Example ContractsClausesERISA Notices
ERISA Notices
ERISA Notices contract clause examples

Furnish Agent with immediate written notice in the event that lxxxii) any Loan Party, any Subsidiary of any Loan Party or any member of the Controlled Group knows or has reason to know that a Termination Event has occurred, together with a written statement describing such Termination Event and the action, if any, which such Loan Party, such Subsidiary of any Loan Party or member of the Controlled Group has taken, is taking, or proposes to take with respect thereto and, when known, any action taken or threatened by the IRS, Department of Labor or PBGC with respect thereto, lxxxiii) any Loan Party, any Subsidiary of any Loan Party or any member of the Controlled Group knows or has reason to know that a prohibited transaction (as defined in [Sections 406] of ERISA and 4975 of the Code) has occurred, together with a written statement describing such transaction and the action which such Loan Party, such Subsidiary of any Loan Party or any member of the Controlled Group has taken, is taking or proposes to take with respect thereto, lxxxiv) a funding waiver request has been filed with respect to any Title IV Plan together with all communications received by any Loan Party, any Subsidiary of any Loan Party or any member of the Controlled Group with respect to such request, lxxxv) any increase in the benefits of any existing Title IV Plan or the establishment of any new Title IV Plan or the commencement of contributions to any Title IV Plan to which any Loan Party, any Subsidiary of any Loan Party or any member of the Controlled Group was not previously contributing shall occur, lxxxvi) any Loan Party, any Subsidiary of any Loan Party or any member of the Controlled Group shall receive from the PBGC a notice of intention to terminate a Title IV Plan or to have a trustee appointed to administer a Title IV Plan, together with copies of each such notice, lxxxvii) any Loan Party, any Subsidiary of any Loan Party or any member of the Controlled Group shall receive any favorable or unfavorable determination letter from the IRS regarding the qualification of a Title IV Plan, together with copies of each such letter; lxxxviii) any Loan Party, any Subsidiary of any Loan Party or any member of the Controlled Group shall receive a notice regarding the imposition of withdrawal liability, together with copies of each such notice; lxxxix) any Loan Party, any Subsidiary of any Loan Party or any member of the Controlled Group shall fail to make a required installment or any other required payment under Section 412 of the Code on or before the due date for such installment or payment; xc) any Loan Party, any Subsidiary of any Loan Party or any member of the Controlled Group knows that a # Multiemployer Plan has been terminated, # the administrator or plan sponsor of a Multiemployer Plan intends to terminate a Multiemployer Plan, or # the PBGC has instituted or will institute proceedings under [Section 4042] of ERISA to terminate a Multiemployer Plan.

ERISA Notices. Immediately upon becoming aware of the institution of any steps by the Borrower or any other Person to terminate any Pension Plan of the Borrower or an ERISA Affiliate of the Borrower, or the failure to make a required contribution to a Pension Plan of the Borrower or an ERISA Affiliate of the Borrower if such failure is sufficient to give rise to a lien under [section 303(k)] of ERISA, or the taking of any action with respect to a Pension Plan of the Borrower or an ERISA Affiliate of the Borrower which would be reasonably likely to result in the requirement that the Borrower or any ERISA Affiliate furnish a bond or other security to the PBGC or such Pension Plan, or the occurrence of any event with respect to any Pension Plan of the Borrower or an ERISA Affiliate of the Borrower which would be reasonably likely to result in the Borrower or any ERISA Affiliate incurring any material liability, fine or penalty, notice thereof an copies of all documentation relating thereto.

ERISA Notices. Deliver or cause to be delivered to the Administrative Agent and the Lenders, at the Company’s expense, the following information and notices as soon as reasonably possible, and in any event:

ERISA Notices and Requests. Furnish Agent with immediate written notice in the event that # any Credit Party or ERISA Affiliate knows or has reason to know that a Termination Event has occurred, together with a written statement describing such Termination Event and the action, if any, which such Person has taken, is taking, or proposes to take with respect thereto and, when known, any action taken or threatened by the Internal Revenue Service, Department of Labor or PBGC with respect thereto, # all notices received by any Credit Party or any ERISA Affiliate of the PBGC’s intent to terminate any Pension Plan or to have a trustee appointed to administer any Pension Plan, # all notices received by any Credit Party or any ERISA Affiliate from a Multiemployer Plan sponsor concerning the imposition or amount of withdrawal liability pursuant to [Section 4202] of ERISA which in any such case could reasonably be expected to result in liabilities to GLDD and its Subsidiaries in excess of the Threshold Amount and # any Credit Party obtaining knowledge or reason to know that any Credit Party or any ERISA Affiliate has filed or intends to file a notice of intent to terminate any Pension Plan under a distress termination within the meaning of [Section 4041(c)] of ERISA.

ERISA Notices and Requests. Furnish Agent with prompt written notice in the event that # any Borrower or any member of the Controlled Group knows or has reason to know that a Termination Event has occurred, together with a written statement describing such Termination Event and the action, if any, which such Borrower or any member of the Controlled Group has taken, is taking, or proposes to take with respect thereto and, when known, any action taken or threatened by the Internal Revenue Service, Department of Labor, PBGC, or other applicable governmental authority with respect thereto, # any Borrower or any member of the Controlled Group knows or has reason to know that a prohibited transaction (as defined in [Sections 406] of ERISA and 4975 of the Code) has occurred together with a written statement describing such transaction and the action which such Borrower or any member of the Controlled Group has taken, is taking or proposes to take with respect thereto, # a funding waiver request has been filed with respect to any Plan together with all communications received by any Borrower or any member of the Controlled Group with respect to such request, # any material increase in the benefits of any existing Plan or the establishment of any new Plan, or the commencement of contributions to any Plan to which any Borrower or any member of the Controlled Group was not previously contributing shall occur, # any Borrower or any member of the Controlled Group shall receive from the PBGC or other applicable Governmental Body a notice of intention to terminate or wind-up a Plan or to have a trustee or replacement administrator appointed to administer a Plan, together with copies of each such notice, # any Borrower or any member of the Controlled Group shall receive any favorable or unfavorable determination letter from the Internal Revenue Service regarding the qualification of a Plan under Section 401(a) of the Code, together with copies of each such letter; # [reserved]; # any Borrower or any member of the Controlled Group shall receive a notice regarding the imposition of withdrawal liability, together with copies of each such notice; # any Borrower or any member of the Controlled Group shall fail to make a required installment or any other required payment under the Code or ERISA on or before the due date for 074658.01845/123458281v.1

Other ERISA Notices. Promptly and in any event within 3 Business Days after receipt thereof by the Borrower or any member of the Controlled Group from a Multiemployer Plan sponsor, the Credit Parties shall provide to the Lenders a copy of each notice received by the Borrower or any member of the Controlled Group concerning the imposition or amount of withdrawal liability imposed on the Borrower or any member of the Controlled Group pursuant to [Section 4202] of ERISA;

ERISA Notices and Requests. Furnish Agent with prompt written notice in the event that # any Loan Party or any member of the Controlled Group knows or has reason to know that a Termination Event has occurred, together with a written statement describing such Termination Event and the action, if any, which such Loan Party or any member of the Controlled Group has taken, is taking, or proposes to take with respect thereto and, when known, any action taken or threatened by the Internal Revenue Service, Department of Labor or PBGC with respect thereto, # any Loan Party or any member of the Controlled Group knows or has reason to know that a prohibited transaction (as defined in [Sections 406] of ERISA and 4975 of the Code) has occurred together with a written statement describing such transaction and the action which such Loan Party or any member of the Controlled Group has taken, is taking or proposes to take with respect thereto, # a funding waiver request has been filed with respect to any Plan together with all communications received by any Loan Party or any member of the Controlled Group with respect to such request, # any increase in the benefits of any existing Plan or the establishment of any new Plan or the commencement of contributions to any Plan to which any Loan Party or any member of the Controlled Group was not previously contributing shall occur, # any Loan Party or any member of the Controlled Group shall receive from the PBGC a notice of intention to terminate a Plan or to have a trustee appointed to administer a Plan, together with copies of each such notice, # any Loan Party or any member of the Controlled Group shall receive any favorable or unfavorable determination letter from the Internal Revenue Service regarding the qualification of a Plan under Section 401(a) of the Code, together with copies of each such letter; # any Loan Party or any member of the Controlled Group shall receive a notice regarding the imposition of withdrawal liability, together with copies of each such notice; # any Loan Party or any member of the Controlled Group shall fail to make a required installment or any other required payment under the Code or ERISA on or before the due date for such installment or payment; or # any Loan Party or any member of the Controlled Group knows that # a Multiemployer Plan has been terminated, # the administrator or plan sponsor of a Multiemployer Plan intends to terminate a Multiemployer Plan, # the PBGC has instituted or will institute proceedings under [Section 4042] of ERISA to terminate a Multiemployer Plan or # a Multiemployer Plan is subject to Section 432 of the Code or [Section 305] of ERISA.

