Common use of Employee Benefit Plans Clause in Contracts

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit Plan; or

Appears in 19 contracts

Samples: Credit Agreement (On Deck Capital, Inc.), Credit Agreement (On Deck Capital, Inc.), Credit Agreement (On Deck Capital, Inc.)

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Employee Benefit Plans. (i) There shall occur one or more ERISA Events which that have had or could reasonably be expected to have, individually or in the aggregate results in or might reasonably be expected to result in aggregate, a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit PlanEffect; or

Appears in 18 contracts

Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might would reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit PlanEffect; or

Appears in 11 contracts

Samples: Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might could reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit PlanEffect; or

Appears in 11 contracts

Samples: Financing Agreement (Danimer Scientific, Inc.), Credit and Guaranty Agreement (Ascend Wellness Holdings, LLC), Credit and Guaranty Agreement (Grifols SA)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which that individually or in the aggregate results in have resulted in, or might could reasonably be expected to result in in, a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit Plan; orEffect;

Appears in 10 contracts

Samples: Credit and Guaranty Agreement (PetIQ, Inc.), Credit and Guaranty Agreement (PetIQ, Inc.), Credit and Guaranty Agreement (PetIQ, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate that results in or might reasonably be expected to result in have a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; hereof, or (ii) Company shall establish there exists any fact or contribute circumstance that reasonably could be expected to any Employee Benefit Plan; result in the imposition of a Lien or security interest under Section 430(k) of the Internal Revenue Code or under Section 303(k) of ERISA, or

Appears in 8 contracts

Samples: Abl Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (Franchise Group, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might would reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the CollateralEffect; or (ii) Company shall establish there exists any fact or contribute circumstance that reasonably could be expected to any Employee Benefit Planresult in the imposition of a Lien or security interest pursuant to Section 430(k) of the Internal Revenue Code or Section 303(k) of ERISA or a violation of Section 436 of the Internal Revenue Code; or

Appears in 7 contracts

Samples: Counterpart Agreement (PVH Corp. /De/), Credit and Guaranty Agreement (PVH Corp. /De/), Credit and Guaranty Agreement (PVH Corp. /De/)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might would reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit Plan; or

Appears in 7 contracts

Samples: Credit Agreement (Enova International, Inc.), Credit Agreement (Enova International, Inc.), Credit Agreement (Enova International, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which that could reasonably be expected to have, individually or in the aggregate results in or might reasonably be expected to result in aggregate, a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit PlanEffect; or

Appears in 7 contracts

Samples: Credit and Guaranty Agreement (Northstar Realty Finance Corp.), Credit and Guaranty Agreement (Northstar Realty Finance Corp.), Credit and Guaranty Agreement (Gramercy Property Trust Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might reasonably be expected to result in which has a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit Plan; or

Appears in 6 contracts

Samples: Credit Agreement (FlexShopper, Inc.), Credit Agreement (FlexShopper, Inc.), Credit Agreement (FlexShopper, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might would reasonably be expected to result in or have a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit PlanEffect; or

Appears in 6 contracts

Samples: Credit and Guaranty Agreement (Sculptor Capital Management, Inc.), Credit and Guaranty Agreement (Sculptor Capital Management, Inc.), Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which which, individually or in the aggregate aggregate, results in or might would reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit Plan; orEffect;

Appears in 6 contracts

Samples: Revolving Credit Agreement (Cheniere Energy, Inc.), Credit Agreement, Revolving Credit Agreement (Cheniere Energy, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which or similar events in respect of any Foreign Plans, that individually or in the aggregate results result in or might could reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit PlanEffect; or

Appears in 6 contracts

Samples: Credit Agreement (FTD Companies, Inc.), Credit Agreement (FTD Companies, Inc.), Credit Agreement (United Online Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which that have had or would reasonably be expected to have, individually or in the aggregate results in or might reasonably be expected to result in aggregate, a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit Plan; orEffect.

