Canadian Plans. Each of Group and the Borrower shall cause each of the Canadian Plans to be duly qualified and administered in all material respects in compliance with, as applicable, the Supplemental Pensions Act (Québec) and the Pension Benefits Act (Ontario) and all other applicable laws (including regulations, orders and directives), and the terms of the Canadian Plans and any agreements relating thereto. Each of Group and the Borrower shall ensure that: (a) the Canadian Loan Parties have no unfunded, solvency, or deficiency on windup liability and no accumulated funding deficiency (whether or not waived), or any amount of unfunded benefit liabilities in respect of any Canadian Plan, including any Canadian Plan to be established and administered by it or them; (b) all amounts required to be paid by it or them with respect to any Canadian Plan are paid when due; (c) no liability upon the Borrower or any other Canadian Loan Party or Lien on any of its or their property arises or exists in respect of any Canadian Plan; (d) the Borrower and the other Canadian Loan Parties make all required contributions to any Canadian Plan when due; (e) the Borrower and the other Canadian Loan Parties not engage in a prohibited transaction or violation of the fiduciary responsibility rules with respect to any Canadian Plan that could reasonably be expected to result in liability; and (f) the Borrower and the other Canadian Loan Parties have no Lien on any of its or their property that arises or exists in respect of any Canadian Plan.
Appears in 4 contracts
Samples: Credit Agreement (Warnaco Group Inc /De/), Credit Agreement (Warnaco Group Inc /De/), Credit Agreement (Warnaco Group Inc /De/)
Canadian Plans. Each of Group and the Borrower The Borrowers shall cause each of the its and their Subsidiaries’ Canadian Plans to be duly qualified and administered in all material respects in compliance with, as applicable, the Supplemental Pensions Pension Plans Act (Québec) and the Pension Benefits Act (Ontario) and all other applicable laws Applicable Laws (including regulations, orders and directives), and the terms of the Canadian Plans and any agreements relating thereto. Each of Group and the Borrower The Borrowers shall ensure thatthat it and its Canadian Subsidiaries:
(a) the Canadian Loan Parties a. have no unfunded, solvency, or deficiency on windup liability and no accumulated funding deficiency (whether or not waived), or any amount of unfunded benefit liabilities in respect of any Canadian Plan, including any Canadian Plan to be established and administered by it or them;
(b) b. all amounts required to be paid by it or them with respect to any Canadian Plan are paid when due;
(c) c. no liability upon the Borrower it or any other Canadian Loan Party them or Lien on any of its or their property Property arises or exists in respect of any Canadian Plan;
(d) the Borrower and the other Canadian Loan Parties d. make all required contributions to any Canadian Plan when due;
(e) the Borrower and the other Canadian Loan Parties e. not engage in a prohibited transaction or violation of the fiduciary responsibility rules with respect to any Canadian Plan that could reasonably be expected to result in liability; and
(f) the Borrower and the other Canadian Loan Parties have f. has no Lien on any of its or their property that arises or exists in respect of any Canadian Plan.
Appears in 1 contract
Samples: Loan, Guaranty and Security Agreement (Sanmina-Sci Corp)
Canadian Plans. Each of Group and the Borrower The Borrowers shall cause each of the its and their Subsidiaries' Canadian Plans to be duly qualified and administered in all material respects in compliance with, as applicable, the Supplemental Pensions Pension Plans Act (Québec) and the Pension Benefits Act (Ontario) and all other applicable laws Applicable Laws (including regulations, orders and directives), and the terms of the Canadian Plans and any agreements relating thereto. Each of Group and the Borrower The Borrowers shall ensure thatthat it and its Canadian Subsidiaries:
(a) the Canadian Loan Parties a. have no unfunded, solvency, or deficiency on windup liability and no accumulated funding deficiency (whether or not waived), or any amount of unfunded benefit liabilities in respect of any Canadian Plan, including any Canadian Plan to be established and administered by it or them;
(b) b. all amounts required to be paid by it or them with respect to any Canadian Plan are paid when due;
(c) c. no liability upon the Borrower it or any other Canadian Loan Party them or Lien on any of its or their property Property arises or exists in respect of any Canadian Plan;
(d) the Borrower and the other Canadian Loan Parties d. make all required contributions to any Canadian Plan when due;
(e) the Borrower and the other Canadian Loan Parties e. not engage in a prohibited transaction or violation of the fiduciary responsibility rules with respect to any Canadian Plan that could reasonably be expected to result in liability; and;
(f) the Borrower and the other Canadian Loan Parties have f. has no Lien on any of its or their property that arises or exists in respect of any Canadian Plan; and
g. do not provide benefits on a defined benefit basis.
Appears in 1 contract
Samples: Loan, Guaranty and Security Agreement (Sanmina-Sci Corp)
Canadian Plans. Each of Group and the Borrower shall cause each of the its and its Subsidiaries’ Canadian Plans to be duly qualified and administered in all material respects in compliance with, as applicable, the Supplemental Pensions Pension Plans Act (Québec) and the Pension Benefits Act (Ontario) and all other applicable laws (including regulations, orders and directives), and the terms of the Canadian Plans and any agreements relating thereto. Each of Group and the Borrower shall ensure thatthat it and its Subsidiaries:
(a) the Canadian Loan Parties have no unfunded, solvency, or deficiency on windup liability and no accumulated funding deficiency (whether or not waived), or any amount of unfunded benefit liabilities in respect of any Canadian Plan, including any Canadian Plan to be established and administered by it or them;
(b) all amounts required to be paid by it or them with respect to any Canadian Plan are paid when due;
(c) no liability upon the Borrower it or any other Canadian Loan Party them or Lien on any of its or their property Property arises or exists in respect of any Canadian Plan;
(d) the Borrower and the other Canadian Loan Parties make all required contributions to any Canadian Plan when due;
(e) the Borrower and the other Canadian Loan Parties not engage in a prohibited transaction or violation of the fiduciary responsibility rules with respect to any Canadian Plan that could reasonably be expected to result in liability; and
(f) the Borrower and the other Canadian Loan Parties have has no Lien on any of its or their property that arises or exists in respect of any Canadian Plan.
Appears in 1 contract
Samples: Loan Agreement (Qep Co Inc)