Common use of Compliance with ERISA Clause in Contracts

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 30 contracts

Samples: Term Loan Agreement, Term Loan Agreement (EyePoint Pharmaceuticals, Inc.), Term Loan Agreement (Biodelivery Sciences International Inc)

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Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof Group Member shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 24 contracts

Samples: Second Lien Loan Agreement (Cinedigm Corp.), Credit Agreement (Alere Inc.), Credit Agreement (Cinedigm Corp.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (ai) any event ERISA Event that could would reasonably be expected to result in the imposition of a Lien with respect to under ERISA or Code Section 430(k) on the assets or property of any Title IV Plan Obligor or Multiemployer Plan any of its Subsidiaries or (bii) any other ERISA Event that wouldwould reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 11 contracts

Samples: Forbearance Agreement and Second Amendment to Credit Agreement and Guaranty (Icagen, Inc.), Forbearance Agreement and First Amendment to Credit Agreement and Guaranty (Icagen, Inc.), Forbearance Agreement and Third Amendment to Credit Agreement and Guaranty (Icagen, Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien on any asset of a Credit Party or a Subsidiary of a Credit Party with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof Credit Party shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 11 contracts

Samples: Credit Agreement (Nobilis Health Corp.), Credit Agreement (Entravision Communications Corp), Credit Agreement (Crimson Wine Group, LTD)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (ai) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (bii) any other ERISA Event that wouldcould, in the aggregate, have reasonably be expected to result in a Material Adverse Effect. No Obligor or Subsidiary thereof any of its Subsidiaries shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 10 contracts

Samples: Credit Agreement and Guaranty (Harrow, Inc.), Credit Agreement (Tpi Composites, Inc), Credit Agreement and Guaranty and Revenue Interest Financing Agreement (Impel Pharmaceuticals Inc)

Compliance with ERISA. No Except as would not reasonably be expected to have a Material Adverse Effect, no ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien on any asset of a Credit Party or a Subsidiary of a Credit Party with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event that would, in the aggregate, have a Material Adverse EffectEvent. No Obligor or Subsidiary thereof Credit Party shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan (other than any Title IV Plan) that would reasonably be expected to have a Material Adverse Effect.

Appears in 8 contracts

Samples: Second Lien Note Purchase Agreement (Spinal Elements Holdings, Inc.), Second Lien Note Purchase Agreement (Spinal Elements Holdings, Inc.), Second Lien Note Purchase Agreement (Spinal Elements Holdings, Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could would result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event that would, in the aggregate, have a Material Adverse Effect. No Obligor or any Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit PlanPlan that would have a Material Adverse Effect.

Appears in 7 contracts

Samples: Credit Agreement (IsoPlexis Corp), Credit Agreement and Guaranty (IsoPlexis Corp), Credit Agreement and Guaranty (IsoPlexis Corp)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien on any asset of a Credit Party or a Subsidiary of a Credit Party with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, reasonably be expected to have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 7 contracts

Samples: Credit Agreement (Addus HomeCare Corp), Credit Agreement (Iteris, Inc.), Credit Agreement (Addus HomeCare Corp)

Compliance with ERISA. No Obligor or ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 7 contracts

Samples: Waiver and Consent Agreement (Kadmon Holdings, LLC), Credit Agreement (Kadmon Holdings, LLC), Credit Agreement (Kadmon Holdings, LLC)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 6 contracts

Samples: Term Loan Agreement (Silk Road Medical Inc), Term Loan Agreement (Silk Road Medical Inc), Term Loan Agreement (Silk Road Medical Inc)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof Group Member shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit PlanPlan that would, in the aggregate, have a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (Princeton Review Inc), Omnibus Amendment to Note Documents (Film Department Holdings, Inc.), Senior Subordinated Note Purchase Agreement (Princeton Review Inc)

Compliance with ERISA. No Obligor or ERISA Affiliate shall cause or suffer to exist (a) any event that could would result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, in the case of (a) and (b), that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 5 contracts

Samples: Credit Agreement (SOPHiA GENETICS SA), Credit Agreement and Guaranty (GeneDx Holdings Corp.), Credit Agreement and Guaranty (Biodesix Inc)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could would result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could would result in the imposition of a Lien with respect to any Benefit PlanPlan that would have a Material Adverse Effect.

