Common use of Deliver to Agent Clause in Contracts

Deliver to Agent. (i) promptly, and in any event within 10 Business Days after Borrowers or any of their Subsidiaries knows or has reason to know that an ERISA Event has occurred that reasonably could be expected to result in a Material Adverse Change, a written statement of the chief financial officer of Borrowers describing such ERISA Event and any action that is being taking with respect thereto by any Borrower, any such Subsidiary or ERISA Affiliate, and any action taken or threatened by the IRS, Department of Labor, or PBGC and Borrowers or such Subsidiary, as applicable, shall be deemed to know all facts known by the administrator of any Benefit Plan of which it is the plan sponsor, (ii) promptly, and in any event within 3 Business Days after the filing thereof with the IRS, a copy of each funding waiver request filed with respect to any Benefit Plan and all communications received by Borrowers, any of their Subsidiaries or, to the knowledge of Borrowers, any ERISA Affiliate with respect to such request, and (iii) promptly, and in any event within 3 Business Days after receipt by Borrowers, any of their Subsidiaries or, to the knowledge of Borrowers, any ERISA Affiliate, of the PBGC's intention to terminate a Benefit Plan or to have a trustee appointed to administer a Benefit Plan, copies of each such notice.

Appears in 2 contracts

Samples: Loan and Security Agreement (Fao Inc), Loan and Security Agreement (Right Start Inc /Ca)

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Deliver to Agent. (i) promptly, and in any event within 10 Business Days after Borrowers Borrower or any of their its Subsidiaries knows know or has have reason to know that an ERISA Event has occurred that reasonably could be expected to result in a Material Adverse Change, a written statement of the chief financial officer of Borrowers Borrower or such Subsidiary describing such ERISA Event and any action that is being taking with respect thereto by any Borrower, any such Subsidiary Borrower or its Subsidiaries or their ERISA AffiliateAffiliates, and any action taken or threatened by the IRS, Department of Labor, or PBGC PBGC; Borrower and Borrowers or such Subsidiary, as applicable, its Subsidiaries shall be deemed to know all facts known by the administrator of any Benefit Plan of which it is the plan sponsor, (ii) promptly, and in any event within 3 three Business Days after the filing thereof with the IRS, a copy of each funding waiver request filed with respect to any Benefit Plan and all communications received by Borrowers, any of their Borrower or its Subsidiaries or, to the knowledge of BorrowersBorrower or its Subsidiaries, any ERISA Affiliate with respect to such request, and (iii) promptly, and in any event within 3 three Business Days after receipt by Borrowers, any Borrower or its Subsidiaries of their Subsidiaries or, to the knowledge of Borrowers, any ERISA Affiliate, notice of the PBGC's ’s intention to terminate a Benefit Plan or to have a trustee appointed to administer a Benefit Plan, copies of each such notice.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Bakers Footwear Group Inc), Second Lien Credit Agreement (Bakers Footwear Group Inc)

Deliver to Agent. (i) promptly, and in any event within 10 Business Days after Borrowers such Borrower or any of their its Subsidiaries knows or has reason to know that an ERISA Event has occurred that reasonably could be expected to result in a Material Adverse Change, a written statement of the chief financial officer of Borrowers such Borrower describing such ERISA Event and any action that is being taking with respect thereto by any Borrower, any such Subsidiary or ERISA Affiliate, and any action taken or threatened by the IRS, Department of Labor, or PBGC and Borrowers PBGC. Such Borrower or such Subsidiary, as applicable, shall be deemed to know all facts known by the administrator of any Benefit Plan of which it is the plan sponsor, (ii) promptly, and in any event within 3 three Business Days after the filing thereof with the IRS, a copy of each funding waiver request filed with respect to any Benefit Plan and all communications received by Borrowerssuch Borrower, any of their its Subsidiaries or, to the knowledge of Borrowerssuch Borrower, any ERISA Affiliate with respect to such request, and (iii) promptly, and in any event within 3 three Business Days after receipt by Borrowerssuch Borrower, any of their its Subsidiaries or, to the knowledge of Borrowerssuch Borrower, any ERISA Affiliate, of the PBGC's ’s intention to terminate a Benefit Plan or to have a trustee appointed to administer a Benefit Plan, copies of each such notice.