Appears in 6 contracts

Samples: Credit Agreement, Credit Agreement (Facebook Inc), Credit Agreement (Facebook Inc)

Employee Benefit Plans. There shall occur (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might could reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit Planthe ERISA Event described in clause (ii) of the definition thereof; or

Appears in 5 contracts

Samples: Pledge and Security Agreement (Fairmount Santrol Holdings Inc.), Intercreditor Agreement (Fairmount Santrol Holdings Inc.), Credit and Guaranty Agreement (Fmsa Holdings Inc)

Employee Benefit Plans. (i) There shall occur occurs one or more ERISA Events which that individually or in the aggregate results in or might could reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit PlanEffect; or

Appears in 5 contracts

Samples: Credit and Guaranty Agreement (Bioventus Inc.), Credit and Guaranty Agreement (Bioventus Inc.), Credit and Guaranty Agreement (Bioventus Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might could reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the CollateralEffect; or (ii) Company shall establish there exists any fact or contribute circumstance that results in the imposition of a Lien pursuant to any Employee Benefit PlanSection 430(k) of the Code or Section 303(k) or 4068 of ERISA on the assets of the Borrower or its Subsidiaries that primes the Liens that secure the Obligations; or

Appears in 4 contracts

Samples: First Lien Credit and Guaranty Agreement (Airbnb, Inc.), Credit and Guaranty Agreement (Airbnb, Inc.), First Lien Credit and Guaranty Agreement (Airbnb, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might would reasonably be expected to result in a Material Adverse Effect on the Borrower during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit Planhereof; or

Appears in 4 contracts

Samples: Senior Secured Term Loan Facility Agreement (Home Loan Servicing Solutions, Ltd.), Credit Agreement (Altisource Portfolio Solutions S.A.), Senior Secured Term Loan Facility Agreement (Ocwen Financial Corp)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might would reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the CollateralEffect; or (ii) Company a Lien or security interest under Section 430(k) of the Internal Revenue Code or under ERISA shall establish be imposed on the assets of the Borrower or contribute any of its ERISA Affiliates which Lien or security interest would reasonably be expected to any Employee Benefit Planhave a Material Adverse Effect; or

Appears in 4 contracts

Samples: Revolving Credit Agreement (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might would reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the CollateralEffect; or (ii) Company shall establish there exists any fact or contribute circumstance that reasonably could be expected to any Employee Benefit Planresult in the imposition of a Lien or security interest pursuant to Section 430(k) of the Code or ERISA or a violation of Section 436 of the Code; or

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Hologic Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might could reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the CollateralEffect; or (ii) Company shall establish there exists any fact or contribute circumstance that results in the imposition of a Lien pursuant to any Employee Benefit PlanSection 430(k) of the Code or Section 303(k) or 4068 of ERISA on the assets of the Borrower or its Restricted Subsidiaries that primes the Liens that secure the Obligations; or

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (2U, Inc.), Credit and Guaranty Agreement (2U, Inc.), Term Loan Credit and Guaranty Agreement (2U, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which that individually or in the aggregate results in or might reasonably could be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit Plan; orEffect;

Appears in 3 contracts

Samples: Credit Agreement (Hospitality Investors Trust, Inc.), Dip Credit Agreement (Hospitality Investors Trust, Inc.), Restructuring Support Agreement (Hospitality Investors Trust, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which that individually or in the aggregate results in have resulted in, or might could reasonably be expected to result in have a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit Plan; orEffect;

Appears in 3 contracts

Samples: Credit Agreement (Navistar International Corp), Agreement (Navistar International Corp), Credit Agreement (Navistar International Corp)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which that individually or in the aggregate results result in or might could reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit PlanEffect; or

Appears in 3 contracts

Samples: Credit Agreement (Panolam Industries International Inc), Credit Agreement (Panolam Industries International Inc), Credit Agreement (Panolam Industries International Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate that results in or might reasonably be expected to result in have a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; hereof, or (ii) Company shall establish there exists any fact or contribute circumstance that reasonably could be expected to any Employee Benefit Plan; result in the imposition of a Lien or security interest under Section 412(n) of the Internal Revenue Code or under ERISA, or

Appears in 3 contracts

Samples: Credit Agreement (Orbital Energy Group, Inc.), Credit Agreement (Liberty Tax, Inc.), Credit Agreement (Liberty Tax, Inc.)

Employee Benefit Plans. (i) There shall occur The occurrence of one or more ERISA Events which would, individually or in the aggregate results in or might aggregate, reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit PlanEffect; or

Appears in 3 contracts

Samples: Credit Agreement (Reynolds Group Holdings LTD), Credit Agreement (Reynolds Consumer Products Inc.), Credit Agreement (Reynolds Consumer Products Inc.)