Appears in 5 contracts

Samples: Term Loan Agreement (Decipher Biosciences, Inc.), Term Loan Agreement (Decipher Biosciences, Inc.), Term Loan Agreement (Decipher Biosciences, Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event that would, individually or in the aggregate, aggregate would have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 4 contracts

Samples: Credit Agreement (Tenet Healthcare Corp), Credit Agreement (Tenet Healthcare Corp), Credit Agreement (Tenet Healthcare Corp)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien on any asset of a Credit Party or a Subsidiary of a Credit Party with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Events, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof Credit Party shall cause or suffer to exist any event that could result in the imposition of a Lien arising with respect to any Benefit Plan.

Appears in 4 contracts

Samples: Credit Agreement (Cryolife Inc), Credit Agreement (Cryolife Inc), Credit Agreement (Cryolife Inc)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could reasonably be expected to result in the imposition of a Lien on any asset of a Credit Party or a Subsidiary of a Credit Party with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse EffectEffect or result in unsecured Liabilities in excess of $10,000,000. No Obligor or Subsidiary thereof Credit Party shall cause or suffer to exist any event that could reasonably be expected to result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 4 contracts

Samples: Debtor in Possession Credit Agreement (Radioshack Corp), Credit Agreement (Radioshack Corp), Credit Agreement (Radioshack Corp)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien on any asset of any Borrower with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 4 contracts

Samples: Credit Agreement (Emeritus Corp\wa\), Credit Agreement (Emeritus Corp\wa\), Credit Agreement (Emeritus Corp\wa\)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien in excess of the US Dollar Equivalent of $500,000 on any asset of a Credit Party or a Subsidiary of a Credit Party with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof Credit Party shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 4 contracts

Samples: Credit Agreement (International Textile Group Inc), Credit Agreement (International Textile Group Inc), Credit Agreement (International Textile Group Inc)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien on any asset of a Loan Party or a Subsidiary of a Loan Party with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof Loan Party shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 4 contracts

Samples: Loan and Security Agreement (1847 Goedeker Inc.), Loan and Security Agreement (1847 Goedeker Inc.), Loan and Security Agreement (1847 Holdings LLC)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event that would, in the aggregate, would have a Material Adverse EffectEffect in the aggregate. No Obligor or Subsidiary thereof Group Member shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 4 contracts

Samples: Credit Agreement (Tenet Healthcare Corp), Credit Agreement (Tenet Healthcare Corp), Credit Agreement (Tenet Healthcare Corp)

Compliance with ERISA. No ERISA Affiliate of any Obligor shall cause or suffer to exist (a) any event that could would result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit PlanPlan that would have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement and Guaranty (Trinity Biotech PLC), Credit Agreement (Trinity Biotech PLC), Credit Agreement (Trinity Biotech PLC)

Compliance with ERISA. No Obligor or ERISA Affiliate shall cause or suffer to exist (ai) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (bii) any other ERISA Event that wouldcould, in the aggregate, have reasonably be expected to result in a Material Adverse Effect. No Obligor or Subsidiary thereof any of its Subsidiaries or any ERISA Affiliate shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 3 contracts

Samples: Credit Agreement (scPharmaceuticals Inc.), Credit Agreement (Seres Therapeutics, Inc.), Credit Agreement (scPharmaceuticals Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien on any material asset of a Credit Party or a Subsidiary of a Credit Party with respect to any Title IV Plan or Multiemployer Plan or Benefit Plan, (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor Effect or Subsidiary thereof shall cause or suffer to exist (c) any event that could result in the imposition of a Lien on any material asset of a Credit Party or a Subsidiary of a Credit Party with respect to any Benefit Plan.

Appears in 3 contracts

Samples: Credit Agreement (Banctec Inc), Credit Agreement (Banctec Inc), Credit Agreement (Banctec Inc)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien on any asset of a Credit Party or a Subsidiary of a Credit Party with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effectresult in Liabilities in excess of $250,000. No Obligor or Subsidiary thereof Credit Party shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 3 contracts

Samples: Loan and Security Agreement (Sigmatron International Inc), Credit Agreement (Diplomat Pharmacy, Inc.), Credit Agreement (Essex Rental Corp.)

