Common use of Employee Benefits and Pension Plans Clause in Contracts

Employee Benefits and Pension Plans. (a) With respect to each Plan, comply in all material respects with the applicable provisions of ERISA and the Code and (b) furnish to the Administrative Agent (x) as soon as possible after, and in any event within 10 days after any Responsible Officer of the Domestic Companies or their ERISA Affiliates or any ERISA Affiliate knows or has reason to know that, any ERISA Event has occurred that, alone or together with any other ERISA Event could reasonably be expected to result in liability of the Domestic Companies or their ERISA Affiliates in an aggregate amount exceeding $500,000 or the imposition of a Lien, a statement of a Financial Officer of Holdings setting forth details as to such ERISA Event and the action, if any, that the Domestic Companies propose to take with respect thereto, and (y) upon request by the Administrative Agent, copies of: (i) each Schedule B (Actuarial Information) to the annual report (Form 5500 Series) filed by any Domestic Company or any ERISA Affiliate with the Internal Revenue Service with respect to each Plan; (ii) the most recent actuarial valuation report for each Plan; (iii) all notices received by any Domestic Company or any ERISA Affiliate from a Multiemployer Plan sponsor or any governmental agency concerning an ERISA Event; and (iv) such other documents or governmental reports or filings relating to any Plan (or employee benefit plan sponsored or contributed to by any Domestic Company) as the Administrative Agent shall reasonably request. (b) For each existing Canadian Pension Plan of any Canadian Loan Party, such Canadian Loan Party shall, except as provided in Schedule 3.16, ensure that such plan retains its registered status under and is administered in a timely manner in all material respects in accordance with the applicable pension plan text, funding agreement, the ITA and all other applicable laws. For each Canadian Pension Plan hereafter adopted by any Canadian Loan Party that is required to be registered under the ITA or any other applicable laws, that Canadian Loan Party shall use its best efforts to seek and receive confirmation in writing from the applicable governmental authorities to the effect that such plan is unconditionally registered under the ITA and such other applicable laws. For each existing and hereafter adopted Canadian Pension Plan and Canadian Benefit Plan of any Canadian Loan Party, such Canadian Loan Party shall in a timely fashion perform in all material respects all obligations (including fiduciary, funding, investment and administration obligations) required to be performed in connection with such plan and the funding media therefor. Each Canadian Loan Party shall deliver to Collateral Agent if requested by Collateral Agent, (i) promptly after the filing thereof by such Canadian Loan Party with any applicable governmental authority, copies of each annual and other return, report or valuation with respect to each Canadian Pension Plan of such Canadian Loan Party; (ii) promptly after receipt thereof, a copy of any direction, order, notice, ruling or opinion that such Canadian Loan Party may receive from any applicable Governmental Authority with respect to any Canadian Pension Plan of such Canadian Loan Party; (iii) notification within 30 days of any increases having a cost to such Canadian Loan Party in excess of Cdn. $500,000 per annum, in the benefits of any existing Canadian Pension Plan or Canadian Benefit Plan, or the establishment of any new Canadian Pension Plan or Canadian Benefit Plan, or the commencement of contributions to any such plan to which such Canadian Loan Party was not previously contributing and (iv) all material documents related to matters disclosed in Schedule 3.16.