Employee Benefit Plans. (i) There shall occur exist one or more ERISA Events which which, individually or in the aggregate results in aggregate, has or might would reasonably be expected to result in have a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit PlanEffect; or

Appears in 2 contracts

Samples: Credit Agreement (Dominos Inc), Credit Agreement (Dominos Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateralhereof; or (ii) Company shall establish there exists any fact or contribute circumstance that reasonably could be expected to any Employee Benefit Planresult in the imposition of a Lien under Section 430 of the Internal Revenue Code or security interest under Section 436 of the Internal Revenue Code or under ERISA; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Tumi Holdings, Inc.), Pledge and Security Agreement (Tumi Holdings, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might would reasonably be expected to result in a Material Adverse Effect on Parent or the Borrower during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit Planhereof; or

Appears in 2 contracts

Samples: Joinder and Second Amendment Agreement (Ocwen Financial Corp), Counterpart Agreement (Ocwen Financial Corp)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might reasonably be expected to result in a Material Adverse Effect on the Company during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit Planof this Agreement; or

Appears in 2 contracts

Samples: Credit Agreement (Petco Animal Supplies Inc), Credit Agreement (Petco Animal Supplies Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the CollateralEffect; or (ii) Company shall establish there exists any fact or contribute circumstance that reasonably could be expected to any Employee Benefit Plan; orresult in the imposition of a Lien or security interest under Section 412(n) of the Internal Revenue Code or under ERISA.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (SolarWinds, Inc.), Credit and Guaranty Agreement (SolarWinds, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might would reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit Plan; orEffect;

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (IMS Health Holdings, Inc.), Credit and Guaranty Agreement (IMS Health Holdings, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might would reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateralhereof; or (ii) Company shall establish there exists any fact or contribute circumstance that reasonably could be expected to any Employee Benefit Planresult in the imposition of a Lien or security interest under Section 412(n) of the Internal Revenue Code or under ERISA; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Kraton Polymers LLC), Credit and Guaranty Agreement (Kraton Polymers LLC)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might would reasonably be expected to result in Material Adverse Effect ; or (ii) there exists any fact or circumstance that reasonably could be expected to result in the imposition of a Lien or security interest under Section 430(k) of the Internal Revenue Code or under Section 303(k) of ERISA which, individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit PlanEffect; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might could reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit Planhereof; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Covanta Holding Corp), Project    Description    Agreement (Covanta Holding Corp)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which which, individually or in the aggregate aggregate, results in or might would reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit PlanEffect; or

Appears in 2 contracts

Samples: Credit Agreement (PVH Corp. /De/), Credit and Guaranty Agreement (PVH Corp. /De/)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might would reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit Plan; orEffect.

Appears in 2 contracts

Samples: Credit Agreement (P10, Inc.), Credit Agreement (P10, Inc.)

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Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might could reasonably be expected to result in a Material Adverse Effect during the term hereof of this Agreement; or there shall exist an amount of unfunded benefit liabilities (as set forth in the most recent valuation report), individually or in the aggregate for all Pension Plans (excluding for purposes of such computation any Pension Plans with respect to which assets exceed benefit liabilities), which individually or in the aggregate results in or could reasonably be expected to result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit Plan; orMaterial Adverse Effect;

Appears in 2 contracts

Samples: Credit Agreement (Joy Global Inc), Credit Agreement (Joy Global Inc)

Employee Benefit Plans. There shall occur (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might could reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute the ERISA Event described in clause (b) of the definition thereof unless such ERISA Event (A) is solely due to any Employee Benefit Planan administrative error which is corrected as soon as practicable following knowledge thereof and (B) could not reasonably be expected to result in a liability in excess of $25,000,000; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Grifols SA), Credit and Guaranty Agreement (Grifols Germany GmbH)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which that have had or could reasonably be expected to have, individually or in the aggregate results in or might reasonably be expected to result in aggregate, a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit Plan; orEffect.

