Section 4975 of the Code, in connection with any Plan or any trust created thereunder, a written notice signed by a Responsible Officer of the Borrower or the applicable ERISA Affiliate specifying the nature thereof, what action the Borrower or the applicable ERISA Affiliate is taking or proposes to take with respect thereto, and, when known, any action taken by the PBGC, the Internal Revenue Service, the Department of Labor or any other applicable Governmental Authority with respect thereto, (d) promptly after the filing or receiving thereof by the Borrower or any ERISA Affiliate, any notice of the institution of any proceedings or other actions which may result in the termination of any Plan, and (e) each request for waiver of the funding standards or extension of the amortization periods required by ERISA or Section 412 of the Code promptly after the request is submitted by the Borrower or any ERISA Affiliate to the Secretary of the Treasury, the Department of Labor, the Internal Revenue Service or any other applicable Governmental Authority. The Borrower covenants that it shall and shall cause each ERISA Affiliate to comply, with respect to each Plan and Multiemployer Plan, with all applicable provisions of ERISA and the Code, except to the extent that any failure to comply would not reasonably be expected to have a Material Adverse Effect.
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ERISA Information and Compliance. Except with respect to matters described in clauses (a), (c) and (d) below which would not reasonably be expected to have a Material Adverse Effect, the Borrower shall promptly Promptly furnish to Administrative AgentAgents: (ai) immediately upon receipt, a copy of any notice of complete or partial withdrawal liability under ERISA and any notice from the PBGC under ERISA of an intent to terminate or appoint a trustee to administer any Plan, (bii) if requested by the Administrative any Agent, promptly after the filing thereof with the United States Secretary of Labor or the PBGC or the Internal Revenue ServiceService or any Governmental Authority having jurisdiction under Applicable Canadian Pension Legislation, copies of each annual and other report with respect to each Plan or any trust created thereunder, (ciii) immediately upon becoming aware of the occurrence of any Reportable Event"reportable event," as such term is used under ERISA for which the disclosure requirements have not been waived, or of any "prohibited transaction", ," as such term is defined in Section 4975 of the Code, in connection with any Plan or any trust created thereunder, a written notice signed by a Responsible Officer the President or the principal financial officer of the applicable Borrower or the applicable ERISA Affiliate member of the Controlled Group specifying the nature thereof, what action the applicable Borrower or the applicable ERISA Affiliate member of the Controlled Group is taking or proposes to take with respect thereto, and, when known, any action taken by the PBGC, the Internal Revenue Service, the Department of Labor or any other applicable Governmental Authority with respect thereto, (div) promptly after the filing or receiving thereof by the any Borrower or any ERISA Affiliate, member of the Controlled Group of any notice of the institution of any proceedings or other actions which may result in the termination of any Plan, and (ev) each request for waiver of the funding standards or extension of the amortization periods required by ERISA or Section 412 of the Code promptly after the request is submitted by the Borrower or any ERISA Affiliate to the Secretary of the Treasury, the Department of Labor, the Internal Revenue Service or any other applicable Governmental Authority. The Borrower covenants that it shall and shall cause each ERISA Affiliate to comply, with respect to each Plan and Multiemployer Plan, with all applicable provisions of ERISA and the Code, except to the extent that any failure to comply would not reasonably be expected to have a Material Adverse Effect.is
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ERISA Information and Compliance. Except with respect to matters described in clauses (a), (c) and (d) below which would not reasonably be expected to have a Material Adverse Effect, the Borrower WIL shall promptly furnish to Administrative Agent: (a) immediately upon receipt, a copy of any notice of complete or partial withdrawal liability under ERISA and any notice from the PBGC under ERISA of an intent to terminate or appoint a trustee to administer any Plan, (b) if requested by the Administrative Agent, promptly after the filing thereof with the United States Secretary of Labor or the PBGC or the Internal Revenue Service, copies of each annual and other report with respect to each Plan or any trust created thereunder, (c) immediately upon becoming aware of the occurrence of any Reportable Event, or of any "“prohibited transaction"”, as such term is defined in Section 4975 of the Code, in connection with any Plan or any trust created thereunder, a written notice signed by a Responsible Officer of the Borrower WIL or the applicable ERISA Affiliate specifying the nature thereof, what action the Borrower WIL or the applicable ERISA Affiliate is taking or proposes to take with respect thereto, and, when known, any action taken by the PBGC, the Internal Revenue Service, the Department of Labor or any other applicable Governmental Authority with respect thereto, (d) promptly after the filing or receiving thereof by the Borrower WIL or any ERISA Affiliate, any notice of the institution of any proceedings or other actions which may result in the termination of any Plan, and (e) each request for waiver of the funding standards or extension of the amortization periods required by ERISA or Section 412 of the Code promptly after the request is submitted by the Borrower WIL or any ERISA Affiliate to the Secretary of the Treasury, the Department of Labor, the Internal Revenue Service or any other applicable Governmental Authority. The Borrower WIL covenants that it shall and shall cause each ERISA Affiliate to comply, with respect to each Plan and Multiemployer Plan, with all applicable provisions of ERISA and the Code, except to the extent that any failure to comply would not reasonably be expected to have a Material Adverse Effect.