Employee Benefits and Pension Plans. (a) With respect to each Plan, comply in all material respects with the applicable provisions of ERISA and the Code and (b) furnish to the Administrative Agent (x) as soon as possible after, and in any event within 10 days after any Responsible Officer of the Domestic Companies or their ERISA Affiliates or any ERISA Affiliate knows or has reason to know that, any ERISA Event has occurred that, alone or together with any other ERISA Event could reasonably be expected to result in liability of the Domestic Companies or their ERISA Affiliates in an aggregate amount exceeding $500,000 or the imposition of a Lien, a statement of a Financial Officer of Holdings setting forth details as to such ERISA Event and the action, if any, that the Domestic Companies propose to take with respect thereto, and (y) upon request by the Administrative Agent, copies of: (i) each Schedule B (Actuarial Information) to the annual report (Form 5500 Series) filed by any Domestic Company or any ERISA Affiliate with the Internal Revenue Service with respect to each Plan; (ii) the most recent actuarial valuation report for each Plan; (iii) all notices received by any Domestic Company or any ERISA Affiliate from a Multiemployer Plan sponsor or any governmental agency concerning an ERISA Event; and (iv) such other documents or governmental reports or filings relating to any Plan (or employee benefit plan sponsored or contributed to by any Domestic Company) as the Administrative Agent shall reasonably request. (b) For each existing Canadian Pension Plan of any Canadian Loan Party, such Canadian Loan Party shall, except as provided in Schedule 3.16, ensure that such plan retains its registered status under and is administered in a timely manner in all material respects in accordance with the applicable pension plan text, funding agreement, the ITA and all other applicable laws. For each Canadian Pension Plan hereafter adopted by any Canadian Loan Party that is required to be registered under the ITA or any other applicable laws, that Canadian Loan Party shall use its best efforts to seek and receive confirmation in writing from the applicable governmental authorities to the effect that such plan is unconditionally registered under the ITA and such other applicable laws. For each existing and hereafter adopted Canadian Pension Plan and Canadian Benefit Plan of any Canadian Loan Party, such Canadian Loan Party shall in a timely fashion perform in all material respects all obligations (including fiduciary, funding, investment and administration obligations) required to be performed in connection with such plan and the funding media therefor. Each Canadian Loan Party shall deliver to Collateral Agent if requested by Collateral Agent, (i) promptly after the filing thereof by such Canadian Loan Party with any applicable governmental authority, copies of each annual and other return, report or valuation with respect to each Canadian Pension Plan of such Canadian Loan Party; (ii) promptly after receipt thereof, a copy of any direction, order, notice, ruling or opinion that such Canadian Loan Party may receive from any applicable Governmental Authority with respect to any Canadian Pension Plan of such Canadian Loan Party; (iii) notification within 30 days of any increases having a cost to such Canadian Loan Party in excess of Cdn. $500,000 250,000 per annum, in the benefits of any existing Canadian Pension Plan or Canadian Benefit Plan, or the establishment of any new Canadian Pension Plan or Canadian Benefit Plan, or the commencement of contributions to any such plan to which such Canadian Loan Party was not previously contributing and (iv) all material documents related to matters disclosed in Schedule 3.16.

Employee Benefits and Pension Plans. (a) With respect to each Plan, comply in all material respects with the applicable provisions of ERISA and the Code and (b) furnish to the Administrative Agent (x) as soon as possible after, and in any event within 10 days after any Responsible Officer of the Domestic Companies or their ERISA Affiliates or any ERISA Affiliate knows or has reason to know that, any ERISA Event has occurred that, alone or together with any other ERISA Event could reasonably be expected to result in liability of the Domestic Companies or their ERISA Affiliates in an aggregate amount exceeding $500,000 or the imposition of a Lien, a statement of a Financial Officer of Holdings setting forth details as to such ERISA Event and the action, if any, that the Domestic Companies propose to take with respect thereto, and (y) upon request by the Administrative Agent, copies of: (i) each Schedule B (Actuarial Information) to the annual report (Form 5500 Series) filed by any Domestic Company or any ERISA Affiliate with the Internal Revenue Service with respect to each Plan; (ii) the most recent actuarial valuation report for each Plan; (iii) all notices received by any Domestic Company or any ERISA Affiliate from a Multiemployer Plan sponsor or any governmental agency concerning an ERISA Event; and (iv) such other documents or governmental reports or filings relating to any Plan (or employee benefit plan sponsored or contributed to by any Domestic Company) as the Administrative Agent shall reasonably request. (b) For each existing Canadian Pension Plan of any Canadian Loan Party, such Canadian Loan Party shall, except as provided in Schedule 3.16, ensure that such plan retains its registered status under and is administered in a timely manner in all material respects in accordance with the applicable pension plan text, funding agreement, the ITA and all other applicable laws. For each Canadian Pension Plan hereafter adopted by any Canadian Loan Party that is required to be registered under the ITA or any other applicable laws, that Canadian Loan Party shall use its best efforts to seek and receive confirmation in writing from the applicable governmental authorities to the effect that such plan is unconditionally registered under the ITA and such other applicable laws. For each existing and hereafter adopted Canadian Pension Plan and Canadian Benefit Plan of any Canadian Loan Party, such Canadian Loan Party shall in a timely fashion perform in all material respects all obligations (including fiduciary, funding, investment and administration obligations) required to be performed in connection with such plan and the funding media therefor. Each Canadian Loan Party shall deliver to Collateral Agent if requested by Collateral Agent, (i) promptly after the filing thereof by such Canadian Loan Party with any applicable governmental authority, copies of each annual and other return, report or valuation with respect to each Canadian Pension Plan of such Canadian Loan Party; (ii) promptly after receipt thereof, a copy of any direction, order, notice, ruling or opinion that such Canadian Loan Party may receive from any applicable Governmental Authority with respect to any Canadian Pension Plan of such Canadian Loan Party; (iii) notification within 30 days of any increases having a cost to such Canadian Loan Party in excess of Cdn. $500,000 250,000 per annum, in the benefits of any existing Canadian Pension Plan or Canadian Benefit Plan, or the establishment of any new Canadian 100 Pension Plan or Canadian Benefit Plan, or the establishment of any new Canadian Pension Plan or Canadian Benefit Plan, or the commencement of contributions to any such plan to which such Canadian Loan Party was not previously contributing and (iv) all material documents related to matters disclosed in Schedule 3.16.

