Common use of Pension and Welfare Plans Clause in Contracts

Pension and Welfare Plans. During the twelve-consecutive-month period prior to the Closing Date and prior to the date of any Credit Event hereunder, except as could not reasonably be expected have a Material Adverse Effect, (a) no steps have been taken to terminate any Pension Plan, (b) no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA, (c) no condition exists or event or transaction has occurred with respect to any Pension Plan which might result in the incurrence by the Borrower or any member of the Controlled Group of any liability, fine or penalty and (d) except as disclosed in Schedule III, neither the Borrower nor any member of the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the twelve-consecutive-month period prior to the Closing Date date of the execution and delivery of this Agreement and prior to the date of any Credit Event Borrowing hereunder, except as could not reasonably be expected have a Material Adverse Effect, (a) no steps have been taken to terminate any Pension Plan, (b) and no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien securing an amount in excess of $1,000,000 under Section section 302(f) of ERISA, (c) no . No condition exists or event or transaction has occurred with respect to any Pension Plan which might result in the incurrence by the Borrower or any member of the Controlled Group of any liability, fine or penalty and (d) except which could reasonably be expected to result in a Material Adverse Effect. Except as disclosed in Schedule IIIItem 6.10 (“Employee Benefit Plans”) of the Disclosure Schedule, neither the Borrower nor any member of the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the twelve-consecutive-month period prior to the Closing Date date of the execution and delivery of this Agreement and prior to the date of any Credit Event hereunderAmendment Effective Date, except as could not reasonably be expected have a Material Adverse Effect, (a) no steps have been taken to terminate any Pension PlanPlan (other than pursuant to a "standard termination" in accordance with section 4041(B) of ERISA), (b) and no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien under Section section 302(f) of ERISA, (c) no . No condition exists or event or transaction has occurred with respect to any Pension Plan which might could reasonably be expected to result in the incurrence by the Borrower Holdings or any member of the Controlled Group of any material liability, fine or penalty and (d) except penalty. Except as disclosed in Schedule IIIItem 6.11 ("Employee Benefit Plans") of the Disclosure Schedule, neither the Borrower Holdings nor any member of the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the twelve-consecutive-month period prior to the Closing Date date of the execution and delivery of this Agreement and prior to the date of any Credit Event Borrowing hereunder, except as could not reasonably be expected have a Material Adverse Effect, (a) no steps have been taken to terminate any Pension Plan, (b) and no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA, (c) no in either case which would reasonably be expected to cause a Material Adverse Effect. No condition exists or event or transaction has occurred with respect to any Pension Plan which might result in the incurrence by the Borrower or any member of the Controlled Group of any liability, fine or penalty and (d) except as disclosed in Schedule IIIwhich would reasonably be expected to cause a Material Adverse Effect. As of the Effective Date, neither the Borrower nor any member of the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the twelve-consecutive-month period prior to the Closing Date and prior to the date of any Credit Event hereunderDate, except as could not reasonably be expected have a Material Adverse Effect, (a) no steps have been taken to terminate any Pension Plan, (b) no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA, (c) no condition exists or event or transaction has occurred with respect to any Pension Plan which might result in the incurrence by the Borrower or any member of the Controlled Group of any liability, fine or penalty and (d) except as disclosed in Schedule III, neither the Borrower nor any member of the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the twelve-consecutive-consecutive month period prior to the Closing Date date of the execution and delivery of this Agreement and prior to the date of any Credit Event Loan hereunder, except as could not reasonably be expected have a Material Adverse Effect, (a) no steps have been taken to terminate any Pension Planpension plan, (b) and no contribution failure has occurred with respect to any Pension Plan pension plan sufficient to give rise to a Lien lien under Section section 302(f) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA, (c) no "). No condition exists or event or transaction has occurred with respect to any Pension Plan pension plan which might result in the incurrence by the Borrower or any member of the Controlled Group a controlled group of any material liability, fine or penalty and (d) except penalty. Except as disclosed in Schedule IIISCHEDULE 8.12, neither the Borrower nor any member of the Controlled Group controlled group has any contingent liability with respect to any post-retirement benefit under a Welfare Planwelfare plan, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the twelve-consecutive-consecutive month period prior to the Closing Date date of the execution and delivery of this Agreement and prior to the date of any Credit Event Advance hereunder, except as could not reasonably be expected have a Material Adverse Effect, (a) no steps have been taken to terminate any Pension Planpension plan, (b) and no contribution failure has occurred with respect to any Pension Plan pension plan sufficient to give rise to a Lien under Section section 302(f) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA, (c) no "). No condition exists or event or transaction has occurred with respect to any Pension Plan pension plan which might result in the incurrence by the Borrower or any member of the Controlled Group a controlled group of any material liability, fine or penalty and (d) except penalty. Except as disclosed in Schedule III5.15 ("Employee Benefit Plans"), neither the Borrower nor any member of the Controlled Group controlled group has any contingent liability with respect to any post-retirement benefit under a Welfare Planwelfare plan, other than liability for continuation coverage described in Part 6 of Title I of ERISA.