Common use of Canadian Pension Plan and Benefit Plans Clause in Contracts

Canadian Pension Plan and Benefit Plans. The Canadian Pension Plans are duly registered under the ITA and all other applicable laws which require registration, except as could not reasonably be expected to result in a Material Adverse Effect. Each Loan Party and each of their Subsidiaries has complied with and performed all of its obligations under and in respect of the Canadian Pension Plans and Canadian Benefit Plans under the terms thereof, any funding agreements and all applicable laws (including any fiduciary, funding, investment and administration obligations), except as could not reasonably be expected to result in a Material Adverse Effect. All employer and employee payments, contributions or premiums to be remitted, paid to or in respect of each Canadian Pension Plan or Canadian Benefit Plan have been paid in a timely fashion in accordance with the terms thereof, any funding agreement and all applicable laws. There have been no improper withdrawals or applications of the assets of the Canadian Pension Plans or the Canadian Benefit Plans, except as could not reasonably be expected to result in a Material Adverse Effect. No promises of benefit improvements under the Canadian Pension Plans or the Canadian Benefit Plans have been made except where such improvement could not be reasonably expected to have a Material Adverse Effect. All material reports and disclosures relating to the Canadian Pension Plans required by such plans and any Requirement of Law to be filed or distributed have been filed or distributed, except as could not reasonably be expected to result in a Material Adverse Effect. There has been no termination of any Canadian Pension Plan (except as permitted under Section 5.07(b)) and, to the knowledge of the Borrower, no facts or circumstances have occurred or existed that could result, or be reasonably anticipated to result, in the declaration of a termination of any Canadian Pension Plan by any Governmental Authority under Applicable Pension Laws. Each of the Canadian Pension Plans is funded in accordance with the most recent actuarial valuations filed under Applicable Pension Laws, as disclosed to the Administrative Agent.

Canadian Pension Plan and Benefit Plans. Schedule 6.15(b) hereto lists as of the date hereof all Canadian Benefit Plans and Canadian Pension Plans. The Canadian Pension Plans are duly registered under the ITA Income Tax Act (Canada) and all other applicable laws which require registration, except as could not reasonably be expected to result in a Material Adverse Effect. Each Loan Party Borrower and each of their its Subsidiaries has have complied with and performed all of its their statutory obligations under and in respect of the Canadian Pension Plans and Canadian Benefit Plans under the terms thereof, any funding agreements and all applicable laws (including any fiduciary, funding, investment and administration obligations), ) except to the extent as could would not reasonably be expected to result in have a Material Adverse Effect. All employer and employee payments, contributions or premiums to be remitted, paid to or in respect of each Canadian Pension Plan or Canadian Benefit Plan have been paid in a timely fashion in accordance with the terms thereof, any funding agreement and all applicable lawslaws except to the extent the failure to do so would not reasonably be expected to have a Material Adverse Effect. There have been Except as set forth on Schedule 6.15(b) hereto, as of the date hereof each of the Canadian Benefit Plans is either fully funded or fully insured. Except as set forth on Schedule 6.15(b) hereto, as of the date hereof there are no improper withdrawals outstanding actions or applications of suits concerning the assets of the Canadian Pension Plans or the Canadian Benefit Plans. Except as set forth on Schedule 6.15(b) hereto, except as could not reasonably be expected to result in a Material Adverse Effect. No promises of benefit improvements under the date hereof neither the Canadian Pension Plans Borrower or its Subsidiaries have any liability in respect of a multi-employer pension plan as that term is defined in the relevant Canadian Benefit Plans have been made except where such improvement could not be reasonably expected to have a Material Adverse Effectpension legislation. All material reports and disclosures relating to the Canadian Pension Plans required by such plans and any Requirement of Law to be filed or distributed have been filed or distributedExcept as set forth on Schedule 6.15(b) hereto, except as could not reasonably be expected to result in a Material Adverse Effect. There has been no termination of any Canadian Pension Plan (except as permitted under Section 5.07(b)) and, to the knowledge of the Borrower, no facts or circumstances have occurred or existed that could result, or be reasonably anticipated to result, in the declaration of a termination of any Canadian Pension Plan by any Governmental Authority under Applicable Pension Laws. Each date hereof each of the Canadian Pension Plans is fully funded in accordance on a going concern basis or solvency basis (using actuarial methods and assumptions which are consistent with the most recent valuations last filed with the applicable Governmental Authorities or commissioned at the request of any Borrower or its Subsidiaries and which are consistent with generally accepted actuarial valuations filed under Applicable Pension Laws, as disclosed to the Administrative Agentprinciples).