Appears in 2 contracts

Samples: Credit and Guarantee Agreement (Telx Group, Inc.), Credit and Guarantee Agreement (Telx Group, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might would reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the CollateralEffect; or (ii) Company shall establish there exists any fact or contribute circumstance that reasonably could be expected to result in the imposition of a Lien or security interest pursuant to Section 430(k) of the Internal Revenue Code or Section 4068 of ERISA upon the property and rights to property belonging to Borrower, any Employee Benefit Planof the Guarantors or any of their respective ERISA Affiliates; or

Appears in 2 contracts

Samples: Term Loan and Guaranty Agreement (TerraForm Power, Inc.), Credit and Guaranty Agreement (TerraForm Power, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events or Non-U.S. Benefit Plan Events which individually or in the aggregate results in or might could reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit PlanEffect; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (AVG Technologies N.V.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might would reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit Plan; orAdverse

Appears in 1 contract

Samples: Revolving Credit Agreement (Las Vegas Sands Corp)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might would reasonably be expected to result in have a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit PlanEffect; or

Appears in 1 contract

Samples: Credit Agreement (Tiptree Financial Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might could reasonably be expected to result in liability of Holding, any of its Subsidiaries or any of their respective ERISA Affiliates that could reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit Plan; orhereof,

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Houghton Mifflin Co)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might could reasonably be expected to result in a Material Adverse Effect during or in the term hereof or result in imposition of a Lien being imposed on or security interest under Section 412(n) or 430(k) of the CollateralInternal Revenue Code or under Section 302(f) or 303(k) or Title IV of ERISA; or (ii) Company there shall establish occur one or contribute more Foreign Benefit Events which individually or in the aggregate would reasonably be expected to any Employee Benefit Plan; orresult in a Material Adverse Effect;

Appears in 1 contract

Samples: Lease Agreement (GPB Holdings II, LP)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might would reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit Planof this Agreement; or

Appears in 1 contract

Samples: Credit Agreement (Petco Animal Supplies Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might would reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the CollateralEffect; or (ii) Company shall establish or contribute to any Employee Benefit Plan; orj)

Appears in 1 contract

Samples: Credit Agreement (Altisource Portfolio Solutions S.A.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results result in or might would reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the CollateralEffect; or (ii) Company shall establish or contribute to any Employee Benefit Plan; ork)

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might could reasonably be expected to result in liability of Holding, any of its Subsidiaries or any of their respective ERISA Affiliates that could reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit Plan; orhereof;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Hm Publishing Corp)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit Plan; or

Appears in 1 contract

Samples: Credit Agreement (On Deck Capital, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might could reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateralhereof; or (ii) Company shall establish or contribute to any Employee Benefit Plan; ork)

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Covanta Holding Corp)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the CollateralCollateral or any assets of Borrower; or (ii) Company Borrower shall establish establish, sponsor or contribute to any Employee Benefit Plan; or

Appears in 1 contract

Samples: Credit Agreement (Healing Co Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might could reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit PlanEffect; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Digitalglobe, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit PlanEffect; or

Appears in 1 contract

Samples: Note Purchase Agreement and Guaranty (Inspired Entertainment, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit Plan; or (iii) the assets of the Company constitute “plan assets” within the meaning of Section 3(42) of ERISA; or

Appears in 1 contract

Samples: Credit Agreement (On Deck Capital, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might would reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit Plan; or

Appears in 1 contract

Samples: Credit Agreement (On Deck Capital, Inc.)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might would reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the CollateralEffect; or (ii) Company shall establish there exists any fact or contribute circumstance that reasonably could be expected to any Employee Benefit Plan; orresult in the imposition of a Lien or security interest under Section 412(n) of the Internal Revenue Code or under ERISA on the assets of Holdings and its Subsidiaries.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Carters Imagination Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which individually or in the aggregate results in or might reasonably be expected to result in a Material Adverse Effect during the term hereof or result in a Lien being imposed on the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit Plan; oror 76

Appears in 1 contract

Samples: Credit Agreement (On Deck Capital Inc)

Employee Benefit Plans. (i) There shall occur one or more ERISA Events which which, individually or in the aggregate results in or might could reasonably be expected to result in a Material Adverse Effect during Effect, in each case, in the term hereof or result in a Lien being imposed on reasonable opinion of the Collateral; or (ii) Company shall establish or contribute to any Employee Benefit PlanRequisite Lenders; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.)

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