Appears in 1 contract

Samples: Loan and Security Agreement (Leslies Poolmart Inc)

Deliver to Agent. (i) promptlyPromptly, and in any event within 10 Business Days after Borrowers Borrower or any of their its Subsidiaries knows or has reason to know that an ERISA Event has occurred that reasonably could be expected to result in a Material Adverse Change, a written statement of the chief financial officer of Borrowers Borrower describing such ERISA Event and any action that is being taking with respect thereto by any Borrower, any such Subsidiary or ERISA Affiliate, and any action taken or threatened by the IRS, Department of Labor, or PBGC and Borrowers PBGC. Borrower or such Subsidiary, as applicable, shall be deemed to know all facts known by the administrator of any Benefit Plan of which it is the plan sponsor, (ii) promptly, and in any event within 3 three Business Days after the filing thereof with the IRS, a copy of each funding waiver request filed with respect to any Benefit Plan and all communications received by BorrowersBorrower, any of their its Subsidiaries or, to the knowledge of BorrowersBorrower, any ERISA Affiliate with respect to such request, and (iii) promptly, and in any event within 3 Business Days after receipt by BorrowersBorrower, any of their its Subsidiaries or, to the knowledge of BorrowersBorrower, any ERISA Affiliate, of the PBGC's intention to terminate a Benefit Plan or to have a trustee appointed to administer a Benefit Plan, copies of each such notice.

Appears in 1 contract

Samples: Loan and Security Agreement (Todays Man Inc)

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Deliver to Agent. (i) promptly, and in any event within 10 Business Days after Borrowers Borrower or any of their its Subsidiaries knows know or has have reason to know that an ERISA Event has occurred that reasonably could be expected to result in a Material Adverse Change, a written statement of the chief financial officer of Borrowers Borrower or such Subsidiary describing such ERISA Event and any action that is being taking with respect thereto by any Borrower, any such Subsidiary Borrower or its Subsidiaries or their ERISA AffiliateAffiliates, and any action taken or threatened by the IRS, Department of Labor, or PBGC PBGC; Borrower and Borrowers or such Subsidiary, as applicable, its Subsidiaries shall be deemed to know all facts known by the administrator of any Benefit Plan of which it is the plan sponsor, (ii) promptly, and in any event within 3 three Business Days after the filing thereof with the IRS, a copy of each funding waiver request filed with respect to any Benefit Plan and all communications received by Borrowers, any of their Borrower or its Subsidiaries or, to the knowledge of BorrowersBorrower or its Subsidiaries, any ERISA Affiliate with respect to such request, and (iii) promptly, and in any event within 3 three Business Days after receipt by Borrowers, any Borrower or its Subsidiaries of their Subsidiaries or, to the knowledge of Borrowers, any ERISA Affiliate, notice of the PBGC's intention to terminate a Benefit Plan or to have a trustee appointed to administer a Benefit Plan, copies of each such notice.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Bakers Footwear Group Inc)

Deliver to Agent. (i) promptly, and in any event within 10 Business Days after Borrowers Borrower or any of their its Subsidiaries knows or has reason to know that an ERISA Event has occurred that reasonably could be expected to result in a Material Adverse Change, a written statement of the chief financial officer of Borrowers Borrower describing such ERISA Event and any action that is being taking with respect thereto by any Borrower, any such Subsidiary or ERISA Affiliate, and any action taken or threatened by the IRS, Department of Labor, or PBGC and Borrowers Borrower or such Subsidiary, as applicable, shall be deemed to know all facts known by the administrator of any Benefit Plan of which it is the plan sponsor, (ii) promptly, and in any event within 3 Business Days after the filing thereof with the IRS, a copy of each funding waiver request filed with respect to any Benefit Plan and all communications received by BorrowersBorrower, any of their its Subsidiaries or, to the knowledge of BorrowersBorrower, any ERISA Affiliate with respect to such request, and (iii) promptly, and in any event within 3 Business Days after receipt by BorrowersBorrower, any of their its Subsidiaries or, to the knowledge of BorrowersBorrower, any ERISA Affiliate, of the PBGC's intention to terminate a Benefit Plan or to have a trustee appointed to administer a Benefit Plan, copies of each such notice.

Appears in 1 contract

Samples: Loan and Security Agreement (Right Start Inc /Ca)

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