Employee Benefit Plans; Multiemployer Plans; Guaranteed Pension Plans. Except as disclosed in the SEC Filings or on Schedule 7.16, none of the Borrower, the Trust nor any ERISA Affiliate maintains or contributes to any Employee Benefit Plan, Multiemployer Plan or Guaranteed Pension Plan.
Employee Benefit Plans; Multiemployer Plans; Guaranteed Pension Plans. Neither the Borrower nor any ERISA Affiliate maintains or contributes to any Employee Benefit Plan, Multiemployer Plan or Guaranteed Pension Plan.
Employee Benefit Plans; Multiemployer Plans; Guaranteed Pension Plans. Except as disclosed in the SEC Filings or on Schedule 7.16, none of the Borrower, the Trust nor any ERISA Affiliate (i) maintains or contributes to, or in the prior six years has maintained or contributed to, any Employee Benefit Plan, Multiemployer Plan or Guaranteed Pension Plan, (ii) has any accrued unfunded or underfunded liabilities with respect to any Employee Benefit Plan (other than with respect to any employee welfare benefit plan within the meaning of §3(l) or §3(2)(B) of ERISA or any plan that is described in §201(2) or §201(7) of ERISA), Guaranteed Pension Plan or Multiemployer Plan or are subject to any condition under any Multiemployer Plan that has or with the passage of time may create a withdrawal liability, or (iii) has failed to operate each Employee Benefit Plan maintained by the Borrower, the Trust or any of their respective ERISA Affiliates in compliance in all material respects with the provisions of ERISA and, to the extent applicable, the Code, including but not limited to the provisions thereunder respecting prohibited transactions. With respect to any Employee Benefit Plan that is an employee welfare benefit plan within the meaning of §3(l) or §3(2)(B) of ERISA or any plan that is described in §201(2) or §201(7) of ERISA, none of the Borrower, the Trust nor any ERISA Affiliate has any accrued liability in excess of $5,000,000 that was not incurred in the ordinary course or any accrued liability in excess of $10,000,000.
Employee Benefit Plans; Multiemployer Plans; Guaranteed Pension Plans. (a) Neither the Borrower nor any ERISA Affiliate maintains or contributes to any Employee Benefit Plan, Multiemployer Plan or Guaranteed Pension Plan other than as set forth in Schedule 6.16 hereof.
(i) No Reportable Event has occurred and is continuing with respect to any such Plan; (ii) PBGC has not instituted proceedings to terminate any such Plan; (iii) none of the Obligors has (A) incurred any liability to PBGC with respect to any such Plan other than for premiums not yet due or payable, or (B) instituted or does not intend to institute proceedings to terminate any such Plan under Sections 4041 or 4041A of ERISA or withdraw from any Multi-Employer Pension Plan (as that term is defined in Section 3(37) of ERISA); (iv) each such Plan of the Obligors has been maintained and funded in all material respects in accordance with its terms and with all provisions of ERISA and the Code applicable thereto; (v) where applicable, each of the Obligors has complied with all applicable minimum funding requirements of ERISA and the Code with respect to each Plan; (vi) there are no unfunded benefit liabilities (as defined in Section 4001(a)(18) of ERISA) with respect to any such Plan of any of the Obligors which pose a risk of causing a lien to be created in its assets; and (vii) no material prohibited transaction under the Code or ERISA has occurred with respect to any such Plan of any of the Obligors.
Employee Benefit Plans; Multiemployer Plans; Guaranteed Pension Plans. Except as disclosed in the SEC Filings, none of the Borrower, BPI nor any ERISA Affiliate maintains or contributes to any Employee Benefit Plan, Multiemployer Plan or Guaranteed Pension Plan.
Employee Benefit Plans; Multiemployer Plans; Guaranteed Pension Plans. Except as set forth on Schedule 6.15 annexed hereto, none of the Parties, nor any ERISA Affiliate maintains or contributes to any Employee Benefit Plan, Multiemployer Plan or Guaranteed Pension Plan.
Employee Benefit Plans; Multiemployer Plans; Guaranteed Pension Plans. As of the date hereof, neither the Borrower nor any ERISA Affiliate maintains or contributes to any Guaranteed Pension Plan. Borrower presently contributes to the Multiemployer Plans specified on SCHEDULE 6.16 attached hereto. Borrower presently maintains and contributes to Employee Benefit Plans. To the extent that Borrower or any ERISA Affiliate maintains or contributes to any Employee Benefit Plan, Multiemployer Plan or Guaranteed Pension Plan, it has, and shall at all times in the future, do so in compliance with [SECTION] 7.19 hereof. [SECTION] 6.17. REGULATIONS U AND X. No portion of any Loan is to be used for the purpose of purchasing or carrying any "margin security" or "margin stock" as such terms are used in Regulations U and X of the Board of Governors of the Federal Reserve System, 12 C.F.R. Parts 221 and 224.
Employee Benefit Plans; Multiemployer Plans; Guaranteed Pension Plans. Except as disclosed in the SEC Filings or on Schedule 7.16, none of the Borrower, the Trust nor any ERISA Affiliate (i) maintains or contributes to, or in the prior six years has maintained or contributed to, any Employee Benefit Plan, Multiemployer Plan or Guaranteed Pension Plan. , Multiemployer Plan or Guaranteed Pension Plan, (ii) has any accrued unfunded or underfunded liabilities with respect to any Employee Benefit Plan (other than with respect to any employee welfare benefit plan within the meaning of §3(l) or §3(2)(B) of ERISA or any plan that is described in §201(2) or §201(7) of ERISA), Guaranteed Pension Plan or Multiemployer Plan or are subject to any condition under any Multiemployer Plan that has or with the passage of time may create a withdrawal liability, or (iii) has failed to operate each Employee Benefit Plan maintained by the Borrower, the Trust or any of their respective ERISA Affiliates in compliance in all material respects with the provisions of ERISA and, to the extent applicable, the Code, including but not limited to the provisions thereunder respecting prohibited transactions. With respect to any Employee Benefit Plan that is an employee welfare benefit plan within the meaning of §3(l) or §3(2)(B) of ERISA or any plan that is described in §201(2) or §201(7) of ERISA, none of the Borrower, the Trust nor any ERISA Affiliate has any accrued liability in excess of $5,000,000 that was not incurred in the ordinary course or any accrued liability in excess of $10,000,000.
Employee Benefit Plans; Multiemployer Plans; Guaranteed Pension Plans. Neither Realty Company nor any ERISA Affiliate, other than Grossman's, maixxxxxx xx contributes to any Employee Benefit Plan, Multiemployer Plan or Guaranteed Pension Plan.
Employee Benefit Plans; Multiemployer Plans; Guaranteed Pension Plans. Neither Borrower nor any ERISA Affiliate maintains or contributes to any Employee Benefit Plan, Multiemployer Plan or Guaranteed Pension Plan other than a qualified 401(k) plan or health care plans, which plans are in full compliance with all applicable laws and for which Borrower has made all contributions required to be made. Borrower will maintain such plan in full compliance with applicable laws and will continue to make all required contributions thereto.
