Employee Benefit Pension Plans. No fact, including but not limited to, any Reportable Event as defined in Section 4043 of ERISA, exists in connection with any employee benefit pension plan of the Cooperative covered by said Act, which might constitute grounds for the termination of any such plan by the PBGC or for the appointment of any trustee to administer any such plan by the appropriate United States District Court.
Employee Benefit Pension Plans. Promptly during each year, pay contributions that in the judgment of the chief executive and chief financial officers of the Cooperative after reasonable inquiry are believed adequate to meet at least the minimum funding standards set forth in Sections 302 through 305 of ERISA, with respect to each employee benefit plan of the Cooperative, if any, covered by that Act; file each annual report required to be filed pursuant to Section 103 of ERISA in connection with each such plan for each year; and notify Statesman within ten (10) days of the occurrence of a Reportable Event (as defined in Section 4043 of ERISA) that might constitute grounds for termination of any such plan by PBGC or for the appointment by the appropriate United States District Court of a trustee to administer any such plan, provided that nothing contained herein shall prohibit the Cooperative from terminating any such plan if it has theretofore complied with the provisions of this Section.
Employee Benefit Pension Plans. Promptly during each year, (i) pay contributions that in the judgment of its officers, members or managers, as applicable, after reasonable inquiry, are believed adequate to meet at least the minimum funding standards set forth in Sections 302 through 305 of ERISA, with respect to each Plan, if any, covered by ERISA, and (ii) file each annual report required to be filed pursuant to Section 103 of ERISA in connection with each such Plan for each year; and notify the Bank within ten (10) days of the occurrence of a Reportable Event (as defined in Section 4043 of ERISA) that might constitute grounds for termination of any such Plan by the PBGC or for the appointment by the appropriate United States District Court of a trustee to administer any such Plan.
Employee Benefit Pension Plans. It is in compliance in all material respects with all applicable provisions of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). Neither a Reportable Event (as defined in Section 4043 of ERISA) nor a Prohibited Transaction (as defined in Section 406 of ERISA) for which there is not an applicable exemption has occurred or exists in connection with any employee benefit pension plan covered by ERISA (including any plan of any member of a controlled group of corporations or entities and all trades and businesses (whether or not incorporated) under common control which, together with it, are treated as a single employer under Section 414 of the Internal Revenue Code of 1986, as amended) (each, a “Plan”). No notice of intent to terminate any Plan has been filed, and no Plan has been terminated. No circumstances exist which might constitute grounds for the termination of any Plan by the Pension Benefit Guaranty Corporation (the “PBGC”) or for the appointment of any trustee to administer a Plan, nor has the PBGC instituted any such proceedings. No circumstances exist which might constitute grounds for the imposition of a lien in favor of any Plan pursuant to Section 302 of ERISA. It has not completely or partially withdrawn from a Multiemployer Plan (as described in Section 4001(a)(3) of ERISA). It has met the minimum funding requirements of ERISA with respect to each of the Plans. It has incurred no liability to the PBGC under ERISA.
Employee Benefit Pension Plans. No fact, including, but not limited to, any Reportable Event as defined in Section 4043 of ERISA, exists in connection with any employee benefit plan of the Company or any of its Subsidiaries covered by ERISA (including any plan of any member of a controlled group of corporations and all trades and businesses (whether or not incorporated) under common control which, together with the Company or any of its Subsidiaries, are treated as a single employer, under Section 414 of the Code), which could constitute grounds for the termination of any such plan by the PBGC or for the appointment of any trustee to administer such plan by the appropriate United States District Court.
Employee Benefit Pension Plans. The Company will promptly during each year, pay, and cause each of its Subsidiaries to pay, contributions that in the judgment of the chief financial officer of the Company, after reasonable inquiry are believed adequate to meet at least the minimum funding standards set forth in Sections 302 through 305 of ERISA with respect to each employee benefit pension plan of the Company or any of its Subsidiaries, if any, covered by ERISA (including any plan of any member of a controlled group of corporations and all trades and businesses (whether or not incorporated) under common control which, together with the Company or any such Subsidiary, are treated as a single employer, under Section 414 of the Code); file, and cause each of its Subsidiaries to file, each annual report required to be filed pursuant to Section 103 of ERISA in connection with each such plan for each year; and notify each Lender within ten (10) days of the occurrence of a Reportable Event (as defined in Section 4043 of ERISA) that might constitute grounds for termination of any such plan by the PBGC or for the appointment by the appropriate United States District Court of a trustee to administer any such plan.
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Employee Benefit Pension Plans. Promptly during each year, pay and cause its Subsidiaries to pay or otherwise cause to be paid contributions adequate to meet at least the minimum funding standards set forth in Sections 302 through 305 of ERISA, with respect to each Employee Plan of the Borrower and each ERISA Affiliate; file or cause to be filed each annual report required to be filed pursuant to Section 103 of ERISA in connection with each such Employee Plan for each year; and notify each Lender within ten (10) days of the occurrence of a Reportable Event that might constitute grounds for termination of any such Employee Plan by the PBGC or for the appointment by the appropriate United States District Court of a trustee to administer any such Employee Plan, PROVIDED that nothing contained herein shall prohibit the Borrower or any ERISA Affiliate from terminating any such Employee Plan if it has theretofore complied with the provisions of this Section.
Employee Benefit Pension Plans. Neither the Corporation, the Subsidiary nor any of their directors, officers, employees or any other "fiduciary," as that term is defined in Section 3(21) of ERISA, has engaged in a "prohibited transaction", as that term is defined in Section 406 of ERISA or Section 4975 of the Code which could result in the assessment of a material penalty under Section 502(i) of ERISA or an excise tax under section 4975 of the Code. There are no claims threatened or pending with respect to the ESOP.
Employee Benefit Pension Plans. No fact, including but not limited to ------------------------------ any Reportable Event, exists in connection with any employee benefit plan of the Company or any Subsidiary covered by ERISA (including any plan of any member of a controlled group of corporations and all trades and businesses (whether or not incorporated) under common control which, together with the Company or any of its Subsidiaries covered by ERISA, are treated as a single employer under Section 414 of the Internal Revenue Code of 1986, as amended), which might constitute grounds for the complete termination of any such plan by the PBGC or for the appointment of any trustee to administer any such plan by the appropriate United States District Court and which could have a material adverse effect on the Company or its ability to perform its obligations hereunder.
