Common use of ERISA and Plans Clause in Contracts

ERISA and Plans. Borrower shall promptly furnish to the Bank: --------------- (a) Within ten (10) Business Days after the occurrence of a Reportable Event with respect to any Plan, a copy of any materials required to be filed with the PBGC with respect to such Reportable Event; (b) A copy of any notice of intent to terminate a Plan, no later than the date such notice is required to be provided to participants of such Plan under Section 4041(a)(2) of ERISA, and copies of any notices of noncompliance received from the PBGC under Section 4041(b)(2)(C) of ERISA, within ten (10) Business Days after the receipt by Borrower or its Subsidiary of such notice; (c) Not later than ten (10) Business Days after the receipt thereof by Borrower, any Subsidiary of Borrower, any ERISA Affiliate of Borrower or such Subsidiary, or the administrator of any Plan, a copy of any notice to Borrower or such Subsidiary that the PBGC has instituted proceedings to terminate such Plan or to appoint a trustee to administer such Plan; (d) A statement from the chief financial officer of Borrower describing any event or condition which might constitute grounds under Section 4042 of ERISA for the termination of any Plan or for the appointment of a trustee to administer any Plan, within ten (10) Business Days after Borrower knows or has reason to know such event or condition exists; and (e) Within ten (10) Business Days after receipt thereof by Borrower or any ERISA Affiliate of Borrower, a copy of any notice concerning the imposition of any withdrawal liability under Section 4202 of ERISA.

ERISA and Plans. Borrower shall promptly furnish to the --------------- Bank: ---------------: (a) Within ten (10) Business Days after the occurrence of a Reportable Event with respect to any Plan, a copy of any materials required to be filed with the PBGC with respect to such Reportable Event; (b) A copy of any notice of intent to terminate a Plan, no later than the date such notice is required to be provided to participants of such Plan under Section 4041(a)(2) of ERISA, and copies of any notices of noncompliance received from the PBGC under Section 4041(b)(2)(C) of ERISA, within ten (10) Business Days after the receipt by Borrower or its Subsidiary of such notice; (c) Not later than ten (10) Business Days after the receipt thereof by Borrower, any Subsidiary of Borrower, any ERISA Affiliate of Borrower or such Subsidiary, or the administrator of any Plan, a copy of any notice to Borrower or such Subsidiary that the PBGC has instituted proceedings to terminate such Plan or to appoint a trustee to administer such Plan; (d) A statement from the chief financial officer of Borrower describing any event or condition which might constitute grounds under Section 4042 of ERISA for the termination of any Plan or for the appointment of a trustee to administer any Plan, within ten (10) Business Days after Borrower knows or has reason to know such event or condition exists; and (e) Within ten (10) Business Days after receipt thereof by Borrower or any ERISA Affiliate of Borrower, a copy of any notice concerning the imposition of any withdrawal liability under Section 4202 of ERISA.

ERISA and Plans. Borrower shall promptly furnish to the Bank: ---------------: (a) Within ten (10) Business Days after the occurrence of a Reportable Event with respect to any Plan, a copy of any materials required to be filed with the PBGC with respect to such Reportable Event; (b) A copy of any notice of intent to terminate a Plan, no later than the date such notice is required to be provided to participants of such Plan under Section 4041(a)(2) of ERISA, and copies of any notices of noncompliance received from the PBGC under Section 4041(b)(2)(C) of ERISA, within ten (10) Business Days after the receipt by Borrower or its Subsidiary of such notice; (c) Not later than ten (10) Business Days after the receipt thereof by Borrower, any Subsidiary of Borrower, any ERISA Affiliate of Borrower or such Subsidiary, or the administrator of any Plan, a copy of any notice to Borrower or such Subsidiary that the PBGC has instituted proceedings to terminate such Plan or to appoint a trustee to administer such Plan; (d) A statement from the chief financial officer of Borrower describing any event or condition which might constitute grounds under Section 4042 of ERISA for the termination of any Plan or for the appointment of a trustee to administer any Plan, within ten (10) Business Days after Borrower knows or has reason to know such event or condition exists; and (e) Within ten (10) Business Days after receipt thereof by Borrower or any ERISA Affiliate of Borrower, a copy of any notice concerning the imposition of any withdrawal liability under Section 4202 of ERISA.

ERISA and Plans. Borrower shall promptly furnish to the Bank: ---------------: (aA) Within ten (10) Business Days after the occurrence of a Reportable Event with respect to any Plan, a copy of any materials required to be filed with the PBGC with respect to such Reportable Event; (bB) A copy of any notice of intent to terminate a Plan, no later than the date such notice is required to be provided to participants of such Plan under Section 4041(a)(2) of ERISA, and copies of any notices of noncompliance received from the PBGC under Section 4041(b)(2)(C) of ERISA, within ten (10) Business Days after the receipt by Borrower or its Subsidiary of such notice; (cC) Not later than ten (10) Business Days after the receipt thereof by Borrower, any Subsidiary of Borrower, any ERISA Affiliate of Borrower or such Subsidiary, or the administrator of any Plan, a copy of any notice to Borrower or such Subsidiary that the PBGC has instituted proceedings to terminate such Plan or to appoint a trustee to administer such Plan; (dD) A statement from the chief financial officer of Borrower describing any event or condition which might constitute grounds under Section 4042 of ERISA for the termination of any Plan or for the appointment of a trustee to administer any Plan, within ten (10) Business Days after Borrower knows or has reason to know such event or condition exists; and (eE) Within ten (10) Business Days after receipt thereof by Borrower or any ERISA Affiliate of Borrower, a copy of any notice concerning the imposition of any withdrawal liability under Section 4202 of ERISA.