Canadian Pension Plan and Benefit Plans. Schedule 6.15(b) hereto lists as of the date hereof all Canadian Benefit Plans and Canadian Pension Plans. The Canadian Pension Plans are duly registered under the ITA Income Tax Act (Canada) and all other applicable laws which require registration, except as could not reasonably be expected to result in a Material Adverse Effect. Each Loan Party The Borrower and each of their its Subsidiaries has have complied with and performed all of its their statutory obligations under and in respect of the Canadian Pension Plans and Canadian Benefit Plans under the terms thereof, any funding agreements and all applicable laws (including any fiduciary, funding, investment and administration obligations), ) except to the extent as could would not reasonably be expected to result in have a Material Adverse Effect. All employer and employee payments, contributions or premiums to be remitted, paid to or in respect of each Canadian Pension Plan or Canadian Benefit Plan have been paid in a timely fashion in accordance with the terms thereof, any funding agreement and all applicable lawslaws except to the extent the failure to do so would not reasonably be expected to have a Material Adverse Effect. There have been Except as set forth on Schedule 6.15(b) hereto, as of the date hereof each of the Canadian Benefit Plans is either fully funded or fully insured. Except as set forth on Schedule 6.15(b) hereto, as of the date hereof there are no improper withdrawals outstanding actions or applications of suits concerning the assets of the Canadian Pension Plans or the Canadian Benefit Plans. Except as set forth on Schedule 6.15(b) hereto, except as could not reasonably be expected to result in a Material Adverse Effect. No promises of benefit improvements under the Canadian Pension Plans or the Canadian Benefit Plans have been made except where such improvement could not be reasonably expected to have a Material Adverse Effect. All material reports and disclosures relating to the Canadian Pension Plans required by such plans and any Requirement of Law to be filed or distributed have been filed or distributed, except as could not reasonably be expected to result in a Material Adverse Effect. There has been no termination of any Canadian Pension Plan (except as permitted under Section 5.07(b)) and, to the knowledge of the Borrower, no facts date hereof neither the Borrower or circumstances its Subsidiaries have occurred or existed any liability in respect of a multi-employer pension plan as that could result, or be reasonably anticipated to result, term is defined in the declaration relevant Canadian pension legislation. Except as set forth on Schedule 6.15(b) hereto, as of a termination of any Canadian Pension Plan by any Governmental Authority under Applicable Pension Laws. Each the date hereof each of the Canadian Pension Plans is fully funded in accordance on a going concern basis or solvency basis (using actuarial methods and assumptions which are consistent with the most recent valuations last filed with the applicable Governmental Authorities or commissioned at the request of the Borrower or its Subsidiaries and which are consistent with generally accepted actuarial valuations filed under Applicable Pension Laws, as disclosed to the Administrative Agentprinciples).

