Common use of Employee Benefit Plans And Guaranteed Pension Plans Clause in Contracts

Employee Benefit Plans And Guaranteed Pension Plans. The BORROWER will, and will cause each of its ERISA AFFILIATES to: (a) comply with all requirements imposed by ERISA and the CODE, applicable from time to time to any of its GUARANTEED PENSION PLANS or EMPLOYEE BENEFIT PLANS; (b) make full payment when due of all amounts which, under the provisions of EMPLOYEE BENEFIT PLANS or under applicable LAW, are required to be paid as contributions thereto; (c) not permit to exist any material accumulated funding deficiency, whether or not waived; (d) file on a timely basis all reports, notices and other filings required by any governmental agency with respect to any of its EMPLOYEE BENEFITS PLANS; (e) make any payments to MULTIEMPLOYER PLANS required to be made under any agreement relating to such MULTIEMPLOYER PLANS, or under any LAW pertaining thereto; (f) not amend or otherwise alter any GUARANTEED PENSION PLAN if the effect would be to cause the actuarial present value of all benefit commitments under any GUARANTEED PENSION PLAN to be less than the current value of the assets of such GUARANTEED PENSION PLAN allocable to such benefit commitments; (g) furnish to all participants, beneficiaries and employees under any of the EMPLOYEE BENEFIT PLANS, within the periods prescribed by LAW, all reports, notices and other information to which they are entitled under applicable LAW; and (h) take no action which would cause any of the EMPLOYEE BENEFIT PLANS to fail to meet any qualification requirement imposed by the CODE. As used in this Section, the term "accumulated funding deficiency" has the meaning specified in Section 302 of ERISA and Section 412 of the CODE, and the terms "actuarial present value", "benefit commitments" and "current value" have the meaning specified in Section 4001 of ERISA.

Employee Benefit Plans And Guaranteed Pension Plans. The BORROWER will, and will cause each of its ERISA AFFILIATES to: (a) comply with all material requirements imposed by ERISA and the CODE, applicable from time to time to any of its GUARANTEED PENSION PLANS or EMPLOYEE BENEFIT PLANS; (b) make full payment when due of all amounts which, under the provisions of EMPLOYEE BENEFIT PLANS or under applicable LAW, are required to be paid as contributions thereto; (c) not permit to exist any material accumulated funding deficiency, whether or not waived; (d) file on a timely basis all reports, notices and other filings required by any governmental agency with respect to any of its EMPLOYEE BENEFITS PLANS; (e) make any payments to MULTIEMPLOYER PLANS required to be made under any agreement relating to such MULTIEMPLOYER PLANS, or under any LAW pertaining thereto; (f) not amend or otherwise alter any GUARANTEED PENSION PLAN if the effect would be to cause the actuarial present value of all benefit commitments under any GUARANTEED PENSION PLAN to be less than the current value of the assets of such GUARANTEED PENSION PLAN allocable to such benefit commitments; (g) furnish to all participants, beneficiaries and employees under any of the EMPLOYEE BENEFIT PLANS, within the periods prescribed by LAW, all reports, notices and other information to which they are entitled under applicable LAW; and (h) take no action which would cause any of the EMPLOYEE BENEFIT PLANS to fail to meet any qualification requirement imposed by the CODE, except to the extent that any such failure to act or comply would not be or result in a MATERIAL ADVERSE EVENT. As used in this Section, the term "“accumulated funding deficiency" ” has the meaning specified in Section 302 of ERISA and Section 412 of the CODE, and the terms "“actuarial present value", ",” “benefit commitments" ” and "“current value" ” have the meaning specified in Section 4001 of ERISA.

