Common use of Canadian Pension and Benefit Plans Clause in Contracts

Canadian Pension and Benefit Plans. Each of the Borrowers the other Loan Parties shall, and shall cause each of the Restricted Subsidiaries of Borrowers to: (a) operate, administer and perform all of its obligations under and in respect of all Canadian Benefit Plans in compliance with the terms of such plans and all applicable Laws and shall maintain all necessary governmental approvals which are material in respect of the operation of such plans and comply, in all respects, with its obligations under such plans and applicable Laws including making all contributions to and payments of benefits from such plans that are required to be made under the terms of such plans; and (b) ensure that the representations and warranties set out in Section 5.07 are true and correct at all times (and not just at, and as of, the times that such representations and warranties are made or deemed to be made).

Appears in 3 contracts

Samples: Forbearance Agreement and Fourth Amendment to Loan and Security Agreement (DG Capital Management, LLC), Forbearance Agreement and Fourth Amendment to Loan and Security Agreement (Endurant Capital Management LP), Forbearance Agreement and Fourth Amendment to Loan and Security Agreement (TENOR CAPITAL MANAGEMENT Co., L.P.)

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Canadian Pension and Benefit Plans. Each of the Borrowers the other Loan Parties shall, and shall cause each of the Restricted Subsidiaries of Borrowers to: (a) operate, administer and perform all of its obligations under and in respect of all Canadian Benefit Plans in compliance with the terms of such plans and all applicable Laws and shall maintain all necessary governmental approvals which are material in respect of the operation of such plans and comply, in all respects, with its obligations under such plans and applicable Laws including making all contributions to and payments of benefits from such plans that are required to be made under the terms of such plans; and (b) ensure that the representations and warranties set out in Section 5.07 are true and correct at all times (and not just at, and as of, the times that such representations and warranties are made or deemed to be made).

Appears in 1 contract

Samples: Loan and Security Agreement (INVACARE HOLDINGS Corp)

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