Canadian Pension Plan and Benefit Plans. Schedule 5.25 lists all Canadian Benefit Plans and Canadian Pension Plans currently maintained or contributed to the Loan Parties and their Subsidiaries. The Canadian Pension Plans are duly registered under the ITA and all other applicable laws which require registration, except as could not reasonably be expected to result in a Material Adverse Effect. Each Loan Party and each of their Subsidiaries has in all material respects complied with and performed all of its obligations under and in respect of the Canadian Pension Plans and Canadian Benefit Plans under the terms thereof, any funding agreements and all applicable laws (including any fiduciary, funding, investment and administration obligations), except as could not reasonably be expected to result in a Material Adverse Effect. All employer and employee payments, contributions or premiums to be remitted, paid to or in respect of each Canadian Pension Plan or Canadian Benefit Plan have been paid in a timely fashion in accordance compliance in all material respects with the terms thereof, any funding agreement and all applicable laws. There have been no improper withdrawals or applications of the assets of the Canadian Pension Plans or the Canadian Benefit Plans contrary to the terms of the Canadian Pension Plans or the Canadian Benefit Plans, except as could not reasonably be expected to result in a Material Adverse Effectrespectively, or applicable law. No promises of benefit improvements under the Canadian Pension Plans or the Canadian Benefit Plans have been made except where such improvement could not be reasonably expected to have a Material Adverse EffectEffect and, in any event, no such improvements will result in a solvency deficiency or going concern unfunded liability in the affected Canadian Pension Plans. The pension fund under each Canadian Pension Plan is exempt from the payment of any income tax and there are no taxes, penalties or interest owing in respect of any such pension fund. All material reports and disclosures relating to the Canadian Pension Plans required by such plans and any Requirement of Law to be filed or distributed have been filed or distributed, except as could not reasonably be expected to result in a Material Adverse Effect. There has been no partial termination of any Canadian Pension Plan (except as permitted under Section 5.07(b)) and, to the knowledge of the Borrower, and no facts or circumstances have occurred or existed that could result, or be reasonably anticipated to result, in the declaration by a regulatory authority of a partial termination of any Canadian Pension Plan by any Governmental Authority under Applicable Requirements of Law. Except as set forth on Schedule 5.25, there are no outstanding disputes concerning the assets of the Canadian Pension LawsPlans or the Canadian Benefit Plans. Each Except as set forth on Schedule 5.25, each of the Canadian Pension Plans is fully funded in accordance on both a going concern and on a solvency basis (using actuarial methods and assumptions which are consistent with the most recent valuations last filed with the applicable Governmental Authorities and which are consistent with generally accepted actuarial valuations filed under Applicable Pension Laws, as disclosed to the Administrative Agentprinciples). The Loan Parties that are Non-U.S. Subsidiaries do not have employees or own any assets located outside of Canada.

Canadian Pension Plan and Benefit Plans. The Schedule 3.12 lists all Canadian Benefit Plans and Canadian Pension Plans are duly registered under currently maintained or contributed or required to be contributed to by the ITA Borrower and all other applicable laws which require registrationits Subsidiaries. No Canadian Pension Plan is a pension plan as that term is defined in the Pension Benefits Act (Ontario), except as could not reasonably be expected provides defined benefit entitlements to result in its beneficiaries, is unfunded, or funded through a Material Adverse Effectletter of credit or similar instrument. Each Loan Party The Borrower and each of their its Subsidiaries has have complied with and performed all of its their material obligations under and in respect of the Canadian Pension Benefit Plans and Canadian Benefit Pension Plans under the terms thereof, any funding agreements and all applicable laws Applicable Law (including any fiduciary, funding, investment and administration obligations), except as could not reasonably be expected to result in a Material Adverse Effect. All material employer and employee payments, contributions or premiums to be remitted, paid to or in respect of each Canadian Benefit Plan and Canadian Pension Plan or Canadian Benefit Plan have been paid in a timely fashion in accordance with the terms thereof, any funding agreement and all applicable lawsApplicable Law. There have been no material improper withdrawals or applications of the assets of the Canadian Pension Benefit Plans or the Canadian Benefit Pension Plans, except as could not reasonably be expected to result in a Material Adverse Effect. No promises of benefit improvements under the Canadian Pension Benefit Plans or the Canadian Benefit Pension Plans have been made except where such improvement could not be reasonably expected to have a Material Adverse Effect. All material reports and disclosures relating to the Canadian Pension Plans required by such plans and any Requirement of Law to be filed or distributed have been filed or distributed, except as could not reasonably be expected to result in a Material Adverse Effect. There has been no partial termination of any Canadian Pension Plan (except as permitted under Section 5.07(b)) and, to the knowledge of the Borrower, and no facts or circumstances have occurred or existed that could result, result or be reasonably anticipated to result, result in the declaration of a partial termination of any Canadian Pension Plan by any Governmental Authority under Applicable Pension LawsRequirements of Law which could reasonably be expected to have a Material Adverse Effect. Each Except as set forth on Schedule 3.12, (a) there are no outstanding disputes concerning the assets of the Canadian Benefit Plans and Canadian Pension Plans is funded in accordance with the most recent actuarial valuations filed under Applicable Pension Laws, as disclosed to the Administrative Agentand (b) all Canadian Benefit Plans are fully insured.

