Common use of ERISA Information and Compliance Clause in Contracts

ERISA Information and Compliance. Furnish to Agent (i) within five (5) days after receipt, a copy of any notice of complete or partial withdrawal liability under Title IV of ERISA which would reasonably be expected to have a Material Adverse Effect and any notice from the PBGC under Title IV of ERISA of an intent to terminate or appoint a trustee to administer any Plan which would reasonably be expected to have a Material Adverse Effect, (ii) if requested by 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, (iii) within five (5) days after becoming aware of the occurrence of any “reportable event,” as such term is defined in Section 4043 of ERISA which would reasonably be expected to have a Material Adverse Effect, for which the disclosure requirements of Regulation Section 4043 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 which would reasonably be expected to have a Material Adverse Effect, a written notice signed by a Responsible Officer of Borrower or the applicable member of the Controlled Group specifying the nature thereof, what action Borrower or the applicable 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 or the Department of Labor with respect thereto, (iv) within five (5) days after the filing or receiving thereof by Borrower or any 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 which would reasonably be expected to have a Material Adverse Effect, and (v) 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 within five (5) days after the request is submitted by Borrower or any member of the Controlled Group to the Secretary of the Treasury, the Department of Labor or the Internal Revenue 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. Except to the extent that failure to do the same would not reasonably be expected to have a Material Adverse Effect, Borrower covenants that it shall and shall cause each member of the Controlled Group to (1) make contributions to each Plan in accordance with the time limits imposed by ERISA 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 accordance with the time limits imposed by ERISA all notices and reports required under the terms of ERISA including but not limited to annual reports; and (3) pay in accordance with the time limits imposed by ERISA all required PBGC premiums.

Appears in 1 contract

Samples: Loan Agreement (HCC Insurance Holdings Inc/De/)

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ERISA Information and Compliance. Furnish Promptly furnish to Agent (i) within five (5) days after immediately upon receipt, a copy of any notice of complete or partial withdrawal liability under Title IV of ERISA which would reasonably be expected to have a Material Adverse Effect and any notice from the PBGC under Title IV of ERISA of an intent to terminate or appoint a trustee to administer any Plan which would reasonably be expected to have a Material Adverse EffectPlan, (ii) if requested by 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, (iii) within five (5) days after immediately upon becoming aware of the occurrence of any “reportable event,” as such term is defined in Section 4043 of ERISA which would reasonably be expected to have a Material Adverse EffectERISA, for which the disclosure requirements of Regulation Section 4043 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 which would reasonably be expected to have a Material Adverse Effectthereunder, a written notice signed by a Responsible Officer the President or the principal financial officer of Borrower or the applicable member of the Controlled Group specifying the nature thereof, what action Borrower or the applicable 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 or the Department of Labor with respect thereto, (iv) within five (5) days promptly after the filing or receiving thereof by Borrower or any 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 which would reasonably be expected to have a Material Adverse EffectPlan, and (v) 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 within five (5) days promptly after the request is submitted by Borrower or any member of the Controlled Group to the Secretary of the Treasury, the Department of Labor or the Internal Revenue 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 Effectmaterial adverse effect on the business, condition (financial or otherwise), operations or Properties of any Obligor. Except to the extent that failure to do the same would not reasonably be expected to have a Material Adverse Effect, Borrower covenants that it shall and shall cause each member of the Controlled Group to (1) make contributions to each Plan in accordance with the time limits imposed by ERISA 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 accordance with the time limits imposed by ERISA a timely manner all notices and reports required under the terms of ERISA including but not limited to annual reports; and (3) pay in accordance with the time limits imposed by ERISA a timely manner all required PBGC premiums, 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 Obligor.

