Common use of Accumulated Funding Deficiency Clause in Contracts

Accumulated Funding Deficiency. No such Pension Benefit Plan has (i) incurred an accumulated funding deficiency (within the meaning of Section 412(a) of the Code), whether or not waived; (ii) been a Pension Benefit Plan with respect to which a Reportable Event (to the extent that the reporting of such events to the PBGC within thirty days of the occurrence has not been waived) has occurred and is continuing; or (iii) been a Pension Benefit Plan with respect to which there exist conditions or events which have occurred that present a significant risk of termination of such Pension Benefit Plan by the PBGC.

Appears in 17 contracts

Samples: Loan Agreement (Layne Christensen Co), Credit Agreement (Osullivan Industries Holdings Inc), Credit Facilities Agreement (Pomeroy Computer Resources Inc)

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Accumulated Funding Deficiency. No such Pension Benefit Plan has (i) incurred an accumulated funding deficiency (within the meaning of Section 412(a) of the Code), whether or not waived; (ii) been a Pension Benefit Plan with respect to which a Reportable Event (to the extent that the reporting of such events to the PBGC within thirty 30 days of the occurrence has not been waived) has occurred and is continuing; or (iii) been a Pension Benefit Plan with respect to which there exist conditions or events which have occurred that present a significant risk of termination of such Pension Benefit Plan by the PBGC.

Appears in 3 contracts

Samples: Assignment and Assumption (Young Innovations Inc), Credit Agreement (Young Innovations Inc), Credit Facilities Agreement (Young Innovations Inc)

Accumulated Funding Deficiency. No such Pension Benefit Plan has (ia) incurred an accumulated funding deficiency (within the meaning of Code Section 412(a) of the Code)), whether or not waived; (iib) been a Pension Benefit Plan with respect to which a Reportable Event (to the extent that the reporting of such events to the PBGC within thirty days of the occurrence has not been waived) has occurred and is continuing; or (iiic) been a Pension Benefit Plan with respect to which there exist conditions or events which have occurred that present a significant risk of termination of such Pension Benefit Plan by the PBGC.

Appears in 3 contracts

Samples: Credit Agreement (Gtsi Corp), Credit Agreement (Gtsi Corp), Credit Agreement (Gtsi Corp)

Accumulated Funding Deficiency. No such Pension Benefit Plan has (i) incurred an "accumulated funding deficiency deficiency" (within the meaning of Section 412(a) of the Code), whether or not waived; (ii) been a Pension Benefit Plan with respect to which a Reportable Event (to the extent that the reporting of such events to the PBGC within thirty days of the occurrence has not been waived) has occurred and is continuing; or (iii) been a Pension Benefit Plan with respect to which there exist conditions or events which have occurred that present a significant risk of termination of such Pension Benefit Plan by the PBGC.

Appears in 2 contracts

Samples: Loan Agreement (Davel Communications Group Inc), Loan Agreement (Young Innovations Inc)

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Accumulated Funding Deficiency. No such Pension Benefit Plan which is a defined benefit plan or money purchase plan has (i) incurred an accumulated funding deficiency (within the meaning of Section 412(a) of the Code), whether or not waived; (ii) been a Pension Benefit Plan with respect to which a Reportable Event (to the extent that the reporting of such events to the PBGC within thirty days of the occurrence has not been waived) has occurred and is continuing; or (iii) been a Pension Benefit Plan with respect to which there exist conditions or events which have occurred that present a significant risk of termination of such Pension Benefit Plan by the PBGC.

Appears in 1 contract

Samples: Loan Agreement (Intrav Inc)

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