Compliance with ERISA. No Obligor or any ERISA Affiliate thereof shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or Plan, (b) any other ERISA Event that would, in the aggregate, have a Material Adverse Effect. No Obligor , or Subsidiary thereof shall cause or suffer to exist (c) any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 3 contracts

Samples: Term Loan Agreement (Strongbridge Biopharma PLC), Term Loan Agreement (Strongbridge Biopharma PLC), Term Loan Agreement

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien on any asset of a Credit Party or a Subsidiary of a Credit Party with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 3 contracts

Samples: Credit Agreement (Papa Murphy's Holdings, Inc.), Credit Agreement (Papa Murphy's Holdings, Inc.), Credit Agreement (Papa Murphy's Holdings, Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (ai) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (bii) any other ERISA Event that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 3 contracts

Samples: Credit Agreement (Sonendo, Inc.), Credit Agreement (Sonendo, Inc.), Credit Agreement (Sonendo, Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could would reasonably be expected to result in the imposition of a Lien on any asset of a Credit Party or a Subsidiary of a Credit Party with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof Credit Party shall cause or suffer to exist any event that could would reasonably be expected to result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 3 contracts

Samples: Second Lien Credit Agreement (Truck Hero, Inc.), Credit Agreement (Truck Hero, Inc.), Credit Agreement (TA THI Parent, Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 3 contracts

Samples: Term Loan Agreement (Correvio Pharma Corp.), Term Loan Agreement (Cardiome Pharma Corp), Term Loan Agreement (Cardiome Pharma Corp)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 3 contracts

Samples: Term Loan Agreement (Corium International, Inc.), Term Loan Agreement (Corium International, Inc.), Term Loan Agreement (Corium International, Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could would reasonably be expected to result in the imposition of a Lien on any asset of a Borrower or a Subsidiary of a Borrower with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in Liabilities in excess of the imposition of a Lien with respect to any Benefit PlanThreshold Amount.

Appears in 3 contracts

Samples: Credit Agreement (Mediaco Holding Inc.), Second Lien Term Loan Agreement (Mediaco Holding Inc.), Term Loan Agreement (Mediaco Holding Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (ai) any event event, including an ERISA Event, that could result in the imposition of a Lien on any asset of a Note Party or a Subsidiary of a Note Party with respect to any Benefit Plan, Title IV Plan or Multiemployer Plan (other than Liens encumbering Property having a book and fair market value of less than $1,000,000) or (bii) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition Liabilities in excess of a Lien with respect to any Benefit Plan$5,000,000.

Appears in 2 contracts

Samples: Senior Secured Priming Super Priority Debtor in Possession Note Purchase Agreement (Constar International Inc), Restructuring and Lock Up Agreement (Constar International Inc)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit PlanPlan that would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Term Loan Agreement (Dynavax Technologies Corp), Term Loan Agreement (Synergy Pharmaceuticals, Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (ai) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (bii) any other ERISA Event that wouldthat, in the aggregate, have could reasonably be expected to result in a Material Adverse Effect. No Obligor or Subsidiary thereof Neither the Borrower nor any of its Subsidiaries shall cause or suffer to exist permit the occurrence of any event that could result in the imposition of a Lien with respect to any Benefit PlanPlan (other than Permitted Liens).

Appears in 2 contracts

Samples: Credit Agreement (ArcherDX, Inc.), Credit Agreement (ArcherDX, Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could would reasonably be expected to result in the imposition of a Lien on any asset of a Borrower or a Subsidiary of a Borrower with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effectresult in Liabilities in excess of $1,000,000. No Obligor or Subsidiary thereof Borrower shall cause or suffer to exist any event that could would reasonably be expected to result in the imposition of a Lien with respect to any Benefit Plan or Multiemployer Plan.

Appears in 2 contracts

Samples: Term Loan Agreement (Mediaco Holding Inc.), Term Loan Agreement (Mediaco Holding Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Benefit Plan or (b) any other ERISA Event that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 2 contracts

Samples: Term Loan Agreement (Alignment Healthcare, Inc.), Term Loan Agreement (Alignment Healthcare, Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could would reasonably be expected to result in the imposition of a Lien on the assets of a Group Member with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that wouldwould reasonably be expected, in the case of clauses (a) and (b), in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 2 contracts

Samples: Credit Agreement (Townsquare Media, Inc.), Subordinated Notes Agreement (Townsquare Media, Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (ai) any event that could would result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (bii) any other ERISA Event that wouldthat, in each case, in the aggregate, have could reasonably be expected to result in a Material Adverse Effect. No Obligor or Subsidiary thereof None of the Obligors nor any of their Subsidiaries shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit PlanPlan (other than Permitted Liens) that could reasonably be expected to result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Oyster Point Pharma, Inc.), Credit Agreement (Oyster Point Pharma, Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (ai) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (bii) any other ERISA Event that wouldthat, in the aggregate, have could reasonably be expected to result in a Material Adverse Effect. No Obligor or Subsidiary thereof nor any of its Subsidiaries shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit PlanPlan (other than Permitted Liens).