Employee Benefit Plans And Guaranteed Pension Plans. The BORROWER Each of the BORROWERS will, and will cause each of its ERISA AFFILIATES to: (a) comply with all requirements imposed by ERISA and the CODE, applicable from time to time to any of its GUARANTEED PENSION PLANS or EMPLOYEE BENEFIT PLANS; (b) make full payment when due of all amounts which, under the provisions of EMPLOYEE BENEFIT PLANS or under applicable LAW, are required to be paid as contributions thereto; (c) not permit to exist any material accumulated funding deficiency, whether or not waived; (d) file on a timely basis all reports, notices and other filings required by any governmental agency with respect to any of its EMPLOYEE BENEFITS PLANS; (e) make any payments to MULTIEMPLOYER PLANS required to be made under any agreement relating to such MULTIEMPLOYER PLANS, or under any LAW pertaining thereto; (f) not amend or otherwise alter any GUARANTEED PENSION PLAN if the effect would be to cause the actuarial present value of all benefit commitments under any GUARANTEED PENSION PLAN to be less than the current value of the assets of such GUARANTEED PENSION PLAN allocable to such benefit commitments; (g) furnish to all participants, beneficiaries and employees under any of the EMPLOYEE BENEFIT PLANS, within the periods prescribed by LAW, all reports, notices and other information to which they are entitled under applicable LAW; and (h) take no action which would cause any of the EMPLOYEE BENEFIT PLANS to fail to meet any qualification requirement imposed by the CODE. As used in this Section, the term "“accumulated funding deficiency" ” has the meaning specified in Section 302 of ERISA and Section 412 of the CODE, and the terms "“actuarial present value"”, "“benefit commitments" ” and "“current value" ” have the meaning specified in Section 4001 of ERISA.

Employee Benefit Plans And Guaranteed Pension Plans. The BORROWER will, and will cause each of its ERISA AFFILIATES to: Borrower (a) comply with all requirements imposed by ERISA and will not establish any Guaranteed Pension Plans or Employee Benefit Plans without the CODEprior written consent of the Required Lenders (which will not be unreasonably withheld or delayed), applicable from time to time to any of its GUARANTEED PENSION PLANS or EMPLOYEE BENEFIT PLANS; (b) will make full payment when due of all amounts which, under the provisions of EMPLOYEE BENEFIT PLANS Employee Benefit Plans or under applicable LAWlaw, are required to be paid as contributions thereto; , (c) will not permit to exist any material accumulated funding deficiency, whether or not waived; , (d) will file on a timely basis all reports, notices and other filings required by any governmental agency with respect to any of its EMPLOYEE BENEFITS PLANS; Employee Benefit Plans, (e) will make any payments to MULTIEMPLOYER PLANS Multiemployer Plans required to be made under any agreement relating to such MULTIEMPLOYER PLANSMultiemployer Plans, or under any LAW law pertaining thereto; , (f) will not amend or otherwise alter permit any GUARANTEED PENSION PLAN if the effect would be amount of unfunded guarantied benefits to cause the actuarial present value of all benefit commitments under occur with respect to any GUARANTEED PENSION PLAN to be less than the current value of the assets of such GUARANTEED PENSION PLAN allocable to such benefit commitments; Guaranteed Pension Plan, (g) will furnish to all participants, beneficiaries and employees under any of the EMPLOYEE BENEFIT PLANSEmployee Benefit Plans, within the periods prescribed by LAWlaw, all reports, notices and other information to which they are entitled under applicable LAW; law, and (h) will take no action which would cause any of the EMPLOYEE BENEFIT PLANS Employee Benefit Plans to fail to meet any qualification requirement imposed by the CODECode, as amended. As used in this Sectionsection, the term "accumulated funding deficiencyACCUMULATED FUNDING DEFICIENCY" has the meaning specified in Section section 302 of ERISA and Section section 412 of the CODECode, and the terms term "actuarial present value", "benefit commitmentsUNFUNDED GUARANTIED BENEFITS" and "current value" have has the meaning specified in Section section 4001 of ERISA.

