Canadian Defined Benefit Plans. No Credit Party shall, nor shall it permit any of its Subsidiaries to establish, maintain, sponsor, administer, participate in or contribute to any Canadian Defined Benefit Plan.
Canadian Defined Benefit Plans. Maintain, sponsor, administer, contribute to, participate in or assume or incur any liability in respect of any Canadian Defined Benefit Plan, or amalgamate or merge with any person if such person sponsors, administers, contributes to or has any liability in respect of any Canadian Defined Benefit Plan.
Canadian Defined Benefit Plans. Without the prior written consent of the Administrative Agent, no Credit Party shall establish, or otherwise incur any obligations or liabilities under or in connection with any Canadian Defined Benefit Plan (other than the Canadian Defined Benefit Plans in existence on the Closing Date).
Canadian Defined Benefit Plans. Not (i) maintain, sponsor, administer, contribute to or participate in any Canadian Defined Benefit Plan other than the Canadian Defined Benefit Plans identified in Schedule 3.17 to Amendment No. 2 or Canadian Defined Benefit Plans acquired pursuant to an acquisition, or (ii) acquire assets or Equity Interest if as a result of the acquisition the Borrowers or Guarantors may have any liability in respect of a Canadian Defined Benefit Plan that has a deficiency on a wind-up basis at the time of acquisition except where such liability would not reasonably be expected to have a Material Adverse Effect.
Canadian Defined Benefit Plans. None of the Canadian Loan Parties shall, (a) without the consent of the Administrative Agent (not to be unreasonably withheld) maintain, administer, contribute or have any liability in respect of any Canadian Pension Plan which contains a “defined benefit provision,” as defined in subsection 147.1(1) of the Income Tax Act (Canada) (“Canadian Defined Benefit Plan”) (other than the Canadian Defined Benefit Plans listed in Schedule 3.10 on the Fourth Restatement Date or any Canadian Defined Benefit Plan sponsored, maintained, administered or contributed to by a Person described in clause (b) of this Section 6.14) or (b) acquire an interest in any Person if such Person sponsors, maintains, administers or contributes to, or has any liability in respect of any Canadian Defined Benefit Plan if such acquisition would, or could reasonably be expected to, result in a Material Adverse Effect.
Canadian Defined Benefit Plans. Except as could not reasonably be expected to have a Material Adverse Effect:
(a) all Canadian Pension Plans are duly registered under the Income Tax Act (Canada) and applicable pension standards legislation, and no event has occurred which could reasonably be expected to cause the loss of such registered status;
(b) as of the date of this Agreement, no Canadian Pension Plan is a Canadian Defined Benefit Pension Plan;
(c) the Canadian Pension Plans have each been administered, funded and invested in all material respects in accordance with their terms and all applicable laws including, where applicable, the Income Tax Act (Canada) and pension standards legislation;
(d) all employee and employer contributions (including “normal cost”, “special payments” and any other payments in respect of any funding deficiencies or shortfalls) required to be remitted to or in respect of each Canadian Pension Plan have been remitted on a timely basis in accordance with the terms of such plans, any applicable collective bargaining agreement, and all applicable laws;
(e) all material obligations of each of the primary obligors (including fiduciary, funding, investment and administration obligations) required to be performed in connection with the Canadian Pension Plans and the funding agreements therefor have been performed on a timely basis;
(f) no event has occurred which could reasonably be expected to give rise to a partial or full termination of any Canadian Defined Benefit Pension Plan; and
(g) each Canadian Defined Benefit Pension Plan is fully funded on a solvency basis, going concern basis in accordance with applicable Law (using actuarial methods and assumptions which are consistent with the actuarial valuations last filed with the applicable governmental authorities for such Canadian Defined Benefit Pension Plan).
Canadian Defined Benefit Plans. No Obligor has sponsored, maintained, participated in, contributed to, or otherwise incurred liability under any Canadian Defined Benefit Plan.
Canadian Defined Benefit Plans. No Canadian Borrower will (a) without the prior consent of the Administrative Agent, acting reasonably, establish, contribute to or assume an obligation to contribute to the “defined benefit provision” of any “registered pension plan”, as those terms are defined in the Income Tax Act (Canada) (a “Canadian Defined Benefit Plan”), except as may be required by applicable law, or (b)(i) acquire an interest in any Person if such Person sponsors, maintains or contributes to, or at any time in the five-year period preceding such acquisition has sponsored, maintained or contributed to a Canadian Defined Benefit Plan if such acquisition would, or could reasonably be expected to, result in a Material Adverse Effect or (ii) cause or allow any Person described in (i) above, to become, or to merge, amalgamate, or consolidate with, a Loan Party if such becoming, or merging, amalgamating, or consolidating with would, or could reasonably be expected to, result in a Material Adverse Effect.
Canadian Defined Benefit Plans. Neither the Manager nor any member of a Controlled Group has sponsored, maintained, contributed to, or otherwise incurred liability under any Canadian Defined Benefit Plan.
Canadian Defined Benefit Plans. No Obligor shall establish or permit to exist, any Canadian Defined Benefit Plan.