Appears in 1 contract

Samples: Loan Agreement (Carrols Corp)

ERISA Information and Compliance. Furnish EEX will promptly furnish and will cause the Subsidiaries and any ERISA Affiliate to promptly furnish to the Placement Agent (i) within five (5) days after receipt, a copy of any notice of complete or partial withdrawal liability under Title IV of ERISA which would reasonably be expected to have a Material Adverse Effect and any notice from the PBGC under Title IV of ERISA of an intent to terminate or appoint a trustee to administer any Plan which would reasonably be expected to have a Material Adverse Effect, (ii) if requested by 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, (iii) within five (5) days after immediately upon becoming aware of the occurrence of any “reportable event,” as such term is defined ERISA Event which could result in Section 4043 a liability of EEX, any Subsidiary or any ERISA which would reasonably be expected to have Affiliate having a Material Adverse Effect, for which Effect (individually or in the disclosure requirements of Regulation Section 4043 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 aggregate with any Plan or any trust created thereunder which would reasonably be expected respect to have a Material Adverse Effectall ERISA Events), a written notice signed by a Responsible Officer of Borrower the President or the applicable member principal financial officer of EEX, the Controlled Group Subsidiary or the ERISA Affiliate, as the case may be, specifying the nature thereof, what action Borrower EEX, the Subsidiary or the applicable member of the Controlled Group ERISA Affiliate is taking or proposes to take with respect thereto, and, when known, any action taken or proposed by the PBGC, the Internal Revenue Service or the Department of Labor with respect thereto, (iv) within five (5) days after the filing or receiving thereof by Borrower or any 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 which would reasonably be expected to have a Material Adverse Effect, and (v) 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 within five (5) days after the request is submitted by Borrower or any member of the Controlled Group to the Secretary of the TreasuryService, the Department of Labor or the Internal Revenue ServicePBGC with respect thereto, (ii) promptly after request by the Placement Agent, a true and correct copy of each actuarial report for any Plan and each annual report for any Multiemployer Plan, (iii) immediately upon receipt of a notice from a Multiemployer Plan regarding the imposition of Withdrawal Liability having a Material Adverse Effect, a true and complete copy of such notice, (iv) immediately upon becoming aware that a Multiemployer Plan has been terminated, that the administrator or plan sponsor of a Multiemployer Plan intends to terminate a Multiemployer Plan, or that the PBGC has instituted or intends to institute proceedings under section 4042 of ERISA to terminate a Multiemployer Plan which occurrence would have a Material Adverse Effect, a written notice signed by the President or the principal financial officer of EEX, the Subsidiary or the ERISA Affiliate, as the case may be. To , specifying the extent required under applicable statutory funding requirementsnature of such occurrence and any other information relating thereto requested by the Placement Agent, Borrower will fundand (v) immediately upon receipt thereof, or will cause the applicable member copies of any notice of the Controlled Group PBGC's intention to fund, all current service pension liabilities as they are incurred under the provisions of all Plans from time terminate or to time in effect, and comply with all applicable provisions of ERISA, in each case, except have a trustee appointed to the extent that failure to do the same administer any Benefit Plan which occurrence would not reasonably be expected to have a Material Adverse Effect. Except to the extent that failure to do the same would not reasonably be expected to have a Material Adverse Effect, Borrower covenants that it shall and shall cause each member of the Controlled Group to (1) make contributions to each Plan in accordance with the time limits imposed by ERISA 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 accordance with the time limits imposed by ERISA all notices and reports required under the terms of ERISA including but not limited to annual reports; and (3) pay in accordance with the time limits imposed by ERISA all required PBGC premiums.

Appears in 1 contract

Samples: Guaranty Agreement (Enserch Exploration Inc /Tx/)