Appears in 2 contracts

Samples: Credit Agreement and Guaranty (Pear Therapeutics, Inc.), Credit Agreement and Guaranty (Pear Therapeutics, Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could would result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event that would, in the aggregate, have a Material Adverse Effect. No Obligor or Neither Borrower nor any Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit PlanPlan that would have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Zymeworks Inc.), Credit Agreement (Zymeworks Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit PlanPlan that would have a Material Adverse Effect.

Appears in 2 contracts

Samples: Term Loan Agreement (Omeros Corp), Term Loan Agreement (Omeros Corp)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could reasonably be expected to result in the imposition of a Lien with respect to any Title IV Plan, Multiemployer Plan or Multiemployer Benefit Plan or (b) any other ERISA Event that Event, that, with respect to both (a) and (b), would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 2 contracts

Samples: Credit Agreement (Duff & Phelps Corp), Credit Agreement (Duff & Phelps CORP)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien on any asset of a Credit Party or a Subsidiary of a Credit Party with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effectresult in Liabilities in excess of $1,000,000. No Obligor or Subsidiary thereof Credit Party shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 2 contracts

Samples: Credit Agreement (Diplomat Pharmacy, Inc.), Credit Agreement (Talbots Inc)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could reasonably be expected to result in the imposition of a Lien on any asset of a Credit Party or a Subsidiary of a Credit Party with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effectresult in Liabilities in excess of $5,000,000. No Obligor or Subsidiary thereof Credit Party shall cause or suffer to exist any event that could reasonably be expected to result in the imposition of a Lien with respect to any Benefit Plan or Multiemployer Plan.

Appears in 2 contracts

Samples: Term Loan Agreement (Furniture Brands International Inc), Credit Agreement (Furniture Brands International Inc)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could reasonably be expected to result in the imposition of a Lien on any asset of a Credit Party or a Restricted Subsidiary of a Credit Party with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof Credit Party shall cause or suffer to exist any event that could reasonably be expected to result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 2 contracts

Samples: Credit Agreement (Constellium N.V.), Credit Agreement (Constellium N.V.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect under ERISA or Code Sections 412 or 430 or any other ERISA Event, that could, either individually or in the aggregate, have a Material Adverse Effect. The ERISA Affiliate shall provide notice to any Benefit PlanAdministrative Agent if such an event shall occur.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Clearlake Capital Partners, LLC), Second Lien Credit Agreement (Goamerica Inc)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could would reasonably be expected to result in the imposition of a Lien on any asset of a Credit Party or a Restricted Subsidiary of a Credit Party with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof Credit Party shall cause or suffer to exist any event that could would reasonably be expected to result in the imposition of a Lien on any asset with respect to any Benefit Plan.

Appears in 2 contracts

Samples: Credit Agreement (Axiall Corp/De/), Credit Agreement (Axiall Corp/De/)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (ai) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (bii) any other ERISA Event that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 2 contracts

Samples: Credit Agreement (Neuronetics, Inc.), Credit Agreement (Aquestive Therapeutics, Inc.)

Compliance with ERISA. No Except as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, no ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien on any asset of a Credit Party with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit PlanEvent.

Appears in 2 contracts

Samples: Credit Agreement (Victor Technologies Group, Inc.), Credit Agreement (Thermadyne Australia Pty Ltd.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall, nor shall it permit any of its Subsidiaries to, cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 2 contracts

Samples: Term Loan Agreement (P3 Health Partners Inc.), Term Loan Agreement (Treace Medical Concepts, Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effectreasonably be expected to result in liabilities in excess of $50,000. No Obligor or Subsidiary thereof Credit Party shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 2 contracts

Samples: Term Loan, Guarantee and Security Agreement (EVmo, Inc.), Term Loan, Guarantee and Security Agreement (Xfone Inc.)

Compliance with ERISA. No Obligor or any ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could reasonably be expected to result in the imposition of a Lien with respect to any Benefit Plan or any Title IV Plan or Multiemployer Plan.