Canadian Pension Plan and Benefit Plans. As of the SecondThird Amendment Effective Date, Schedule 5.25 lists all Canadian Benefit Plans and Canadian Pension Plans currently maintained or contributed to the Loan Parties and their Subsidiaries. The Canadian Pension Plans are duly registered under the ITA and all other applicable laws which require registration, except as could not reasonably be expected to result in a Material Adverse Effect. Each Loan Party and each of their Subsidiaries has in all material respects complied with and performed all of its obligations under and in respect of the Canadian Pension Plans and Canadian Benefit Plans under the terms thereof, any funding agreements and all applicable laws (including any fiduciary, funding, investment and administration obligations), except as could not reasonably be expected to result in a Material Adverse Effect. All employer and employee payments, contributions or premiums to be remitted, paid to or in respect of each Canadian Pension Plan or Canadian Benefit Plan have been paid in a timely fashion in accordance compliance in all material respects with the terms thereof, any funding agreement and all applicable laws. There have been no improper withdrawals or applications of the assets of the Canadian Pension Plans or the Canadian Benefit Plans contrary to the terms of the Canadian Pension Plans or the Canadian Benefit Plans, except as could not reasonably be expected to result in a Material Adverse Effectrespectively, or applicable law. No promises of benefit improvements under the Canadian Pension Plans or the Canadian Benefit Plans have been made except where such improvement could not be reasonably expected to have a Material Adverse EffectEffect and, in any event, no such improvements will result in a solvency deficiency or going concern unfunded liability in the affected Canadian Pension Plans. The pension fund under each Canadian Pension Plan is exempt from the payment of any income tax and there are no taxes, penalties or interest owing in respect of any such pension fund. All material reports and disclosures relating to the Canadian Pension Plans required by such plans and any Requirement of Law to be filed or distributed have been filed or distributed, except as could not reasonably be expected to result in a Material Adverse Effect. There has been no partial termination of any Canadian Pension Plan (except as permitted under Section 5.07(b)) and, to the knowledge of the Borrower, and no facts or circumstances have occurred or existed that could result, or be reasonably anticipated to result, in the declaration by a regulatory authority of a partial termination of any Canadian Pension Plan by any Governmental Authority under Applicable Requirements of Law. Except as set forth on Schedule 5.25, there are no outstanding disputes concerning the assets of the Canadian Pension LawsPlans or the Canadian Benefit Plans. Each Except as set forth on Schedule 5.25, each of the Canadian Pension Plans is fully funded in accordance on both a going concern and on a solvency basis (using actuarial methods and assumptions which are consistent with the most recent valuations last filed with the applicable Governmental Authorities and which are consistent with generally accepted actuarial valuations filed under Applicable Pension Laws, as disclosed to the Administrative Agent.principles). The Loan Parties that are Non-U.S. Subsidiaries do not have employees or own any assets located outside of Canada. 5.26