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ERISA Information and Compliance. Except with respect to matters described in clauses (a), (c) and (d) below which would not reasonably be expected to have a Material Adverse Effect, the Borrower shall promptly Promptly furnish to Administrative Agent: Agent (ai) immediately upon receipt, a copy of any notice of complete or partial withdrawal liability under Title IV of ERISA and any notice from the PBGC under Title IV of ERISA of an intent to terminate or appoint a trustee to administer any Plan, (bii) if requested by the Administrative Agent, promptly after the filing thereof with the United States Secretary of Labor or the PBGC or the Internal Revenue Service, copies of each annual and other report with respect to each Plan or any trust created thereunder, (ciii) immediately upon becoming aware of the occurrence of any Reportable Event"reportable event," as such term is defined in Section 4043 of ERISA, for which the disclosure requirements of Regulation Section 2615.3 promulgated by the PBGC have not been waived, or of any "prohibited transaction", ," as such term is defined in Section 4975 of the Code, in connection with any Plan or any trust created thereunder, a written notice signed by a Responsible Officer the President or the principal financial officer of the Borrower or the applicable ERISA Affiliate member of the Controlled Group specifying the nature thereof, what action the Borrower or the applicable ERISA Affiliate member of the Controlled Group is taking or proposes to take with respect thereto, and, when known, any action taken by the PBGC, the Internal Revenue Service, Service or the Department of Labor or any other applicable Governmental Authority with respect thereto, (div) promptly after the filing or receiving thereof by the Borrower or any ERISA Affiliate, member of the Controlled Group of any notice of the institution of any proceedings or other actions which may result in the termination of any Plan, and (ev) each request for waiver of the funding standards or extension of the amortization periods required by Sections 303 and 304 of ERISA or Section 412 of the Code promptly after the request is submitted by the Borrower or any ERISA Affiliate member of the Controlled Group to the Secretary of the Treasury, the Department of Labor, Labor or the Internal Revenue Service Service, as the case may be. To the extent required under applicable statutory funding requirements, Borrower will fund, or will cause the applicable member of the Controlled Group to fund, all current service pension liabilities as they are incurred under the provisions of all Plans from time to time in effect, and comply with all applicable provisions of ERISA, in each case, except to the extent that failure to do the same would not reasonably be expected to have a material adverse effect on the business, condition (financial or otherwise), operations or Properties of any other applicable Governmental AuthorityObligor. The Borrower covenants that it shall and shall cause each ERISA Affiliate member of the Controlled Group to comply, with respect (I) make contributions to each Plan in a timely manner and Multiemployer Plan, in an amount sufficient to comply with the contribution obligations under such Plan and the minimum funding standards requirements of ERISA; (2) prepare and file in a timely manner all applicable provisions notices and reports required under the terms of ERISA including but not limited to annual reports; and the Code(3) pay in a timely manner all required PBGC premiums, in each case, except to the extent that any failure to comply do the same would not reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the business, condition (financial or otherwise), operations or Properties of any Obligor.
