Common use of ERISA; Canadian Pension Plans Clause in Contracts

ERISA; Canadian Pension Plans. (a) Each Plan is in compliance in form and operation with its terms and, as applicable, with collective bargaining agreements, ERISA, the Code and all other applicable Requirements of Law, except where any failure to comply would not reasonably be expected to result in a Material Adverse Effect. (b) No ERISA Event has occurred and is continuing or is reasonably expected to occur that, when taken together with all other such ERISA Events for which liability is reasonably expected to occur, would reasonably be expected to result in a Material Adverse Effect. (i) As of the Closing Date, no Canadian Loan Party maintains, sponsors or contributes to, or has any liability under, any Canadian Pension Plan, Canadian Defined Benefit Pension Plan or Canadian Multiemployer Plan, (ii) each Canadian Pension Plan is, and has been, established, registered, amended, funded, invested and administered in compliance with its terms and with Canadian Pension Legislation (where applicable) and all other applicable Requirements of Law, except where any failure to comply would not reasonably be expected to result in a Material Adverse Effect, (iii) all employer and employee contributions required to be remitted, paid to or paid in respect of each Canadian Pension Plan have been paid or remitted in accordance with its terms and with Canadian Pension Legislation (where applicable) and all other applicable Requirements of Law, except where any failure to do so would not reasonably be expected to result in a Material Adverse Effect and (iv) no event has occurred which could reasonably be expected to adversely affect the registered status of any Canadian Pension Plan, except to the extent any of the foregoing in this clause (iv) would not reasonably be expected to result in a Material Adverse Effect.

ERISA; Canadian Pension Plans. (a) Each Plan is in compliance in form and operation with its terms and, as applicable, with collective bargaining agreements, ERISA, the Code and all other applicable Requirements of Law, except where any failure to comply would not reasonably be expected to result in a Material Adverse Effect. (b) No ERISA Event has occurred and is continuing or is reasonably expected to occur that, when taken together with all other such ERISA Events for which liability is reasonably expected to occur, could reasonably be expected to have a Material Adverse Effect. The present value of all accumulated benefit obligations of all underfunded Plans (based on the assumptions used for purposes of Accounting Standards Codification 715-30) did not, as of the date of the most recent financial statements reflecting such amounts, exceed the fair market value of the assets of all such underfunded Plans, in each case by an amount that, if required to be paid by the Company and its Subsidiaries, would reasonably be expected to result in have a Material Adverse Effect. (b) Each Canadian Credit Party is in compliance with the requirements of the Employment Pension Plans Act (Alberta), the Pension Benefits Act (Ontario) and other federal or provincial laws with respect to each (i) As of the Closing Date, no Canadian Loan Party maintains, sponsors or contributes to, or has any liability under, any Canadian Pension Plan, Canadian Defined Benefit Pension Plan or Canadian Multiemployer Plan, (ii) each Canadian Pension Plan is, and has been, established, registered, amended, funded, invested and administered in compliance with its terms and with Canadian Pension Legislation (where applicable) and all other applicable Requirements of Law, except where any the failure to comply would not reasonably be expected to result in have a Material Adverse Effect, and (iiiii) all employer and employee contributions required to be remitted, paid to Canadian Defined Benefit Plan. No fact or paid in respect of each Canadian Pension Plan have been paid or remitted in accordance with its terms and with Canadian Pension Legislation (where applicable) and all other applicable Requirements of Law, except where any failure to do so would not situation that may reasonably be expected to result in a Material Adverse Effect and exists in connection with any Canadian Pension Plan or Canadian Defined Benefit Plan. No Canadian Pension Event has occurred. No Canadian Credit Party has a Canadian Defined Benefit Plan. No lien has arisen, xxxxxx or inchoate, in respect of any Canadian Credit Party or their property in connection with (iva) no event has occurred which could reasonably be expected to adversely affect the registered status of any Canadian Pension Plan, except to the extent or (b) any “registered pension plan” as defined in subsection 248(1) of the foregoing Income Tax Act (Canada) that is sponsored and maintained by a third party to which a Credit Party contributes in this clause respect of some or all of its employees (iv) would in each case, save for contribution amounts not reasonably be expected to result in a Material Adverse Effectyet due).

ERISA; Canadian Pension Plans. (a) Each Plan is in compliance in form and operation with its terms and, as applicable, with collective bargaining agreements, ERISA, the Code and all other applicable Requirements of Law, except where any failure to comply would not reasonably be expected to result in a Material Adverse Effect. (b) No ERISA Event has occurred and is continuing or is reasonably expected to occur that, when taken together with all other such ERISA Events for which liability is reasonably expected to occur, could reasonably be expected to have a Material Adverse Effect. The present value of all accumulated benefit obligations of all underfunded Plans (based on the assumptions used for purposes of Accounting Standards Codification 715-30) did not, as of the date of the most recent financial statements reflecting such amounts, exceed the fair market value of the assets of all such underfunded Plans, in each case by an amount that, if required to be paid by the Company and its Subsidiaries, would reasonably be expected to result in have a Material Adverse Effect. (b) Each Canadian Credit Party is in compliance with the requirements of the Employment Pension Plans Act (Alberta), the Pension Benefits Act (Ontario) and other federal or provincial laws with respect to each (i) As of the Closing Date, no Canadian Loan Party maintains, sponsors or contributes to, or has any liability under, any Canadian Pension Plan, Canadian Defined Benefit Pension Plan or Canadian Multiemployer Plan, (ii) each Canadian Pension Plan is, and has been, established, registered, amended, funded, invested and administered in compliance with its terms and with Canadian Pension Legislation (where applicable) and all other applicable Requirements of Law, except where any the failure to comply would not reasonably be expected to result in have a Material Adverse Effect, and (iiiii) all employer and employee contributions required to be remitted, paid to Canadian Defined Benefit Plan. No fact or paid in respect of each Canadian Pension Plan have been paid or remitted in accordance with its terms and with Canadian Pension Legislation (where applicable) and all other applicable Requirements of Law, except where any failure to do so would not situation that may reasonably be expected to result in a Material Adverse Effect and exists in connection with any Canadian Pension Plan or Canadian Defined Benefit Plan. No Canadian Pension Event has occurred. No Canadian Credit Party has a Canadian Defined Benefit Plan. No lien has arisen, cxxxxx or inchoate, in respect of any Canadian Credit Party or their property in connection with (iva) no event has occurred which could reasonably be expected to adversely affect the registered status of any Canadian Pension Plan, except to the extent or (b) any “registered pension plan” as defined in subsection 248(1) of the foregoing Income Tax Act (Canada) that is sponsored and maintained by a third party to which a Credit Party contributes in this clause respect of some or all of its employees (iv) would in each case, save for contribution amounts not reasonably be expected to result in a Material Adverse Effectyet due).