ERISA Information and Compliance. Furnish Promptly and will cause any ERISA Affiliate to Agent furnish (i) within five (5) days after receipt, a copy of any notice of complete or partial withdrawal liability under Title IV of ERISA which would reasonably be expected to have a Material Adverse Effect and any notice from the PBGC under Title IV of ERISA of an intent to terminate or appoint a trustee to administer any Plan which would reasonably be expected to have a Material Adverse Effect, (ii) if requested by Agent, promptly after the filing thereof with the United States Secretary of Labor or the PBGC or Labor, the Internal Revenue ServiceService or the PBGC, copies of each annual and other report with respect to each Benefit Plan or any trust created thereunder, (iiiii) within five (5) days after immediately upon becoming aware of the occurrence of any “reportable event,” as such term is defined in Section 4043 of ERISA which would reasonably be expected to have a Material Adverse Effect, for which the disclosure requirements of Regulation Section 4043 promulgated by the PBGC have not been waived, Event or of any "prohibited transaction," as such term is defined described in Section section 406 of ERISA or in section 4975 of the Code, in connection with any Plan or any trust created thereunder which would reasonably be expected to have a Material Adverse Effectthereunder, a written notice signed by a Responsible Officer of Borrower the President or the applicable member principal financial officer of the Controlled Group Company or the ERISA Affiliate, as the case may be, specifying the nature thereof, what action Borrower the Company or the applicable member of the Controlled Group ERISA Affiliate is taking or proposes to take with respect thereto, and, 50 when known, any action taken or proposed by the PBGC, the Internal Revenue Service or the Department of Labor with respect thereto, (iv) within five (5) days after the filing or receiving thereof by Borrower or any 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 which would reasonably be expected to have a Material Adverse Effect, and (v) 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 within five (5) days after the request is submitted by Borrower or any member of the Controlled Group to the Secretary of the TreasuryService, the Department of Labor or the Internal Revenue ServicePBGC with respect thereto, (iii) promptly after receipt of each actuarial report for any Plan and each annual report for any Multiemployer Plan, true and complete copies of each such report, (iv) immediately upon receipt of a notice from a Multiemployer Plan regarding the imposition of withdrawal liability, a true and complete copy of such notice, (v) immediately upon becoming aware that a Multiemployer Plan has been terminated, that the administrator or plan sponsor of a Multiemployer Plan intends to terminate a Multiemployer Plan, or that the PBGC has instituted or intends to institute proceedings under section 4042 of ERISA to terminate a Multiemployer Plan, a written notice signed by the President or the principal financial officer of the Company or the ERISA Affiliate, as the case may be. To , specifying the extent required under applicable statutory funding requirementsnature of such occurrence and any other information relating thereto requested by the Agent, Borrower will fundand (vi) immediately upon receipt thereof, or will cause the applicable member copies of any notice of the Controlled Group PBGC's intention 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 terminate or to have a Material Adverse Effecttrustee appointed to administer any Benefit Plan. Except With respect to each Benefit Plan, the Company will, and will cause each ERISA Affiliate to, (i) satisfy in full and in a timely manner, without incurring any late payment or underpayment charge or penalty (excluding any interest charge for a quarterly payment) and without giving rise to any lien, all of the contribution and funding requirements of section 412 of the Code (determined without regard to subsections (d), (e), (f) and (k) thereof) and of section 302 of ERISA (determined without regard to sections 303, 304 and 306 of ERISA), and (ii) pay, or cause to be paid, to the extent that failure PBGC in a timely manner, without incurring any late payment or underpayment charge or penalty (excluding any interest change for a quarterly payment), all premiums required pursuant to do the same would not reasonably be expected to have a Material Adverse Effect, Borrower covenants that it shall sections 4006 and shall cause each member of the Controlled Group to (1) make contributions to each Plan in accordance with the time limits imposed by ERISA and in an amount sufficient to comply with the contribution obligations under such Plan and the minimum funding standards requirements 4007 of ERISA; (2) prepare and file in accordance with the time limits imposed by ERISA all notices and reports required under the terms of ERISA including but not limited to annual reports; and (3) pay in accordance with the time limits imposed by ERISA all required PBGC premiums.

Appears in 1 contract

Samples: Credit Agreement (Puretec Corp)