Employee Benefit Plans And Guaranteed Pension Plans. The BORROWER will, Borrower will and will cause each of its ERISA AFFILIATES to: (a) Affiliates to comply in all material respects with all requirements imposed by (a) ERISA and the CODE, Code applicable from time to time to any of its GUARANTEED PENSION PLANS Guaranteed Pension Plans or EMPLOYEE BENEFIT PLANS; Employee Benefit Plans, (b) make full payment when due of all amounts which, under the provisions of EMPLOYEE BENEFIT PLANS Employee Benefit Plans or under applicable LAWlaw, are required to be paid as contributions thereto; , (c) not permit to exist any material accumulated funding deficiency, whether or not waived; , (d) file on a timely basis all reports, notices and other filings required by any governmental agency with respect to any of its EMPLOYEE BENEFITS PLANS; (eEmployee Benefit Plans,(e) make any payments to MULTIEMPLOYER PLANS Multiemployer Plans required to be made under any agreement relating to such MULTIEMPLOYER PLANSMultiemployer plans, or under any LAW law pertaining thereto; , (f) not amend or otherwise materially alter any GUARANTEED PENSION PLAN Guaranteed Pension Plan if the effect would be to cause the actuarial present value of all benefit commitments under any GUARANTEED PENSION PLAN each Guaranteed Pension Plan to be less than the current value of the assets of such GUARANTEED PENSION PLAN Guaranteed Pension Plan allocable to such benefit commitments; , (g) furnish to all participants, beneficiaries and employees under any of the EMPLOYEE BENEFIT PLANSEmployee Benefit Plans, within the periods prescribed by LAWlaw, all reports, notices and other information to which they are entitled under applicable LAW; law, and (h) take no action which would cause any of the EMPLOYEE BENEFIT PLANS Employee Benefit Plans to fail to meet any qualification requirement imposed by the CODECode. As used in this SectionSection 6.10, the term "accumulated funding deficiency" has the meaning specified in Section 302 of ERISA and Section 412 of the CODECode, and the terms "actuarial present value", "benefit commitments" and "current value" have the meaning specified in Section 4001 of ERISA.

Employee Benefit Plans And Guaranteed Pension Plans. The BORROWER willFrom and after the Merger and except as would not, individually or in the aggregate, result in a Material Adverse Effect, Borrower will and will cause each of its ERISA AFFILIATES to: Affiliates to (a) comply with all requirements imposed by ERISA and the CODE, Code applicable from time to time to any of its GUARANTEED PENSION PLANS Guaranteed Pension Plans or EMPLOYEE BENEFIT PLANS; Employee Benefit Plans, (b) make full payment when due of all amounts which, under the provisions of EMPLOYEE BENEFIT PLANS Employee Benefit Plans or under applicable LAWlaw, are required to be paid as contributions thereto; , (c) not permit to exist any material accumulated funding deficiency, whether or not waived; , (db) file on a timely basis all reports, notices and other filings required by any governmental agency with respect to any of its EMPLOYEE BENEFITS PLANS; Employee Benefit Plans, (e) make any payments to MULTIEMPLOYER PLANS Multiemployer Plans required to be made under any agreement relating to such MULTIEMPLOYER PLANSMultiemployer Plans, or under any LAW law pertaining thereto; , (f) not amend or otherwise alter any GUARANTEED PENSION PLAN Guaranteed Pension Plan if the effect would be to cause the actuarial present value of all benefit commitments under any GUARANTEED PENSION PLAN each Guaranteed Pension Plan to be less than the current value of the assets of such GUARANTEED PENSION PLAN Guaranteed Pension Plan allocable to such benefit commitments; , (g) furnish to all participants, beneficiaries and employees under any of the EMPLOYEE BENEFIT PLANSEmployee Benefit Plans, within the periods prescribed by LAWlaw, all reports, notices and other information to which they are entitled under applicable LAW; law, and (h) take no action which would cause any of the EMPLOYEE BENEFIT PLANS Employee Benefit Plans to fail to meet any qualification requirement imposed by the CODECode, if otherwise applicable. As used in this SectionSection 5.12, the term "accumulated funding deficiency" has the meaning specified in Section 302 of ERISA and Section 412 of the CODECode, and the terms "actuarial present value", "benefit commitments" and "current value" have the meaning specified in Section 4001 of ERISA.

Employee Benefit Plans And Guaranteed Pension Plans. The BORROWER Each of the BORROWERS will, and will cause each of its ERISA AFFILIATES to: (a) comply with all requirements imposed by ERISA and the CODE, applicable from time to time to any of its GUARANTEED PENSION PLANS or EMPLOYEE BENEFIT PLANS; (b) make full payment when due of all amounts which, under the provisions of EMPLOYEE BENEFIT PLANS or under applicable LAW, are required to be paid as contributions thereto; (c) not permit to exist any material accumulated funding deficiency, whether or not waived; (d) file on a timely basis all reports, notices and other filings required by any governmental agency with respect to any of its EMPLOYEE BENEFITS PLANS; (e) make any payments to MULTIEMPLOYER PLANS required to be made under any agreement relating to such MULTIEMPLOYER PLANS, or under any LAW pertaining thereto; (f) not amend or otherwise alter any GUARANTEED PENSION PLAN if the effect would be to cause the actuarial present value of all benefit commitments under any GUARANTEED PENSION PLAN to be less than the current value of the assets of such GUARANTEED PENSION PLAN allocable to such benefit commitments; (g) furnish to all participants, beneficiaries and employees under any of the EMPLOYEE BENEFIT PLANS, within the periods prescribed by LAW, all reports, notices and other information to which they are entitled under applicable LAW; and (h) take no action which would cause any of the EMPLOYEE BENEFIT PLANS to fail to meet any qualification requirement imposed by the CODE. As used in this Section, the term "accumulated funding deficiency" deficiency has the meaning specified in Section 302 of ERISA and Section 412 of the CODE, and the terms "actuarial present value", "benefit commitments" commitments and "current value" value have the meaning specified in Section 4001 of ERISA.