Other ERISA Notices. Promptly and in any event within 3 Business Days after receipt thereof by the Borrower or any member of the Controlled Group from a Multiemployer Plan sponsor, the Credit Parties shall provide to the Lenders a copy of each notice received by the Borrower or any member of the Controlled Group concerning the imposition or amount of withdrawal liability imposed on the Borrower or any member of the Controlled Group pursuant to [Section 4202] of ERISA;

ERISA Notices and Requests. Furnish Agent with immediate written notice in the event that # any Borrower or, to the best of Borrower’s knowledge, any member of the Controlled Group knows or has reason to know that a Termination Event has occurred which would reasonably be expected to result in a Material Adverse Effect, together with a written statement describing such Termination Event and the action, if any, which such Borrower or, to the best of Borrower’s knowledge, any member of the Controlled Group has taken, is taking, or proposes to take with respect thereto and, when known, any action taken or threatened by the Internal Revenue Service, Department of Labor or PBGC with respect thereto, # any Borrower or, to the best of Borrower’s knowledge, any member of the Controlled Group knows or has reason to know that a prohibited transaction (as defined in [Sections 406] of ERISA and 4975 of the Code) has occurred, and could reasonably be expected to result in a Material Adverse Effect, together with a written statement describing such transaction and the action which such Borrower or, to the best of Borrower’s knowledge, any member of the Controlled Group has taken, is taking or proposes to take with respect thereto, # a funding waiver request has been filed with respect to any Plan together with all communications received by any Borrower or any member of the Controlled Group with respect to such request which would reasonably be expected to result in a Material Adverse Effect, # any increase in the benefits of any existing Plan or the establishment of any new Plan or the commencement of contributions to any Plan to which any Borrower or any member of the Controlled Group was not previously contributing shall occur which would reasonably be expected to result in a Material Adverse Effect, # any Borrower or, to the best of Borrower’s knowledge, any member of the Controlled Group shall receive from the PBGC a notice of intention to terminate a Plan or to have a trustee appointed to administer a Plan, together with copies of each such notice, # any Borrower or any member of the Controlled Group shall receive any favorable or unfavorable determination letter from the Internal Revenue Service regarding the qualification of a Plan under Section 401(a) of the Code, together with copies of each such letter; # any Borrower or, to the best of Borrower’s knowledge, any member of the Controlled Group shall receive a notice regarding the imposition of withdrawal liability which would reasonably be expected to result in a Material Adverse Effect, together with copies of each such notice; # any Borrower or, to the best of Borrower’s knowledge, any member of the Controlled Group shall fail to make a required installment or any other required payment under the Code or ERISA on or before the due date for such installment or payment; or # any Borrower or, to the best of Borrower’s knowledge, any member of the Controlled Group knows that # a Multiemployer Plan has been terminated, # the administrator or plan sponsor of a Multiemployer Plan intends to terminate a Multiemployer Plan, # the PBGC has instituted or will institute proceedings under [Section 4042] of ERISA to terminate a Multiemployer Plan or # a Multiemployer Plan is subject to Section 432 of the Code or [Section 305] of ERISA, in each case which would reasonably be expected to result in a Material Adverse Effect.

ERISA Notices. The Borrower shall deliver or cause to be delivered to the Administrative Agent, at the Borrower’s expense, the following information and notices as soon as reasonably possible, and in any event:

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