Pension Reform Act. No events, including without limitation, any “reportable event” or “prohibited transactions,” as those terms are defined in the Employee Retirement Income Security Act of 1974 as the same may be amended from time to time (“ERISA”), have occurred in connection with any type of plan, arrangement, association or fund covered by ERISA in which any personnel of Borrower or an Affiliate which is under common control with Borrower (within the meaning of applicable provisions of the IRC) participate (“Benefit Plans”). The Benefit Plans are otherwise in compliance with all applicable provisions of ERISA and the IRC and meet the minimum funding standards of ERISA and the IRC.
Pension Reform Act. The Company will not permit (a) the funding requirements under ERISA with respect to any employee benefit plan established or maintained by the Company or any subsidiary to be less than the minimum required by ERISA or the regulations thereunder, or (b) any employee benefit plan established or maintained by the Company to be subject to involuntary termination proceedings.
Pension Reform Act. EFFECTIVE JANUARY 1, 2013: The parties agree that the provisions of AB 340 (The California Pension Reform Act of 2013) will go into effect on January 1, 2013 and all parties intend the language of the MOU to be consistent with legislative and CalPERS retirement rules and any language inconsistent with that Act is void. If there is any other clean up or other retirement legislation, which goes into effect during this MOU, and if there are provisions of that legislation which automatically goes into effect, it shall do so without impairing the parties’ MOU. Either party may request to negotiate over the impact of such subsequent legislation.
Pension Reform Act. In the event the ERISA may be applicable to any Defined Benefit Pension Plan of the Borrower (or the General Partner), no fact exists, including but not limited to, any Reportable Event or Prohibited Transaction which might constitute grounds for the termination of any such Defined Benefit Pension Plan by the Pension Benefit Guaranty Corporation or for the appointment by the appropriate United States district court of a trustee to administer any such Defined Benefit Pension Plan.
Pension Reform Act. At any time while URC or any of its Subsidiaries has a Pension Plan, permit any accumulated funding deficiency to occur with respect to any Pension Plan or other employee benefit plans established or maintained by URC or any such Subsidiary or to which contributions are made by URC or any such Subsidiary (the "Plans"), and which are subject to the Pension Reform Act and the rules and regulations thereunder or to Section 412 of the Internal Revenue Code of 1986, as amended (the "Code"), and at all times comply in all material respects with the provisions of the Pension Reform Act and Code which are applicable to the Plans. The Loan Parties will not permit any condition to exist which would permit the Pension Benefit Guaranty Corporation to cause the termination of any Pension Plan under circumstances which would cause the lien provided for in Section 4068 of the Pension Reform Act to attach to the assets of URC or any of its Subsidiaries.
Pension Reform Act. Except as set forth in Part 20 of Exhibit 7A, no events, including without limitation, any “Reportable Event” or “Prohibited Transactions,” as those terms are defined in ERISA have occurred in connection with any Pension Plan of the Borrower which might constitute grounds for the termination of any such Pension Plan by the Pension Benefit Guaranty Corporation or for the appointment by the appropriate United States District Court of a trustee to administer any such Pension Plan. All of the Borrower’s Pension Plans meet, as of the date of the execution hereof, the minimum funding standards of Section 302 of ERISA.
Pension Reform Act. Certain of Borrower’s employees are covered under the United Food and Commercial Workers International Union – Industry Pension Fund Future Service Pension Plan (the “Plan”). Borrower does not administer the Plan and, therefore, is not aware of any event, including any “Reportable Event” or “Prohibited Transactions,” as those terms are defined in ERISA, which might constitute grounds for the termination of the Plan or for the appointment by the appropriate United States District Court of a trustee to administer the Plan. Parts 21 – 25: [Intentionally Omitted] Part 26: Intellectual Property In Farmland National Beef Packing Co., L.P. v. Multiple Systems, Inc. (02 C 71) Xxxxxx County, Kansas District Court, Borrower is currently a plaintiff in a lawsuit filed in May 2002 against Multiple Systems, Inc. (MS) to recover attorney fees and litigation expenses (approximately $70,000) it incurred as a result of defending patent claims and demands made by ConAgra. ConAgra claimed that certain hide pullers used by Borrower (sold and marketed by MS) violated a business methods patent. Ultimately, ConAgra and MS reached a settlement wherein customers such as Borrower were granted conditional licenses to use the existing pullers. Borrower’s theories against MS include breach of UCC implied warranty and indemnification. No pending counterclaims or demands have been made against Borrower by MS, ConAgra, or anyone else involving this case. Borrower has no exposure regarding this case. Exhibit 8A to Third Amended and Restated Credit Agreement
Pension Reform Act. Defined in Section 6.16 of this Agreement.
Pension Reform Act. No events, including without limitation, any ------------------ "reportable event" or "prohibited transactions," as those terms are defined in the Employee Retirement Income Security Act of 1974 as the same may be amended from time to time ("ERISA"), have occurred in connection with any defined benefit pension plan ("PENSION PLAN") of Borrower which might constitute grounds for the termination of any such Pension Plan by the Pension Benefit Guaranty Corporation or for the appointment by the appropriate United States District Court of a trustee to administer any such Pension Plan. All of Borrower's Pension Plans meet, as of the date of this Agreement, the minimum funding standards of Section 302 of ERISA.
Pension Reform Act. According to authority granted by the Pension Reform Act of 1974, Section 414(h) (2) of the Internal Revenue Code, the Board of Education agrees to pay to the Teacher Retirement System, on behalf of each teacher, no more than an amount equal to the full TRS contribution as of June 30, 1998 (9%) of each teacher’s salary from the established compensation schedule. Should any of the above be declared improper by an IRS ruling or opinion, that clause or portion thereof shall be deleted from this Agreement to the extent that it violates the ruling or opinion. Note: Any changes in the TRS contributions brought about due to pension reform measures will be negotiated midterm in an effort to protect both the Union and the District.