Employee Benefit Plans And Guaranteed Pension Plans. The BORROWER will, Each Borrower will and will cause each of its ERISA AFFILIATES to: Affiliates to (a) comply with all requirements imposed by ERISA and the CODEInternal Revenue Code of 1986, as amended, applicable from time to time to any of its GUARANTEED PENSION PLANS Guaranteed Pension Plans or EMPLOYEE BENEFIT PLANS; Employee Benefit Plans, (b) make full payment when due of all amounts which, under the provisions of EMPLOYEE BENEFIT PLANS Employee Benefit Plans or under applicable LAWlaw, are required to be paid as contributions thereto; , (c) not permit to exist any material accumulated funding deficiency, whether or not waived; , (d) file on a timely basis all reports, notices and other filings required by any governmental agency with respect to any of its EMPLOYEE BENEFITS PLANS; Employee Benefit Plans, (e) make any payments to MULTIEMPLOYER PLANS Multiemployer Plans required to be made under any agreement relating to such MULTIEMPLOYER PLANSMultiemployer Plans, or under any LAW law pertaining thereto; , (f) not amend or otherwise alter any GUARANTEED PENSION PLAN Guaranteed Pension Plan if the effect would be to cause the actuarial present value of all benefit commitments under any GUARANTEED PENSION PLAN each Guaranteed Pension Plan to be less than the current value of the assets of such GUARANTEED PENSION PLAN Guaranteed Pension Plan allocable to such benefit commitments; , (g) furnish to all participants, beneficiaries and employees under any of the EMPLOYEE BENEFIT PLANSEmployee Benefit Plans, within the periods prescribed by LAWlaw, all reports, notices and other information to which they are entitled under applicable LAW; law, and (h) take no action which would cause any of the EMPLOYEE BENEFIT PLANS Employee Benefit Plans to fail to meet any qualification requirement imposed by the CODEInternal Revenue Code of 1986, as amended. As used in this SectionSection 6.13, the term "accumulated funding deficiency" has the meaning specified in Section 302 of ERISA and Section 412 of the CODEInternal Revenue Code, and the terms "actuarial present value", "benefit commitments" and "current value" have the meaning specified in Section 4001 of ERISA.

Employee Benefit Plans And Guaranteed Pension Plans. The BORROWER will, Borrower will and will cause each of its ERISA AFFILIATES to: Affiliates to (a) comply with all requirements imposed by ERISA and the CODE, Code applicable from time to time to any of its GUARANTEED PENSION PLANS Guaranteed Pension Plans or EMPLOYEE BENEFIT PLANS; Employee Benefit Plans, (b) make full payment when due of all amounts which, under the provisions of EMPLOYEE BENEFIT PLANS Employee Benefit Plans or under applicable LAWlaw, are required to be paid as contributions thereto; , (c) not permit to exist any material accumulated funding deficiency, whether or not waived; , (d) file on a timely basis all reports, notices and other filings required by any governmental agency with respect to any of its EMPLOYEE BENEFITS PLANS; Employee Benefit Plans, (e) make any payments to MULTIEMPLOYER PLANS Multiemployer Plans required to be made under any agreement relating to such MULTIEMPLOYER PLANSMultiemployer Plans, or under any LAW law pertaining thereto; , (f) not amend or otherwise alter any GUARANTEED PENSION PLAN Guaranteed Pension Plan if the effect would be to cause the actuarial present value of all benefit commitments under any GUARANTEED PENSION PLAN each Guaranteed Pension Plan to be less than the current value of the assets of such GUARANTEED PENSION PLAN Guaranteed Pension Plan allocable to such benefit commitments; , (g) furnish to all participants, beneficiaries and employees under any of the EMPLOYEE BENEFIT PLANSEmployee Benefit Plans, within the periods prescribed by LAWlaw, all reports, notices and other information to which they are entitled under applicable LAW; law, and (h) take no action which would cause any of the EMPLOYEE BENEFIT PLANS Employee Benefit Plans to fail to meet any qualification requirement imposed by the CODECode. As used in this SectionSection 6.15, the term "“accumulated funding deficiency" ” has the meaning specified in Section 302 of ERISA and Section 412 of the CODECode, and the terms "“actuarial present value"”, "“benefit commitments" ” and "“current value" ” have the meaning specified in Section 4001 of ERISA.