ERISA Information and Compliance. Furnish The Company will promptly furnish to Administrative Agent (i) within five (5) days after immediately upon receipt, a copy of any notice of complete or partial withdrawal liability under Title IV of ERISA which would reasonably be expected to have a Material Adverse Effect and any notice from the PBGC under Title IV of ERISA of an intent to terminate or appoint a trustee to administer any Plan which would reasonably be expected to have a Material Adverse EffectPlan, (ii) if requested by 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, (iii) within five (5) days after immediately upon becoming aware of the occurrence of any "reportable event,” ", as such term is defined in Section 4043 of ERISA which would reasonably be expected to have a Material Adverse EffectERISA, for which the disclosure requirements of Regulation Section 4043 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 which would reasonably be expected to have a Material Adverse Effectthereunder, a written notice signed by a Responsible Officer the President or the principal financial officer of Borrower the Company or the applicable member of the Controlled Group ERISA Affiliate specifying the nature thereof, what action Borrower the Company or the applicable member of the Controlled Group ERISA Affiliate is taking or proposes to take with respect thereto, and, when known, any action taken by the PBGC, the Internal Revenue Service or the Department of Labor with respect thereto, (iv) within five (5) days promptly after the filing or receiving thereof by Borrower the Company or any member of the Controlled Group ERISA Affiliate of any notice of the institution of any proceedings or other actions which may result in the termination of any Plan which would reasonably be expected to have a Material Adverse EffectPlan, and (v) 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 within five (5) days promptly after the request is submitted by Borrower the Company or any member of the Controlled Group ERISA Affiliate to the Secretary of the Treasury, the Department of Labor or the Internal Revenue Service, as the case may be. To the extent required under applicable statutory funding requirements, Borrower the Company will fund, or will cause the applicable member of the Controlled Group 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, in each case, except to the extent that any such failure to do the same would comply could not reasonably be expected to have a Material Adverse Effect. Except to the extent that failure to do the same would not reasonably be expected to have a Material Adverse Effect, Borrower The Company covenants that it shall and shall cause each member of the Controlled Group ERISA Affiliate to (1) make contributions to each (48) Plan in accordance with the time limits imposed by ERISA 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 accordance with the time limits imposed by ERISA a timely manner all notices and reports required under the terms of ERISA including but not limited to annual reports; and (3) pay in accordance with the time limits imposed by ERISA a timely manner all required PBGC premiums, in each case, to the extent failure to do so would have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Seagull Energy Corp)

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ERISA Information and Compliance. Furnish The Borrower will promptly furnish and will cause the Subsidiaries and any ERISA Affiliate to promptly furnish to the Agent with sufficient copies to the Lenders (i) within five (5) days after receipt, a copy of any notice of complete or partial withdrawal liability under Title IV of ERISA which would reasonably be expected to have a Material Adverse Effect and any notice from the PBGC under Title IV of ERISA of an intent to terminate or appoint a trustee to administer any Plan which would reasonably be expected to have a Material Adverse Effect, (ii) if requested by Agent, promptly after the filing thereof with the United States Secretary of Labor or the PBGC or Labor, the Internal Revenue ServiceService or the PBGC, copies of each annual and other report with respect to each Plan that is subject to Title IV of ERISA (other than a Multiemployer Plan) and has unfunded vested benefits as reflected on such report or any trust created thereunder, (iiiii) within five (5) days after immediately upon becoming aware of the occurrence of any “reportable event,” as such term is defined in Section 4043 of ERISA which would reasonably be expected to have a Material Adverse Effect, for which the disclosure requirements of Regulation Section 4043 promulgated by the PBGC have not been waived, Event or of any "prohibited transaction," as such term is defined described in Section section 406 of ERISA or in section 4975 of the Code, in connection with any Plan or any trust created thereunder which would reasonably be expected to have a Material Adverse Effectthereunder, a written notice signed by a Responsible Officer of Borrower or the applicable member of the Controlled Group specifying the nature thereof, what action Borrower the Borrower, the Subsidiary or the applicable member of the Controlled Group ERISA Affiliate is taking or proposes to take with respect thereto, and, when known, any action taken or proposed by the PBGC, the Internal Revenue Service or the Department of Labor with respect thereto, (iv) within five (5) days after the filing or receiving thereof by Borrower or any 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 which would reasonably be expected to have a Material Adverse Effect, and (v) 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 within five (5) days after the request is submitted by Borrower or any member of the Controlled Group to the Secretary of the TreasuryService, the Department of Labor or the Internal Revenue ServicePBGC with respect thereto, as the case may be. To the extent required under applicable statutory funding requirementsand (iii) immediately upon receipt thereof, Borrower will fund, or will cause the applicable member copies of any notice of the Controlled Group PBGC's intention 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 terminate or to have a Material Adverse Effecttrustee appointed to administer any Plan. Except With respect to the extent that failure to do the same each Plan (other than a Multiemployer Plan) but except for failures which would not reasonably be expected to have result in a Material Adverse Effect, the Borrower covenants that it shall will, and shall will cause each member Subsidiary and ERISA Affiliate to, (i) satisfy in full and in a timely manner, without incurring any late payment or underpayment charge or penalty and without giving rise to any lien, all of the Controlled Group to (1) make contributions to each Plan in accordance with the time limits imposed by ERISA contribution and in an amount sufficient to comply with the contribution obligations under such Plan and the minimum funding standards requirements of ERISA; section 412 of the Code (2determined without regard to subsections (d), (e), (f) prepare and file in accordance with the time limits imposed by ERISA all notices (k) thereof) and reports required under the terms of section 302 of ERISA including but not limited (determined without regard to annual reports; sections 303, 304 and 306 of ERISA), and (3ii) pay pay, or cause to be paid, to the PBGC in accordance with the time limits imposed by ERISA a timely manner, without incurring any late payment or underpayment charge or penalty, all premiums required PBGC premiumspursuant to sections 4006 and 4007 of ERISA.