Appears in 1 contract

Samples: Term Loan Agreement (T2 Biosystems, Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could would reasonably be expected to result in the imposition of a Lien on any asset of a Credit Party or a Subsidiary of a Credit Party with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof Credit Party shall cause or suffer to exist any event that could would reasonably be expected to result in the imposition of a Lien on any asset with respect to any Benefit Plan.

Appears in 1 contract

Samples: Credit Agreement (Georgia Gulf Corp /De/)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien on any asset of a Credit Party or a Restricted Subsidiary of a Credit Party with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof Credit Party shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 1 contract

Samples: Credit Agreement (Constellium N.V.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event that wouldcould reasonably be expected to, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof ERISA Affiliate shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Title IV Plan. AMENDED AND RESTATED CREDIT AGREEMENT J. CREW GROUP, INC.

Appears in 1 contract

Samples: Credit Agreement (J Crew Group Inc)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof Group Member shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.. TERM LOAN CREDIT AGREEMENT [DAYTON SUPERIOR CORPORATION]

Appears in 1 contract

Samples: Term Loan Credit Agreement (Dayton Superior Corp)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (ai) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (bii) any other ERISA Event that wouldthat, in the aggregate, have could reasonably be expected to result in a Material Adverse Effect. No Neither any Obligor or Subsidiary thereof nor any of its Subsidiaries shall cause or suffer to exist permit the occurrence of any event that could result in the imposition of a Lien with respect to any Benefit PlanPlan (other than Permitted Liens).

Appears in 1 contract

Samples: Credit Agreement (Foamix Pharmaceuticals Ltd.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could would reasonably be expected to result in the imposition of a Lien on any asset of a Credit Party or a Subsidiary of a Credit Party with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof Credit Party shall cause or suffer to exist any event that could result in the imposition of a Lien (except for any Liens which are subordinate to the Liens securing Obligations) with respect to any Benefit Plan.

Appears in 1 contract

Samples: Credit Agreement (WII Components, Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien on any asset of a Credit Party or a Subsidiary of a Credit Party with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof Credit Party shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Title IV Plan or Multiemployer Plan.

Appears in 1 contract

Samples: Credit Agreement (Affymetrix Inc)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effectreasonably be expected to result in liabilities in excess of the Threshold Amount. No Obligor or Subsidiary thereof Credit Party shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 1 contract

Samples: Term Loan, Guaranty and Security Agreement (Horizon Offshore Inc)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien on any asset of a Credit Party or a Subsidiary of a Credit Party with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof Credit Party shall cause or suffer to exist any event that could result in the imposition of a Lien on any asset of a Credit Party having a value in excess of $2,000,000 with respect to any Benefit Plan.

Appears in 1 contract

Samples: Credit Agreement (Metropolitan Health Networks Inc)

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Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could reasonably be expected to result in the imposition of a Lien on any asset of a Credit Party or a Domestic Subsidiary of a Credit Party with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have or would reasonably be expected to have, a Material Adverse Effect. No Obligor or Subsidiary thereof Credit Party shall cause or suffer to exist any event that could reasonably be expected to result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 1 contract

Samples: Credit Agreement (NxStage Medical, Inc.)

Compliance with ERISA. No Neither Borrower nor any ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 1 contract

Samples: Term Loan Agreement (Sanara MedTech Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could reasonably be expected to result in the imposition of a Lien against the assets of a Group Member with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that wouldwould reasonably be expected, in the aggregate, to have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 1 contract

Samples: Credit Agreement (Townsquare Media, LLC)

Compliance with ERISA. (a) No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event that which would, individually or in the aggregate, have a Material Adverse Effect. . (b) No US Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan that is a defined benefit pension plan other than a Title IV Plan or Multiemployer Plan, which would, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Senior Term Facilities Agreement (NeoGames S.A.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien on any asset of a Credit Party or a Subsidiary of a Credit Party with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effectresult in Liabilities in excess of $350,000. No Obligor or Subsidiary thereof Credit Party shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 1 contract

Samples: Credit Agreement (Landec Corp \Ca\)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could would reasonably be expected to result in the imposition of a Lien on any asset of a Borrower or a Subsidiary of a Borrower with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effectresult in Liabilities in excess of $200,000. No Obligor or Subsidiary thereof Borrower shall cause or suffer to exist any event that could would reasonably be expected to result in the imposition of a Lien with respect to any Benefit Plan or Multiemployer Plan.

