Common use of Canadian Employee Benefit Plans Clause in Contracts

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. As of the Restatement 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 Restatement Effective Date.

Canadian Employee Benefit Plans. As of the Effective Closing 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 all other Applicable Laws which require registration and no event has occurred which would is reasonably be expected likely to cause the loss of such registered status where status. As of the loss Closing Date, the Canadian Pension Plans and Canadian Benefit Plans have been administered and invested in compliance with their terms and Applicable Laws and there have been no improper withdrawals or applications of such registered status could the assets of the Canadian Pension Plans or the Canadian Benefit Plans, except as would not reasonably be expected to result in have a Material Adverse Effect. The Canadian Pension Plans have each been administered, funded and invested in accordance with the terms As of the particular planClosing Date, 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 there are no outstanding disputes concerning the assets of the Canadian Pension Plans except for such or the Canadian Benefit Plans, which disputes which would not reasonably be expected to result in have a Material Adverse Effect. All employee As of the Closing Date, except to the extent of any deficiency specified in Schedule 4.11(B), each of the Canadian Pension Plans is fully funded on both a solvency basis and employer ongoing basis (using actuarial methods and assumptions which are consistent with the valuations last filed with the applicable Governmental Authorities and which are consistent with generally accepted actuarial principles). As of the Closing Date, all payments, contributions (including “normal cost”, “special payments” which in the case of such Canadian Pension Plan shall be limited to those contributions determined by the plan actuary and any other payments identified in respect of any funding deficiencies or shortfallsthe most recently completed and filed actuarial valuation report) or premiums required to be withheld, made, remitted or paid made by any Loan Party to or in respect of each any Canadian Benefit Plan or 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 made on a timely basis in accordance with the current terms of such plans, any applicable collective bargaining agreement or employment contract plans and all applicable lawsApplicable Laws. As of the Closing Date, no promises of benefit improvements under the Canadian Pension Plans or the Canadian Benefit Plans have been made and there are no taxes, penalties or interest owing in respect of any Canadian Pension Plan, except where the failure to do so could as would not reasonably be expected to result in have a Material Adverse Effect. There As of the Closing Date, there has been no improper withdrawal partial termination of any Canadian Pension Plan and no facts or application circumstances have occurred or existed that could result, or be reasonably expected to result, in the declaration of a partial termination of any Canadian Pension Plan under Applicable Laws, except as would not reasonably be expected to have a Material Adverse Effect. Schedule 4.11(B) lists all Canadian Benefit Plans and Canadian Pension Plans. This subsection 4.11(B) contains the assets of sole and exclusive representation and warranty by the Loan Parties with respect to the Canadian Benefit Plans and Canadian Pension Plans as of the Effective DatePlans.