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ERISA Information and Compliance. Except with respect to matters described in clauses (a), (c) and (d) below which would not reasonably be expected to have a Material Adverse Effect, the Borrower shall promptly Promptly furnish to Administrative Agent: Agent (ai) immediately upon receipt, a copy of any notice of complete or partial withdrawal liability under Title IV of ERISA and any notice from the PBGC under Title IV of ERISA of an intent to terminate or appoint a trustee to administer any Plan, (bii) if requested by the Administrative Agent, promptly after the filing thereof with the United States Secretary of Labor or the PBGC or the Internal Revenue Service, copies of each annual and other report with respect to each Plan or any trust created thereunder, (ciii) immediately upon becoming aware of the occurrence of any Reportable Event"reportable event," as such term is defined in Section 4043 of ERISA, for which the disclosure requirements of Regulation Section 2615.3 promulgated by the PBGC have not been waived, or of any "prohibited transaction", ," as such term is defined in Section 4975 of the Code, in connection with any Plan or any trust created thereunder, a written notice signed by a Responsible Officer the President or the principal financial officer of the Borrower or the applicable ERISA Affiliate member of the Controlled Group specifying the nature thereof, what action the Borrower or the applicable ERISA Affiliate member of the Controlled Group is taking or proposes to take with respect thereto, and, when known, any action taken by the PBGC, the Internal Revenue Service, Service or the Department of Labor or any other applicable Governmental Authority with respect thereto, (div) promptly after the filing or receiving thereof by the Borrower or any ERISA Affiliate, member of the Controlled Group of any notice of the institution of any proceedings or other actions which may result in the termination of any Plan, and (ev) each request for waiver of the funding standards or extension of the amortization periods required by Sections 303 and 304 of ERISA or Section 412 of the Code promptly after the request is submitted by the Borrower or any ERISA Affiliate member of the Controlled Group to the Secretary of the Treasury, the Department of Labor, Labor or the Internal Revenue Service Service, as the case may be. To the extent required under applicable statutory funding requirements, Borrower will fund, or will cause the applicable member of the Controlled Group to fund, all current service pension liabilities as they are incurred under the provisions of all Plans from time to time in effect, and comply with all applicable provisions of ERISA, in each case, except to the extent that failure to do the same would not reasonably be expected to have a material adverse effect on the business, condition (financial or otherwise), operations or Properties of any other applicable Governmental AuthorityObligor. The Borrower covenants that it shall and shall cause each ERISA Affiliate member of the Controlled Group to comply, with respect (1) make contributions to each Plan in a timely manner and Multiemployer Plan, in an amount sufficient to comply with the contribution obligations under such Plan and the minimum funding standards requirements of ERISA; (2) prepare and file in a timely manner all applicable provisions notices and reports required under the terms of ERISA including but not limited to annual reports; and the Code(3) pay in a timely manner all required PBGC premiums, in each case, except to the extent that any failure to comply do the same would not reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the business, condition (financial or otherwise), operations or Properties of any Obligor.
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Samples: Loan Agreement (Carrols Corp)
ERISA Information and Compliance. Except with respect to matters described in clauses (a), (c) and (d) below which would not reasonably be expected to have a Material Adverse Effect, the Borrower shall promptly Promptly furnish to Administrative Agent: Agent (a) immediately upon receipt, a copy of any notice of complete or partial withdrawal liability under Title IV of ERISA and any notice from the PBGC under Title IV of ERISA of an intent to terminate or appoint a trustee to administer any Plan, (b) if requested by the Administrative Agent, promptly after the filing thereof with the United States Secretary of Labor or the PBGC or the Internal Revenue Service, copies of each annual and other report with respect to each Plan or any trust created thereunderthereunder filed with the United States Secretary of Labor or the PBGC or the Internal Revenue Service, (c) immediately upon becoming aware of the occurrence of any Reportable Event“reportable event,” as such term is defined in Section 4043 of ERISA, for which the disclosure requirements of Regulation Section 2615.3 promulgated by the PBGC have not been waived, or of any "non-exempt “prohibited transaction", ,” as such term is defined in Section 4975 of the Code, in connection with any Plan or any trust created thereunder, a written notice signed by a Responsible Officer the President or the principal financial officer of the Borrower or the applicable ERISA Affiliate member of the Controlled Group specifying the nature thereof, what action the Borrower or the applicable ERISA Affiliate member of the Controlled Group is taking or proposes to take with respect thereto, and, when known, any action taken by the PBGC, the Internal Revenue Service, Service or the Department of Labor or any other applicable Governmental Authority with respect thereto, (d) promptly after the filing or