Common use of Pension Benefit Guaranty Corporation Clause in Contracts

Pension Benefit Guaranty Corporation. Sellers and certain of its Affiliates shall have obtained a definitive, enforceable and executed settlement agreement with the PBGC (“PBGC Agreement”) that is acceptable to Sellers, and with respect to the Purchaser, acceptable as to the release provisions only, as hereinafter provided with respect to the PBGC Obligations and the sale and/or disposition of the Purchased Assets pursuant to this Agreement on or before July 16, 2013. The PBGC Agreement must fully, unconditionally and completely release any claims and/or liens of the PBGC against the Purchaser and the Purchased Assets, which release provided in the PBGC Agreement must be acceptable to Purchaser. Upon and after Closing, Sellers shall not use or disburse any of the proceeds of the sale of the Purchased Assets in contravention of the terms of the PBGC Agreement.

Pension Benefit Guaranty Corporation. Sellers and certain of its Affiliates shall have obtained a definitive, enforceable and executed settlement agreement with the PBGC (“PBGC Agreement”) that is acceptable to Sellers, and with respect to the Purchaser, acceptable as to the release provisions only, as hereinafter provided provided, with respect to the PBGC Obligations and the sale and/or disposition of the Purchased Assets pursuant to this Agreement on or before July 16, 2013. The PBGC Agreement must fully, unconditionally and completely release any claims and/or liens of the PBGC against the Purchaser and the Purchased Assets, which release provided in the PBGC Agreement must be acceptable to Purchaser. Upon and after Closing, Sellers shall not use or disburse any of the proceeds of the sale of the Purchased Assets in contravention of the terms of the PBGC Agreement.