Appears in 1 contract

Samples: Term Loan Agreement (Standard Diversified Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof The Borrower shall not cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 1 contract

Samples: Term Loan Agreement (Cinedigm Corp.)

Compliance with ERISA. No Obligor or ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan. (1) Note to draft: Conform to Convertible and Non-

Appears in 1 contract

Samples: Security Agreement (Kadmon Holdings, LLC)

Compliance with ERISA. No Obligor or any of its Subsidiaries or any ERISA Affiliate shall cause or suffer to exist (ai) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (bii) any other ERISA Event that wouldthat, in either case, could, in the aggregate, have reasonably be expected to result in a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 1 contract

Samples: Credit Agreement (Fractyl Health, Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (ai) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (bii) any other ERISA Event that in each case, would, in the aggregate, have reasonably be expected to result in a Material Adverse Effect. No Obligor or Subsidiary thereof any of its Subsidiaries shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any material Benefit Plan.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Verona Pharma PLC)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effectreasonably be expected to result in liabilities in excess of the Threshold Amount. No Obligor or Subsidiary thereof Borrower shall not cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 1 contract

Samples: Loan Agreement (Horizon Offshore Inc)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could would result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or any Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit PlanPlan that would have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Molecular Templates, Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effectreasonably be expected to result in Liabilities in excess of $500,000. No Obligor or Subsidiary thereof Credit Party shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 1 contract

Samples: Loan Agreement (Leucadia National Corp)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien on any asset of a Credit Party or a Subsidiary thereof with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof None of the Credit Parties shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 1 contract

Samples: Credit Agreement (Ute Energy Upstream Holdings LLC)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien on any asset of a Loan Party or a Subsidiary of a Loan Party with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, in either case, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 1 contract

Samples: Loan and Security Agreement (Surmodics Inc)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof Group Member shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan. CREDIT AGREEMENT MEDICAL STAFFING NETWORK, INC.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Medical Staffing Network Holdings Inc)

Compliance with ERISA. No ERISA Affiliate AffiliateGroup Member shall cause or suffer to exist (a) any event that could will result in the imposition of a Lien on the assets of any Group Member with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 1 contract

Samples: Credit Agreement (White Mountains Insurance Group LTD)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (ai) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (bii) any other ERISA Event that would, in the aggregate, have reasonably be expected to result in a Material Adverse Effect. No Obligor or Subsidiary thereof any of its Subsidiaries shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 1 contract

Samples: Credit Agreement (BioXcel Therapeutics, Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (ai) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (bii) any other ERISA Event that wouldthat, in the aggregate, have could reasonably be expected to result in a Material Adverse Effect. No Obligor or Subsidiary thereof Neither the Borrower nor any of its Subsidiaries shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit PlanPlan (other than Permitted Liens).

Appears in 1 contract

Samples: Credit Agreement (Thimble Point Acquisition Corp.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof Group Member shall cause or suffer to exist any event that could would result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 1 contract

Samples: Credit Agreement (Palm Harbor Homes Inc /Fl/)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could would result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event that that, in each case, would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could would result in the imposition of a Lien with respect to any Benefit PlanPlan that would, in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Term Loan Agreement (Viveve Medical, Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien on any asset of a Credit Party or a Subsidiary of a Credit Party with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof Credit Party shall cause or suffer to exist any event that could result in the imposition of a Lien on any asset of a Credit Party having a value in excess of $2,200,000 with respect to any Benefit Plan.

Appears in 1 contract

Samples: Credit Facility (Metropolitan Health Networks Inc)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (ai) any event that could would reasonably be expected to result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (bii) any other ERISA Event that wouldcould, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 1 contract

Samples: Credit Agreement (Vapotherm Inc)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event event, including an ERISA Event, that could result in the imposition of a Lien on any asset of a Credit Party or a Subsidiary of a Credit Party with respect to any Benefit Plan, Title IV Plan or Multiemployer Plan (other than Liens encumbering Property not constituting Eligible Accounts or Eligible Inventory having a book and fair market value of less than $1,000,000) or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition Liabilities in excess of a Lien with respect to any Benefit Plan$5,000,000.

