Canadian Employee Benefit Plans. (a) Except as could not reasonably be expected to have a Material Adverse Effect and except as set forth on Schedule 4.18, the Canadian Employee Benefit Plans are, and have been, established, registered, amended, funded, invested and administered in compliance with the terms of such Canadian Employee Benefit Plans (including the terms of any documents in respect of such Canadian Employee Benefit Plans), all Applicable Laws and any applicable collective agreements. There is no investigation by a Governmental Authority or claim (other than routine claims for payment of benefits) pending or, to the knowledge of a Canadian Credit Party, threatened involving any Canadian Employee Benefit Plan or its assets, and no facts exist which could reasonably be expected to give rise to any such investigation or claim (other than routine claims for payment of benefits) which if determined adversely, could reasonably be expected to have a Material Adverse Effect.
(b) All employer and employee payments, contributions and premiums required to be remitted, paid to or in respect of each Canadian Pension Plan have been paid or remitted in accordance with its terms and all applicable laws.
(c) No Canadian Pension Plan Termination Events have occurred that individually or in the aggregate, would result in a Canadian Credit Party owing an amount that could reasonably be expected to have a Material Adverse Effect.
(d) Except as set forth on Schedule 4.18, no Credit Party has any liability (contingent, matured or otherwise) in respect of a Defined Benefit Plan. None of the Canadian Employee Benefit Plans, other than the Canadian Pension Plans, provide benefits beyond retirement or other termination of service to employees or former employees of a Canadian Credit Party, or to the beneficiaries or dependants of such employees.
Canadian Employee Benefit Plans. There shall occur one or more Canadian Pension Plan Termination Events that have had or could reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect or (y) a Canadian Credit Party fails to make a required contribution to or payment under any Canadian Pension Plan when due and such failure has had or could reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect; or
Canadian Employee Benefit Plans. Each Canadian Credit Party shall:
(a) with respect to each Canadian Pension Plan, pay all contributions, premiums and payments when due in accordance with its terms and applicable law; and
(b) promptly deliver to the Administrative Agent copies of: (A) annual information returns, actuarial valuations and any other reports which have been filed with a Governmental Authority with respect to each Canadian Pension Plan; and (B) any direction, order, notice, ruling or opinion that a Canadian Credit Party may receive from a Governmental Authority with respect to any Canadian Employee Benefit Plan.
Canadian Employee Benefit Plans. Promptly upon any Responsible Officer of Borrower obtaining knowledge of: (1) a Canadian Pension Plan Termination Event; (2) the failure to make a required contribution to or payment under any Canadian Pension Plan when due; (3) the occurrence of any event which is reasonably likely to result in a Canadian Credit Party incurring any liability, fine or penalty with respect to any Canadian Employee Benefit Plan that could reasonably be expected to result in a Material Adverse Effect; (4) the establishment of any material new Canadian Employee Benefit Plans or (5) any change to an existing Canadian Employee Benefit Plan that could reasonably be expected to result in a Material Adverse Effect; in the notice to the Administrative Agent of the foregoing, copies of all documentation relating thereto as Administrative Agent shall reasonably request shall be provided;
Canadian Employee Benefit Plans. As of the Effective Date, none of the Canadian Pension Plans are Canadian Defined Benefit Pension Plans. All Canadian Pension Plans are duly registered under the ITA and applicable Canadian Pension Benefits Legislation and no event has occurred which would reasonably be expected to cause the loss of such registered status where the loss of such registered status could reasonably be expected to result in a Material Adverse Effect. The Canadian Pension Plans have each been administered, funded and invested in accordance with the terms of the particular plan, all applicable laws including, where applicable, the ITA and Canadian Pension Benefits Legislation, and the terms of all applicable collective bargaining agreements and employment contracts, except where the failure to do so could not reasonably be expected to result in a Material Adverse Effect. All material obligations of each of the Loan Parties (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, except where the failure to do so could not reasonably be expected to result in a Material Adverse Effect. There are no outstanding disputes concerning the assets of the Canadian Pension Plans except for such disputes which would not reasonably be expected to result in a Material Adverse Effect. All employee and employer payments, contributions (including “normal cost”, “special payments” and any other payments in respect of any funding deficiencies or shortfalls) or premiums required to be withheld, made, remitted or paid to or in respect of each Canadian Pension Plan and all other amounts that are due to the pension fund of any Canadian Pension Plan from any Loan Party or any of their respective Affiliates have been withheld, made, remitted or paid on a timely basis in accordance with the terms of such plans, any applicable collective bargaining agreement or employment contract and all applicable laws, except where the failure to do so could not reasonably be expected to result in a Material Adverse Effect. There has been no improper withdrawal or application of the assets of the Canadian Pension Plans as of the Effective Date.