receiving thereof by the Borrower or any ERISA Affiliate, member of the Controlled Group of any notice of the institution of any proceedings or other actions which may result in the termination of any Plan, and (e) each request for waiver of the funding standards or extension of the amortization periods required by Sections 303 and 304 of ERISA or Section 412 of the Code promptly after the request is submitted by the Borrower or any ERISA Affiliate member of the Controlled Group to the Secretary of the Treasury, the Department of Labor, Labor or the Internal Revenue Service Service, as the case may be. To the extent required under applicable statutory funding requirements, Borrower will fund, or will cause the applicable member of the Controlled Group to fund, all current service pension liabilities as they are incurred under the provisions of all Plans from time to time in effect, and comply with all applicable provisions of ERISA, in each case, except to the extent that failure to do the same could not reasonably be expected to have a material adverse effect on the business, condition (financial or otherwise), operations or Properties of any other applicable Governmental AuthorityObligor. The Borrower covenants that it shall and shall cause each ERISA Affiliate member of the Controlled Group to comply, (1) make contributions to each Plan in a timely manner and in an amount sufficient to comply with the contribution obligations under such Plan and the minimum funding standards requirements of ERISA; (2) prepare and file in a timely manner all notices and reports required to be filed by Borrower with respect to each Plan under the terms of ERISA including but not limited to annual reports; and Multiemployer (3) pay in a timely manner all PBGC premiums required to be paid by Borrower or any member of the Controlled Group with respect to each Plan, with all applicable provisions of ERISA and the Codein each case, except to the extent that any failure to comply would do the same could not reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the business, condition (financial or otherwise), operations or Properties of any Obligor.
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ERISA Information and Compliance. Except with respect to matters described in clauses (a), (c) and (d) below which would not reasonably be expected to have a Material Adverse Effect, the Borrower shall The Company will promptly furnish to Administrative Agent: Agent (ai) immediately upon receipt, a copy of any notice of complete or partial withdrawal liability under Title IV of ERISA and any notice from the PBGC under Title IV of ERISA of an intent to terminate or appoint a trustee to administer any Plan, (bii) if requested by the Administrative Agent, acting on the instruction of the Majority Banks, promptly after the filing thereof with the United States Secretary of Labor or the PBGC or the Internal Revenue Service, copies of each annual and other report with respect to each Plan or any trust created thereunder, (c) immediately iii)immediately upon becoming aware of the occurrence of any Reportable Event"reportable event", as such term is defined in Section 4043 of ERISA, for which the disclosure requirements of Regulation Section2615.3 promulgated by the PBGC have not been waived, or of any "prohibited transaction", as such term is defined in Section 4975 of the Code, in connection with any Plan or any trust created thereunder, a written notice signed by a Responsible Officer the President or the principal financial officer of the Borrower Company or the applicable ERISA Affiliate specifying the nature thereof, what action the Borrower Company or the applicable ERISA Affiliate is taking or proposes to take with respect thereto, and, when known, any action taken by the PBGC, the Internal Revenue Service, Service or the Department of Labor or any other applicable Governmental Authority with respect thereto, (div) promptly after the filing or receiving thereof by the Borrower Company or any ERISA Affiliate, Affiliate of any notice of the institution of any proceedings or other actions which may result in the termination of any Plan, and (ev) each request for waiver of the funding standards or extension of the amortization periods required by Sections 303 and 304 of ERISA or Section 412 of the Code promptly after the request is submitted by the Borrower Company or any ERISA Affiliate to the Secretary of the Treasury, the Department of Labor, Labor or the Internal Revenue Service Service, as the case may be. To the extent required under applicable statutory funding requirements, the Company will fund, or will cause each ERISA Affiliate to fund, all current service pension liabilities as they are incurred under the provisions of all Plans from time to time in effect, and comply with all applicable provisions of ERISA, except to the extent that any other applicable Governmental Authoritysuch failure to comply could not reasonably be expected to have a Material Adverse Effect. The Borrower Company covenants that it shall and shall cause each ERISA Affiliate to comply, with respect (1) make contributions to each Plan in a timely manner and Multiemployer Plan, in an amount sufficient to comply with the contribution obligations under such Plan and the minimum funding standards requirements of ERISA; (2) prepare and file in a timely manner all applicable provisions notices and reports required under the terms of ERISA including but not limited to annual reports; and the Code(3) pay in a timely manner all required PBGC premiums, except in each case, to the extent that any failure to comply do so would not reasonably be expected to have a Material Adverse Effect.
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