Appears in 1 contract

Samples: Credit Agreement (Pentacon Inc)

ERISA Information and Compliance. Furnish The Company will promptly furnish and will cause the Subsidiaries and any ERISA Affiliate to promptly furnish to the Administrative Agent (i) within five (5) days after receipt, a copy of any notice of complete or partial withdrawal liability under Title IV of ERISA which would reasonably be expected to have a Material Adverse Effect and any notice from the PBGC under Title IV of ERISA of an intent to terminate or appoint a trustee to administer any Plan which would reasonably be expected to have a Material Adverse Effect, (ii) if requested by 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, (iii) within five (5) days after immediately upon becoming aware of the occurrence of any “reportable event,” as such term is defined ERISA Event which could result in Section 4043 a liability of the Company, any Subsidiary or any ERISA which would reasonably be expected to have Affiliate having a Material Adverse Effect, for which Effect (individually or in the disclosure requirements of Regulation Section 4043 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 aggregate with any Plan or any trust created thereunder which would reasonably be expected respect to have a Material Adverse Effectall ERISA Events), a written notice signed by a Responsible Officer of Borrower the President or the applicable member principal financial officer of the Controlled Group Company, the Subsidiary or the ERISA Affiliate, as the case may be, 43 specifying the nature thereof, what action Borrower the Company, the Subsidiary or the applicable member of the Controlled Group ERISA Affiliate is taking or proposes to take with respect thereto, and, when known, any action taken or proposed by the PBGC, the Internal Revenue Service or the Department of Labor with respect thereto, (iv) within five (5) days after the filing or receiving thereof by Borrower or any 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 which would reasonably be expected to have a Material Adverse Effect, and (v) 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 within five (5) days after the request is submitted by Borrower or any member of the Controlled Group to the Secretary of the TreasuryService, the Department of Labor or the Internal Revenue ServicePBGC with respect thereto, (ii) promptly after request by the Administrative Agent, a true and correct copy of each actuarial report for any Plan and each annual report for any Multiemployer Plan, (iii) immediately upon receipt of a notice from a Multiemployer Plan regarding the imposition of Withdrawal Liability having a Material Adverse Effect, a true and complete copy of such notice, (iv) immediately upon becoming aware that a Multiemployer Plan has been terminated, that the administrator or plan sponsor of a Multiemployer Plan intends to terminate a Multiemployer Plan, or that the PBGC has instituted or intends to institute proceedings under section 4042 of ERISA to terminate a Multiemployer Plan which occurrence would have a Material Adverse Effect, a written notice signed by the President or the principal financial officer of the Company, the Subsidiary or the ERISA Affiliate, as the case may be. To , specifying the extent required under applicable statutory funding requirementsnature of such occurrence and any other information relating thereto requested by the Administrative Agent, Borrower will fundand (v) immediately upon receipt thereof, or will cause the applicable member copies of any notice of the Controlled Group PBGC's intention to fund, all current service pension liabilities as they are incurred under the provisions of all Plans from time terminate or to time in effect, and comply with all applicable provisions of ERISA, in each case, except have a trustee appointed to the extent that failure to do the same administer any Benefit Plan which occurrence would not reasonably be expected to have a Material Adverse Effect. Except to the extent that failure to do the same would not reasonably be expected to have a Material Adverse Effect, Borrower covenants that it shall and shall cause each member of the Controlled Group to (1) make contributions to each Plan in accordance with the time limits imposed by ERISA 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 accordance with the time limits imposed by ERISA all notices and reports required under the terms of ERISA including but not limited to annual reports; and (3) pay in accordance with the time limits imposed by ERISA all required PBGC premiums.Section 8.07

Appears in 1 contract

Samples: Credit Agreement (Enserch Exploration Inc /Tx/)

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