Employee Benefit Plans And Guaranteed Pension Plans. The BORROWER will, Borrower will and will cause each of its ERISA AFFILIATES to: Affiliates to (a) comply with all requirements imposed by ERISA and the CODEInternal Revenue Code of 1986, as amended, applicable from time to time to any of its GUARANTEED PENSION PLANS Guaranteed Pension Plans or EMPLOYEE BENEFIT PLANS; Employee Benefit Plans, (b) make full payment when due of all amounts which, under the provisions of EMPLOYEE BENEFIT PLANS Employee Benefit Plans or under applicable LAWlaw, are required to be paid as contributions thereto; , (c) not permit to exist any material accumulated funding deficiency, whether or not waived; , (d) file on a timely basis all reports, notices and other filings required by any governmental agency with respect to any of its EMPLOYEE BENEFITS PLANS; Employee Benefit Plans, (e) make any payments to MULTIEMPLOYER PLANS Multiemployer Plans required to be made under any agreement relating to such MULTIEMPLOYER PLANSMultiemployer Plans, or under any LAW law pertaining thereto; , (f) not amend or otherwise alter any GUARANTEED PENSION PLAN Guaranteed Pension Plan if the effect would be to cause the actuarial present value of all benefit commitments under any GUARANTEED PENSION PLAN each Guaranteed Pension Plan to be less than the current value of the assets of such GUARANTEED PENSION PLAN Guaranteed Pension Plan allocable to such benefit commitments; , (g) furnish to all participants, beneficiaries and employees under any of the EMPLOYEE BENEFIT PLANSEmployee Benefit Plans, within the periods prescribed by LAWlaw, all reports, notices and other information to which they are entitled under applicable LAW; law, and (h) take no action which would cause any of the EMPLOYEE BENEFIT PLANS Employee Benefit Plans to fail to meet any qualification requirement imposed by the CODEInternal Revenue Code of 1986, as amended. As used in this SectionSection 6.13, the term "accumulated funding deficiency" has the meaning specified in Section 302 of ERISA and Section 412 of the CODEInternal Revenue Code, and the terms "actuarial present value", "benefit commitments" and "current value" have the meaning specified in Section 4001 of ERISA.

Employee Benefit Plans And Guaranteed Pension Plans. The BORROWER GUARANTORS will, and will cause each of its their ERISA AFFILIATES to: (a) comply with all requirements imposed by ERISA and the CODE, applicable from time to time to any of its GUARANTEED PENSION PLANS or EMPLOYEE BENEFIT PLANS; (b) make full payment when due of all amounts which, under the provisions of EMPLOYEE BENEFIT PLANS or under applicable LAW, are required to be paid as contributions thereto; (c) not permit to exist any material accumulated funding deficiency, whether or not waived; (d) file on a timely basis all reports, notices and other filings required by any governmental agency with respect to any of its EMPLOYEE BENEFITS PLANS; (e) make any payments to MULTIEMPLOYER PLANS required to be made under any agreement relating to such MULTIEMPLOYER PLANS, or under any LAW pertaining thereto; (f) not amend or otherwise alter any GUARANTEED PENSION PLAN if the effect would be to cause the actuarial present value of all benefit commitments under any GUARANTEED PENSION PLAN to be less than the current value of the assets of such GUARANTEED PENSION PLAN allocable to such benefit commitments; (g) furnish to all participants, beneficiaries and employees under any of the EMPLOYEE BENEFIT PLANS, within the periods prescribed by LAW, all reports, notices and other information to which they are entitled under any applicable LAWLAWS; and (h) take no action which would cause any of the EMPLOYEE BENEFIT PLANS to fail to meet any qualification requirement imposed by the CODE. As used in this Section, the term "accumulated funding deficiency" has the meaning specified in Section 302 of ERISA and Section 412 of the CODE, and the terms "actuarial present value", "benefit commitments" and "current value" have the meaning specified in Section 4001 of ERISA.