Employee Benefits and Pension Plans. (a) With respect to each Plan, comply in all material respects with the applicable provisions of ERISA and the Code and (b) furnish to the Administrative Agent (x) as soon as possible after, and in any event within 10 days after any Responsible Officer of the Domestic Companies or their ERISA Affiliates or any ERISA Affiliate knows or has reason to know that, any ERISA Event has occurred that, alone or together with any other ERISA Event could reasonably be expected to result in liability of the Domestic Companies or their ERISA Affiliates in an aggregate amount exceeding $500,000 or the imposition of a Lien, a statement of a Financial Officer of Holdings setting forth details as to such ERISA Event and the action, if any, that the Domestic Companies propose to take with respect thereto, and (y) upon request by the Administrative Agent, copies of: (i) each Schedule B (Actuarial Information) to the annual report (Form 5500 Series) filed by any Domestic Company or any ERISA Affiliate with the Internal Revenue Service with respect to each Plan; (ii) the most recent actuarial valuation report for each Plan; (iii) all notices received by any Domestic Company or any ERISA Affiliate from a Multiemployer Plan sponsor or any governmental agency concerning an ERISA Event; and (iv) such other documents or governmental reports or filings relating to any Plan (or employee benefit plan sponsored or contributed to by any Domestic Company) as the Administrative Agent shall reasonably request. (b) For each existing Canadian Pension Plan of any Canadian Loan Party, such Canadian Loan Party shall, except as provided in Schedule 3.16, ensure that such plan retains its registered status under and is administered in a timely manner in all material respects in accordance with the applicable pension plan text, funding agreement, the ITA and all other applicable laws. For 100 each Canadian Pension Plan hereafter adopted by any Canadian Loan Party that is required to be registered under the ITA or any other applicable laws, that Canadian Loan Party shall use its best efforts to seek and receive confirmation in writing from the applicable governmental authorities to the effect that such plan is unconditionally registered under the ITA and such other applicable laws. For each existing and hereafter adopted Canadian Pension Plan and Canadian Benefit Plan of any Canadian Loan Party, such Canadian Loan Party shall in a timely fashion perform in all material respects all obligations (including fiduciary, funding, investment and administration obligations) required to be performed in connection with such plan and the funding media therefor. Each Canadian Loan Party shall deliver to Collateral Agent if requested by Collateral Agent, (i) promptly after the filing thereof by such Canadian Loan Party with any applicable governmental authority, copies of each annual and other return, report or valuation with respect to each Canadian Pension Plan of such Canadian Loan Party; (ii) promptly after receipt thereof, a copy of any direction, order, notice, ruling or opinion that such Canadian Loan Party may receive from any applicable Governmental Authority with respect to any Canadian Pension Plan of such Canadian Loan Party; (iii) notification within 30 days of any increases having a cost to such Canadian Loan Party in excess of Cdn. $500,000 250,000 per annum, in the benefits of any existing Canadian Pension Plan or Canadian Benefit Plan, or the establishment of any new Canadian Pension Plan or Canadian Benefit Plan, or the commencement of contributions to any such plan to which such Canadian Loan Party was not previously contributing and (iv) all material documents related to matters disclosed in Schedule 3.16.