Canadian Pensions. (i) (x) Copies of all actuarial reports and any other material reports which have been filed with a Governmental Authority with respect to each Canadian Defined Benefit Plan, promptly after filing and (y) any material direction, order, notice, ruling or opinion related to funding, windup or termination of any Canadian Defined Benefit Plan that any Canadian Loan Party may receive from a Governmental Authority with respect to any Canadian Defined Benefit Plan, promptly after receipt.
Canadian Pensions. (i) If requested by the Administrative Agent, promptly after such request (i) (x) Ccopies of all actuarial reports and any other material reports which have been filed with a Governmental Authority with respect to each Canadian Defined Benefit Plan, promptly after filing and (y) any material direction, order, notice, ruling or opinion related to funding, windup or termination of any Canadian Defined Benefit Plan that any Canadian Loan Party may receive from a Governmental Authority with respect to any Canadian Defined Benefit Plan, promptly after receipt.
(ii) Promptly after any Responsible Officer of the Canadian Borrower obtains actual knowledge thereof, (v) a Canadian Pension Termination Event, (w) the failure in any material respect to make a required contribution to or payment under any Canadian Benefit Plan when due in accordance with its terms and applicable laws, (x) the occurrence of any event which is reasonably likely to result in any Canadian Loan Party incurring any liability, fine or penalty with respect to any Canadian Benefit Plan that could reasonably be expected to have a Material Adverse Effect, (y) the establishment of any new plan which, if it currently existed, would be a Canadian Defined Benefit Plan, or any change to an existing Canadian Defined Benefit Plan that could reasonably be expected to have a Material Adverse Effect or (z) the acquisition of an interest in any Person if such Person sponsors, administers, or participates in, or has any liability in respect of, any Canadian Defined Benefit Plan.
Canadian Pensions. Effective as of the Distribution Date, the Agribusiness Employees participating in the defined benefit pension plan sponsored by Xxxxxxx Purina Canada Inc. (the "Xxxxxxx Canadian Pension Plan") shall cease to accrue further benefits under such plan, and all liabilities for benefits accrued by such individuals as of such Distribution Date shall be transferred to a new pension plan (the "Agribrands Canadian Pension Plan") established by Newco Canada, an Affiliate of Agribrands, the terms of which are substantially the same as those of the Xxxxxxx Canadian Pension Plan. The Agribrands Canadian Pension Plan shall give the Agribusiness Employees credit, for purposes of eligibility, vesting and benefit accrual, for service with the Xxxxxxx Group on or prior to the Distribution Date, to the extent such service was recognized under the Xxxxxxx Canadian Pension Plan. Benefits accrued by Former Agribusiness Employees under the Xxxxxxx Canadian Pension Plan shall remain liabilities of such plan. Xxxxxxx shall, as soon as practicable after the Distribution Date, cause Xxxxxxx Purina Canada Inc. to transfer from the Xxxxxxx Canadian Pension Plan to the Agribrands Canadian Pension Plan an amount (the "Transfer Amount") equal to (i) the present value of benefits accrued by the Agribusiness Employees as of the Distribution Date (determined on the greater of an ongoing concern or solvency basis in accordance with plan documents, plan interpretations specified therein and actuarial assumptions as used in the last filed actuarial report adjusted as necessary to comply with legislation and regulatory authorities), plus (ii) a proportionate share of the defined benefit assets held in the Xxxxxxx Canadian Pension Plan in excess of the present value of defined benefit liabilities for all participants in the plan as of that date, plus (iii) interest based on the Xxxxxxx Canadian Pension Plan rate of return on the Transfer Amount as at the Distribution Date from the Distribution Date to the actual transfer date, less any expenses, less (iv) an adjustment for the value of benefits for Agribusiness Employees who terminate, die or retire after the Distribution Date and prior to the actual transfer date. Such transfer shall be conditioned upon receipt of, and subject to, all requisite governmental and other approvals and consents and if a different Transfer Amount is required by applicable regulatory authorities, an adjustment to the Transfer Amount will be made. Upon completion of th...
Canadian Pensions. In the case of any Canadian Subsidiaries (to the extent any Canadian Pension Plans exist):
(a) Ensure that, for each Canadian Pension Plan, each Canadian Subsidiary complies, in a timely fashion, with and perform in all material respects all of its obligations under and in respect of such Canadian Pension Plan, including under any funding agreements and all applicable Requirements of Law (including any fiduciary, funding, investment and administration obligations);
(b) Ensure that all employer or employee payments, contributions or premiums required to be remitted, paid to or in respect of each Canadian Pension Plan and Canadian Multiemployer Plan are paid or remitted by the Canadian Subsidiaries in a timely fashion in accordance with the terms thereof, any funding agreements, the terms of any applicable collective bargaining agreement, and all Requirements of Law; and
(c) Deliver to the Administrative Agent (A) if reasonably requested by the Administrative Agent, copies of each annual and other return, report or valuation with respect to each Canadian Pension Plan as filed with any applicable Governmental Authority; (B) promptly after receipt thereof, a copy of any direction, order, notice, ruling or opinion that any Canadian Subsidiary may receive from any applicable Governmental Authority with respect to any Canadian Pension Plan; and (C) notification within thirty days of the establishment of any Canadian Pension Plan, or the commencement of contributions to any such plan to which such Canadian Subsidiary was not previously contributing, including, for greater certainty, in the event of the acquisition of any Person if such Person sponsors, administers, or participates in, or has any liability or obligation in respect of, a Canadian Pension Plan.
Canadian Pensions. (i) the Borrowers or any of their Subsidiaries shall, directly or indirectly, terminate or cause to terminate, in whole or in part, or initiate the termination of, in whole or in part, any Canadian Pension Plan; (ii) [reserved]; (iii) a going concern unfunded liability or a solvency deficiency exists under any Canadian Pension Plan; (iv) the Borrowers or any of their Subsidiaries shall fail to make minimum required contributions to amortize any funding deficiencies under a Canadian Pension Plan within the time period set out in applicable Laws or fail to make a required contribution under any Canadian Pension Plan or Canadian Benefit Plan which could result in the imposition of a Lien upon the assets of the Borrowers or any of their Subsidiaries; or (v) the Borrowers or any of their Subsidiaries makes any improper withdrawals or applications of assets of a Canadian Pension Plan or Canadian Benefit Plan which, with respect to each of the foregoing clauses of this Section 9.01(n), would reasonably be expected to have a Material Adverse Effect. Solely for the purpose of determining whether a Default or Event of Default has occurred under clause (f) or (g) of Section 9.01, any reference in any such clause to any Restricted Subsidiary shall be deemed to exclude any Immaterial Subsidiary (provided however that all Restricted Subsidiaries affected by any event or circumstance referred to in any such clause shall be considered together, as a single consolidated Restricted Subsidiary, for purposes of determining whether the condition specified above is satisfied).