Employee Benefit Plans And Guaranteed Pension Plans. The BORROWER Each of the BORROWERS will, and will cause each of its ERISA AFFILIATES to: (a) comply with all requirements imposed by ERISA and the CODE, applicable from time to time to any of its GUARANTEED PENSION PLANS or EMPLOYEE BENEFIT PLANS; (b) make full payment when due of all amounts which, under the provisions of EMPLOYEE BENEFIT PLANS or under applicable LAW, are required to be paid as contributions thereto; (c) not permit to exist any material accumulated funding deficiency, whether or not waived; (d) file on a timely basis all reports, notices and other filings required by any governmental agency with respect to any of its EMPLOYEE BENEFITS PLANS; (e) make any payments to MULTIEMPLOYER PLANS required to be made under any agreement relating to such MULTIEMPLOYER PLANS, or under any LAW pertaining thereto; (f) not amend or otherwise alter any GUARANTEED PENSION PLAN if the effect would be to cause the actuarial present value of all benefit commitments under any GUARANTEED PENSION PLAN to be less than the current value of the assets of such GUARANTEED PENSION PLAN allocable to such benefit commitments; (g) furnish to all participants, beneficiaries and employees under any of the EMPLOYEE BENEFIT PLANS, within the periods prescribed by LAW, all reports, notices and other information to which they are entitled under applicable LAW; and (h) take no action which would cause any of the EMPLOYEE BENEFIT PLANS to fail to meet any qualification requirement imposed by the CODE. As used in this Section, the term "accumulated Aaccumulated funding deficiency" deficiency@ has the meaning specified in Section 302 of ERISA and Section 412 of the CODE, and 33 the terms "actuarial Aactuarial present value"value@, "benefit commitments" Abenefit commitments@ and "current value" Acurrent value@ have the meaning specified in Section 4001 of ERISA.

Employee Benefit Plans And Guaranteed Pension Plans. The BORROWER will, Borrower will and will cause each of its ERISA AFFILIATES to: Affiliates to (ai) comply with all requirements imposed by ERISA and the CODEInternal Revenue Code of 1986, as amended, applicable from time to time to any of its GUARANTEED PENSION PLANS Guaranteed Pension Plans or EMPLOYEE BENEFIT PLANS; Employee Benefit Plans, (bii) make full payment when due of all amounts which, under the provisions of EMPLOYEE BENEFIT PLANS Employee Benefit Plans or under applicable LAWlaw, are required to be paid as contributions thereto; , (ciii) not permit to exist any material accumulated funding deficiency, whether or not waived; , (div) file on a timely basis all reports, notices and other filings required by any governmental agency with respect to any of its EMPLOYEE BENEFITS PLANS; Employee Benefit Plans, (ev) make any payments to MULTIEMPLOYER PLANS Multiemployer Plans required to be made under any agreement relating to such MULTIEMPLOYER PLANSMultiemployer Plans, or under any LAW law pertaining thereto; , (fvi) not amend or otherwise alter any GUARANTEED PENSION PLAN Guaranteed Pension Plan if the effect would be to cause the actuarial present value of all benefit commitments under any GUARANTEED PENSION PLAN each Guaranteed Pension Plan to be less than the current value of the assets of such GUARANTEED PENSION PLAN Guaranteed Pension Plan allocable to such benefit commitments; , (gvii) furnish to all participants, beneficiaries and employees under any of the EMPLOYEE BENEFIT PLANSEmployee Benefit Plans, within the periods prescribed by LAWlaw, all reports, notices and other information to which they are entitled under applicable LAW; law, and (hviii) take no action which would cause any of the EMPLOYEE BENEFIT PLANS Employee Benefit Plans to fail to meet any qualification requirement imposed by the CODEInternal Revenue Code of 1986, as amended. As used in this SectionSection 10.1, the term "accumulated funding deficiency" has the meaning specified in Section 302 of ERISA and Section 412 of the CODEInternal Revenue Code, and the terms "actuarial present value", "benefit commitments" and "current value" have the meaning specified in Section 4001 of ERISA.