Canadian Employee Benefit Plans. There shall occur one or more Canadian Pension Plan Termination Events that have had or could reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect or (y) a Canadian Loan Party fails to make a required contribution to or payment under any Canadian Pension Plan when due and such failure has had or could reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect; then, and in every such Event of Default (other than (x) an Event of Default with respect to any Borrower described in clause (f) or (g) of this Article or (y) any Event of Default arising under Section 6.15), and at any time thereafter during the continuance of such Event of Default, the Administrative Agent may, and at the request of the Required Lenders shall, by notice to the Parent, take any of the following actions, at the same or different times: (i) terminate the Revolving Credit Commitments, and thereupon such Commitments shall terminate immediately along with the obligation of Issuing Banks to issue any Letter of Credit, (ii) declare the Loans then outstanding to be due and payable in whole (or in part, in which case any principal not so declared to be due and payable may thereafter be declared to be due and payable), and thereupon the principal of the Loans so declared to be due and payable, together with accrued interest thereon and all fees and other obligations of the Borrowers accrued hereunder, shall become due and payable immediately, without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrowers and (iii) require that the applicable Borrower deposit in the LC Collateral Account an additional amount in Cash as reasonably requested by the Issuing Banks (not to exceed 100% of the relevant face amount) of the then outstanding LC Exposure (minus the amount then on deposit in the LC Collateral Account); provided that (A) upon the occurrence of an Event of Default with respect to any Borrower described in clause (f) or (g) of this Article, any such Commitments shall automatically terminate and the principal of the Loans then outstanding, together with accrued interest thereon and all fees and other obligations of the Borrowers accrued hereunder, shall automatically become due and payable, without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrowers, and the obligation of the Borrowers to Cash collateralize the outsta...
Canadian Employee Benefit Plans. (i) Schedule 2.2(s) lists all retirement, pension, supplemental pension, post retirement savings, retirement savings, deferred compensation, incentive, life insurance, medical, hospital, dental care, vision care, drag, sick leave, short term or long term disability, salary continuation, or other employee benefit plan, program, arrangement or policy that is maintained or otherwise contributed to by PPSS, or offered to PPSS’ employees or former employees, and their respective spouse or beneficiaries, other than government sponsored pension, employment insurance, workers compensation and health insurance plans (the “Canadian Employee Benefit Plans”).
(ii) Complete and updated copies of all documents pertaining to each Canadian Employee Benefit Plan have been provided or otherwise been made available to Purchasers, including each plan’s text, the three (3) last financial or actuarial reports (if any), and documents remitted to members or participants in any Canadian Employee Benefit Plan and their respective spouse or beneficiaries, and all material correspondence with the competent authorities in relation to such plans.
(iii) Except as disclosed on Schedule 2.2(s), each Canadian Employee Benefit Plan is and has been established, maintained, administered and funded at all times incompliance with its terms and with the requirements of all applicable Laws; and is in good standing in respect of such requirements and Laws.
(iv) Except as disclosed on Schedule 2.2(s) all contributions, premium or other payment of any nature whatsoever, including any interest or penalty, that is or was at any time required to be paid or remitted to in relation to any Canadian Employee Benefit Plan have been paid and remitted in due time.