Appears in 1 contract

Samples: Credit Agreement (Constar International Inc)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could reasonably be expected to result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof Group Member shall cause or suffer to exist any event that could reasonably be expected to result in the imposition of a Lien on a Group Member or any material property of a Group Member with respect to any Benefit Plan.

Appears in 1 contract

Samples: Credit Agreement (Westwood One Inc /De/)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect under ERISA or Code Sections 412 or 430 or any other ERISA Event, that could, either individually or in the aggregate, have a Material Adverse Effect. The ERISA Affiliate shall provide notice to any Benefit PlanAgents if such an event shall occur.

Appears in 1 contract

Samples: Credit Agreement (Goamerica Inc)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien on any asset of a Credit Party or a Subsidiary of a Credit Party with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effectresult in Liabilities in excess of $750,000. No Obligor or Subsidiary thereof Credit Party shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 1 contract

Samples: Credit Agreement (Igi Laboratories, Inc)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien on any asset of an Applicant or a Subsidiary of an Applicant with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effectresult in Liabilities in excess of $500,000. No Obligor or Subsidiary thereof Applicant shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.. Table of Contents

Appears in 1 contract

Samples: Letter of Credit Agreement (dELiAs, Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event that wouldcould reasonably be expected to, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof ERISA Affiliate shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Title IV Plan.

Appears in 1 contract

Samples: Credit Agreement (J Crew Group Inc)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (ai) any event that could reasonably be expected to result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (bii) any other ERISA Event that wouldcould reasonably be expected to, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 1 contract

Samples: Credit Agreement (Apyx Medical Corp)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (ai) any event that could reasonably be expected to result in the imposition of a Lien against it with respect to any Title IV Plan or Multiemployer Plan or (bii) any other ERISA Event that wouldthat, in the aggregate, have could reasonably be expected to result in a Material Adverse Effect. No Neither any Obligor or Subsidiary thereof nor any of its Subsidiaries shall cause or suffer to exist permit the occurrence of any event that could result in the imposition of a Lien with respect to any Benefit PlanPlan (other than Permitted Liens).

Appears in 1 contract

Samples: Credit Agreement (Menlo Therapeutics Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could will result in the imposition of a Lien on the assets of any Group Member with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 1 contract

Samples: Credit Agreement (White Mountains Insurance Group LTD)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (ai) any event that could reasonably be expected to result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (bii) any other ERISA Event that would, in the aggregate, have reasonably be expected to result in a Material Adverse Effect. No Obligor or Subsidiary thereof any of its Subsidiaries shall cause or suffer to exist any event that could reasonably be expected result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 1 contract

Samples: Credit Agreement (Adma Biologics, Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could would reasonably be expected to result in the imposition of a Lien on any asset of a Borrower or a Subsidiary of a Borrower with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effectresult in Liabilities in excess of $100,000. No Obligor or Subsidiary thereof Borrower shall cause or suffer to exist any event that could would reasonably be expected to result in the imposition of a Lien with respect to any Benefit Plan or Multiemployer Plan.

Appears in 1 contract

Samples: Term Loan Agreement (Standard Diversified Opportunities Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could would result in the imposition of a Lien on any Property of any Obligor with a value exceeding $1,000,000 with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event that would, in the aggregate, have a Material Adverse Effect. No Obligor or any Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit PlanPlan that would have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Agile Therapeutics Inc)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or any property of a Borrower or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effectreasonably be expected to result in liabilities. No Obligor or Subsidiary thereof Borrowers shall not cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 1 contract

Samples: Loan and Security Agreement (MMC Energy, Inc.)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could reasonably be expected to result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.or

Appears in 1 contract

Samples: Second Lien Credit Agreement (Westwood One Inc /De/)

Compliance with ERISA. No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, be reasonably expected to have a Material Adverse Effect. No Obligor or Subsidiary thereof Group Member shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 1 contract

Samples: Credit Agreement (Medquist Inc)

Compliance with ERISA. (a) No ERISA Affiliate shall cause or suffer to exist (a) any event that could result in the imposition of a Lien with respect to any Title IV Plan or Multiemployer Plan or (b) any other ERISA Event Event, that would, in the aggregate, have a Material Adverse Effect. No Obligor or Subsidiary thereof Group Member shall cause or suffer to exist any event that could result in the imposition of a Lien with respect to any Benefit Plan.

Appears in 1 contract

Samples: Credit Agreement (SXC Health Solutions Corp.)

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