Employee Benefit Plans And Guaranteed Pension Plans. The BORROWER Each of the BORROWERS will, and will cause each of its ERISA AFFILIATES to: (a) materially comply with all requirements imposed by ERISA and the CODE, applicable from time to time to any of its GUARANTEED PENSION PLANS or EMPLOYEE BENEFIT PLANS; (b) make full payment when due of all amounts which, under the provisions of EMPLOYEE BENEFIT PLANS or under applicable LAW, are required to be paid as contributions thereto; (c) not permit to exist any material accumulated maintain, compliance with at least the minimum funding deficiency, whether or not waivedrequirements of Section 4.12 of the CODE and Section 312 of ERISA in connection with all GUARANTEED PENSION PLANS; (d) file on a timely basis all reports, notices and other filings required by any governmental agency with respect to any of its EMPLOYEE BENEFITS PLANS; (e) make any payments to MULTIEMPLOYER PLANS required to be made under any agreement relating to such MULTIEMPLOYER PLANS, or under any LAW pertaining thereto; (f) not amend or otherwise alter any GUARANTEED PENSION PLAN if the effect would be to cause the actuarial present value of all benefit commitments under any GUARANTEED PENSION PLAN to be less than the current value of the assets of such GUARANTEED PENSION PLAN allocable to such benefit commitments; (g) furnish to all participants, beneficiaries and employees under any of the EMPLOYEE BENEFIT PLANS, within the periods prescribed by LAW, all reports, notices and other information to which they are entitled under applicable LAW; and (h) take no action which would cause any of the EMPLOYEE BENEFIT PLANS to fail to meet any qualification requirement imposed by the CODE. As used in this Section, the term "accumulated funding deficiency" has the meaning specified in Section 302 of ERISA and Section 412 of the CODE, and the terms "“actuarial present value"”, "“benefit commitments" ” and "“current value" ” have the meaning specified in Section 4001 of ERISA.

Employee Benefit Plans And Guaranteed Pension Plans. The BORROWER will, Each Borrower will and will cause each of its ERISA AFFILIATES to: Affiliates to (a) comply in all material respects with all requirements imposed by ERISA and the CODEInternal Revenue Code of 1986, as amended, applicable from time to time to any of its GUARANTEED PENSION PLANS Guaranteed Pension Plans or EMPLOYEE BENEFIT PLANS; Employee Benefit Plans, (b) make full payment when due of all amounts which, under the provisions of EMPLOYEE BENEFIT PLANS Employee Benefit Plans or under applicable LAWlaw, are required to be paid as contributions thereto; , (c) not permit to exist any material accumulated funding deficiency, whether or not waived; , (d) file on a timely basis all reports, notices and other filings required by any governmental agency with respect to any of its EMPLOYEE BENEFITS PLANS; Employee Benefit Plans, (e) make any payments to MULTIEMPLOYER PLANS Multiemployer Plans required to be made under any agreement relating to such MULTIEMPLOYER PLANSMultiemployer Plans, or under any LAW law pertaining thereto; , (f) not amend or otherwise alter any GUARANTEED PENSION PLAN Guaranteed Pension Plan if the effect would be to cause the actuarial present value of all benefit commitments under any GUARANTEED PENSION PLAN each Guaranteed Pension Plan to be less than the current value of the assets of such GUARANTEED PENSION PLAN Guaranteed Pension Plan allocable to such benefit commitments; , (g) furnish to all participants, beneficiaries and employees under any of the EMPLOYEE BENEFIT PLANSEmployee Benefit Plans, within the periods prescribed by LAWlaw, all reports, notices and other information to which they are entitled under applicable LAW; law, and (h) take no action which would cause any of the EMPLOYEE BENEFIT PLANS Employee Benefit Plans to fail to meet any qualification requirement imposed by the CODE. As used in this SectionInternal Revenue Code of 1986, the term "accumulated funding deficiency" has the meaning specified in Section 302 of ERISA and Section 412 of the CODE, and the terms "actuarial present value", "benefit commitments" and "current value" have the meaning specified in Section 4001 of ERISAas amended.

