Common use of Employee Benefit Plan Liability Clause in Contracts

Employee Benefit Plan Liability. As of the Closing Date and as of each Transfer Date, as applicable, (A) neither the Depositor nor any of its Commonly Controlled Affiliates has or have incurred any “accumulated funding deficiency” (as such term is defined under ERISA and the Code for such year), whether or not waived, with respect to any Employee Pension Benefit Plan (as defined below) that either individually or in the aggregate could Cause a Material Adverse Effect (as defined below), and, to the Depositor’s Knowledge, no event has occurred or circumstance exists that may result in any accumulated funding deficiency of any such plan that either individually or in the aggregate could Cause a Material Adverse Effect; (B) neither the Depositor nor any of its Commonly 8

Appears in 3 contracts

Samples: Sale Agreement (Bluegreen Vacations Holding Corp), Sale Agreement (Bluegreen Vacations Corp), Sale Agreement (Bluegreen Vacations Corp)

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Employee Benefit Plan Liability. As of the Closing Date and as of each Transfer Funding Date, as applicable, (A) ), neither the Depositor nor any of its Commonly Controlled Affiliates has or have has incurred any “accumulated funding deficiency” (as such term is defined under ERISA and the Code for such yearCode), whether or not waived, with respect to any Employee Pension Benefit Plan Plan” (as defined below) that either individually or in the aggregate could Cause a Material Adverse Effect (as defined below), and, to the Depositor’s Knowledge, no event has occurred or circumstance exists that may result in any accumulated funding deficiency of any such plan that either individually or in the aggregate could Cause a Material Adverse Effect; (B) neither the Depositor nor any of its Commonly 8Controlled Affiliates has any unpaid “minimum required contribution” (as such

Appears in 1 contract

Samples: Note Funding Agreement (BBX Capital Corp)

Employee Benefit Plan Liability. As of the Closing Date and as of each Transfer Date, as applicable, (A) neither the Depositor nor any of its Commonly Controlled Affiliates has or have incurred any “accumulated funding deficiency” (as such term is defined under ERISA and the Code for such year), whether or not waived, with respect to any Employee Pension Benefit Plan (as defined below) that either individually or in the aggregate could Cause a Material Adverse Effect (as defined below), and, to the Depositor’s Knowledge, no event has occurred or circumstance exists that may result in any accumulated funding deficiency of any such plan that either individually or in the aggregate could Cause a Material Adverse Effect; (B) neither the Depositor nor any of its Commonly 88 KL2 3337071.5

Appears in 1 contract

Samples: Sale Agreement (Bluegreen Vacations Holding Corp)

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Employee Benefit Plan Liability. As of the Closing Date and as of each Transfer Funding Date, as applicable, (A) ), neither the Depositor nor any of its Commonly Controlled Affiliates has or have has incurred any “accumulated funding deficiency” (as such term is defined under ERISA and the Code for such yearCode), whether or not waived, with respect to any Employee Pension Benefit Plan Plan” (as defined below) that either individually or in the aggregate could Cause a Material Adverse Effect (as defined below), and, to the Depositor’s Knowledge, no event has occurred or circumstance exists that may result in any accumulated funding deficiency of any such plan that either individually or in the aggregate could Cause a Material Adverse Effect; (B) neither the Depositor nor any of its Commonly 8in

Appears in 1 contract

Samples: Note Funding Agreement (Bluegreen Vacations Corp)

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