(v) Except as disclosed on Schedule 2.2(s), PPSS does not contribute and is not and was never required to contribute to any pension plan, including “registered retirement savings plans” (as defined in the Income Tax Act (Canada) (the “ITA”), “registered pension plans” (as defined in the ITA), “retirement compensation arrangements” (as defined in the ITA) and supplemental pension plans and arrangements, but excluding statutory plans (the “Pension Plans”). Except as disclosed on Schedule 2.2(s), PPSS does not contribute and is not and was never required to contribute to any multi-employer pension or benefit plan.
(vi) No Pension Plan is or was at any time a defined benefit pension plan or contained any undertaking to provide any specific amount to any...
Canadian Employee Benefit Plans. Each Pension Plan which is intended to meet the requirements of a “qualified plan” under Section 401(a) of the Code is so qualified and has either timely received a favorable determination letter or opinion letter from the Internal Revenue Service that such Pension Plan is so qualified or has requested such a favorable determination letter within the remedial amendment period of Section 401(b) of the Code, and there are no facts or circumstances that could reasonably be expected to jeopardize the qualification of such Pension Plan. Any Canadian Employee Benefit Plan which is required to be registered under applicable Law is duly registered. The Plans and Canadian Employee Benefit Plans have been established, maintained, administered, funded and operated in compliance in all material respects with their terms and the requirements of all applicable Laws, including the Code and ERISA.
Canadian Employee Benefit Plans. (a) Except as set forth in Schedule 8.16 and as of the date hereof, the Canadian Borrower does not maintain or contribute to any plan governed by the Canadian Employee Benefits Legislation.
(b) Except as set forth in Schedule 8.16 and as of the date hereof, the Canadian Borrower does not have and is not subject to any present or future obligation or liability under any pension plan, deferred compensation plan, retirement income plan, stock option or stock purchase plan, profit sharing plan, bonus plan or policy, employee group insurance plan, program, policy or practice with respect to accrued vacation pay or overtime pay, formal or informal, and all accruals for unpaid vacation pay, overtime pay, premiums for unemployment insurance, health and welfare insurance premiums, Canadian Pension Plan premiums, accrued wages, salaries and commissions, severance pay and employee benefit plan payments have been reflected in the books and records of the Canadian Borrower.
(c) The Canadian Borrower does not have any material liabilities or any obligations whatsoever in respect of any retired or former Canadian Employee with respect to its Canadian Employees.
(d) Schedule 8.16 lists all the Canadian Employee Plans which are maintained or sponsored by the Canadian Borrower or to which it contributes or has an obligation to contribute existing as of the date hereof. All of the Canadian Employee Plans are and have been established, registered, qualified, invested and administered in all respects in accordance with all laws applicable to the Canadian Employee Plans. To the best knowledge of the Canadian Borrower, no fact or circumstance exists that could adversely affect the tax-exempt status of a Canadian Employee Plan.
(e) All obligations regarding the Canadian Employee Plans have been satisfied, there are no outstanding defaults or violations by any party to any Canadian Employee Plan and no taxes, penalties or fees are owing or eligible under any of the Canadian Employee Plans, except which could not reasonably be expected to result in a Material Adverse Change. As of the date hereof, each Canadian Employee Plan is fully funded or fully insured on both an ongoing and solvency basis pursuant to the actuarial assumptions and methodology set out in Schedule 8.16.
(f) Except as disclosed in Schedule 8.16,
(i) The Canadian Borrower is not a party to any collective bargaining agreement, contract or legally binding commitment to any trade union or employee organization or gro...
Canadian Employee Benefit Plans. Promptly upon any Responsible Officer of Borrower obtaining knowledge of: (1) a Canadian Pension Plan Termination Event; (2) the failure to make a required contribution to or payment under any Canadian Pension Plan when due;