Employee Benefit Plans And Guaranteed Pension Plans. The BORROWER will, Each Borrower will and will cause each of its ERISA AFFILIATES to: Affiliates to (a) comply with all requirements imposed by ERISA and the CODEInternal Revenue Code of 1986, as amended, applicable from time to time to any of its GUARANTEED PENSION PLANS Guaranteed Pension Plans or EMPLOYEE BENEFIT PLANS; Employee Benefit Plans, (b) make full payment when due of all amounts which, under the provisions of EMPLOYEE BENEFIT PLANS Employee Benefit Plans or under applicable LAWlaw, are required to be paid as contributions thereto; , (c) not permit to exist any material accumulated funding deficiency, whether or not waived; , (d) file on a timely basis all reports, notices and other filings required by any governmental agency with respect to any of its EMPLOYEE BENEFITS PLANS; Employee Benefit Plans, (e) make any payments to MULTIEMPLOYER PLANS Multiemployer Plans required to be made under any agreement relating to such MULTIEMPLOYER PLANSMultiemployer Plans, or under any LAW law pertaining thereto; , (f) not amend or otherwise alter any GUARANTEED PENSION PLAN Guaranteed Pension Plan if the effect would be to cause the actuarial present value of all benefit commitments under any GUARANTEED PENSION PLAN each Guaranteed Pension Plan to be less than the current value of the assets of such GUARANTEED PENSION PLAN Guaranteed Pension Plan allocable to such benefit commitments; , (g) furnish to all participants, beneficiaries and employees under any of the EMPLOYEE BENEFIT PLANSEmployee Benefit Plans, within the periods prescribed by LAWlaw, all reports, notices and other information to which they are entitled under applicable LAW; law, and (h) take no action which would cause any of the EMPLOYEE BENEFIT PLANS Employee Benefit Plans to fail to meet any qualification requirement imposed by the CODEInternal Revenue Code of 1986, as amended. As used in this SectionSection 6.14, the term "accumulated funding deficiency" has the meaning specified in Section 302 of ERISA and Section 412 of the CODEInternal Revenue Code, and the terms "actuarial present value", "benefit commitments" and "current value" have the meaning specified in Section 4001 of ERISA.

Employee Benefit Plans And Guaranteed Pension Plans. The BORROWER Borrower will, and will cause each of its ERISA AFFILIATES Affiliates to: (a) comply with all requirements imposed by ERISA and the CODECode, applicable from time to time to any of its GUARANTEED PENSION PLANS Guaranteed Pension Plans or EMPLOYEE BENEFIT PLANSEmployee Benefit Plans; (b) make full payment when due of all amounts which, under the provisions of EMPLOYEE BENEFIT PLANS Employee Benefit Plans or under applicable LAWlaw, are required to be paid as contributions thereto; (c) not permit to exist any material accumulated funding deficiency, whether or not waived; (d) file on a timely basis all reports, notices and other filings required by any governmental agency with respect to any of its EMPLOYEE BENEFITS PLANSEmployee Benefits Plans; (e) make any payments to MULTIEMPLOYER PLANS Multiemployer Plans required to be made under any agreement relating to such MULTIEMPLOYER PLANSMultiemployer Plans, or under any LAW law pertaining thereto; (f) not amend or otherwise alter any GUARANTEED PENSION PLAN Guaranteed Pension Plan if the effect would be to cause the actuarial present value of all benefit commitments under any GUARANTEED PENSION PLAN Guaranteed Pension Plan to be less than the current value of the assets of such GUARANTEED PENSION PLAN Guaranteed Pension Plan allocable to such benefit commitments; (g) furnish to all participants, beneficiaries and employees under any of the EMPLOYEE BENEFIT PLANSEmployee Benefit Plans, within the periods prescribed by LAWlaw, all reports, notices and other information to which they are entitled under applicable LAWlaw; and (h) take no action which would cause any of the EMPLOYEE BENEFIT PLANS Employee Benefit Plans to fail to meet any qualification requirement imposed by the CODECode except to the extent any such failure to so act or comply would not be a Material Adverse Event. As used in this Section, the term "“accumulated funding deficiency" ” has the meaning specified in Section 302 of ERISA and Section 412 of the CODECode, and the terms "“actuarial present value"”, "“benefit commitments" ” and "“current value" ” have the meaning specified in Section 4001 of ERISA.