Example ContractsClausesERISA Matters
ERISA Matters
ERISA Matters contract clause examples

ERISA Matters. (i) Set forth on [Schedule 4.01(w)] hereto is a complete and accurate list of all Plans and Welfare Plans.

ERISA Matters. As the Administrative Agent may request, a statement of the Unfunded Liabilities of each Plan, certified as correct by an actuary enrolled under ERISA.

ERISA Matters. Except as would not reasonably be expected to result in a Material Adverse Effect, the Borrower shall not # fail to meet the minimum funding standard set forth in [Sections 302(a) and 303]3] of ERISA and [Sections 412(a) and 430]0] of the Code with respect to any Pension Plan, # fail to make any payments to a Multiemployer Plan that the Borrower may be required to make under the agreement relating to such Multiemployer Plan or any law pertaining thereto, # terminate any Pension Plan so as to result, directly or indirectly in any liability to the Borrower or # permit to exist any occurrence of any Reportable Event with respect to any Pension Plan.

Each Lender # represents and warrants, as of the date such Person became a Lender party hereto, to, and # covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, the Joint Lead Arrangers and their respective Affiliates, that at least one of the following is and will be true:

ERISA Matters. The Borrower will not # assuming that no portion of the Loans are funded or held with Plan Assets, engage or permit any ERISA Affiliate to engage in any prohibited transaction under ERISA or the Code for which an exemption is not available, or has not previously been obtained from the United States Department of Labor, # fail, or permit any ERISA Affiliate to fail, to satisfy the “minimum funding standard” (as defined in Section 412 of the Code or [Section 302] of ERISA), whether or not waived, # file, or permit any ERISA Affiliate to file, an application for a waiver of the minimum funding standard pursuant to Section 412(c) of the Code or [Section 303(c)] of ERISA with respect to any Pension Plan, # incur, or permit any ERISA Affiliate to incur, any liability under Title IV of ERISA with respect to the termination of any Pension Plan, # fail, or permit any ERISA Affiliate to fail, to make any payments to a Multiemployer Plan that the Borrower or any ERISA Affiliate may be required to make under the agreement relating to such Multiemployer Plan or any law pertaining thereto or incur a complete or partial withdrawal under ERISA by such Multiemployer Plan, # terminate any Pension Plan so as to result in any liability, # permit to exist any occurrence of any “Reportable Event” described in Title IV of ERISA or # permit the imposition of any liability under Title IV of ERISA, other than for PBGC premiums due but not delinquent under [Section 4007] of ERISA, upon the Borrower or any ERISA Affiliate.

ERISA Matters. The Borrower will not # assuming that no portion of the Loans are funded or held with Plan Assets, engage or permit any ERISA Affiliate to engage in any prohibited transaction under ERISA or the Code for which an exemption is not available, or has not previously been obtained from the United States Department of Labor, # fail, or permit any ERISA Affiliate to fail, to satisfy the “minimum funding standard” (as defined in Section 412 of the Code or [Section 302] of ERISA), whether or not waived, # file, or permit any ERISA Affiliate to file, an application for a waiver of the minimum funding standard pursuant to Section 412(c) of the Code or [Section 303(c)] of ERISA with respect to any Pension Plan, # incur, or permit any ERISA Affiliate to incur, any liability under Title IV of ERISA with respect to the termination of any Pension Plan, # fail, or permit any ERISA Affiliate to fail, to make any payments to a Multiemployer Plan that the Borrower or any ERISA Affiliate may be required to make under the agreement relating to such Multiemployer Plan or any law pertaining thereto or incur a complete or partial withdrawal under ERISA by such Multiemployer Plan, # terminate any Pension Plan so as to result in any liability, # permit to exist any occurrence of any “Reportable Event” described in Title IV of ERISA or # permit the imposition of any liability under Title IV of ERISA, other than for PBGC premiums due but not delinquent under [Section 4007] of ERISA, upon the Borrower or any ERISA Affiliate.

ERISA Matters. Except as would not reasonably be expected to result in a Material Adverse Effect, the Borrower shall not # fail to meet the minimum funding standard set forth in [Sections 302(a) and 303]3] of ERISA and [Sections 412(a) and 430]0] of the Code with respect to any Pension Plan, # fail to make any payments to a Multiemployer Plan that the Borrower may be required to make under the agreement relating to such Multiemployer Plan or any law pertaining thereto, # terminate any Pension Plan so as to result, directly or indirectly in any liability to the Borrower or # permit to exist any occurrence of any Reportable Event with respect to any Pension Plan.

Each Lender # represents and warrants, as of the date such Person became a Lender party hereto, to, and # covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, the Joint Lead Arrangers and their respective Affiliates, that at least one of the following is and will be true:

ERISA Matters. The Borrower will not incur or permit to exist an ERISA Event.

Each Lender # represents and warrants, as of the date such Person became a Lender party hereto, to, and # covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other Loan Party, that at least one of the following is and will be true:

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