ERISA Covenant. (a) The General Partner shall at all times conduct the affairs of the Partnership such that the Partnership’s assets would not constitute plan assets of any Partner for purposes of the fiduciary responsibility or prohibited transaction provisions of Title I of ERISA or Section 4975 of the Code.
ERISA Covenant. The Borrower will, and will cause each of its ERISA Affiliates to, maintain all Employee Benefit Plans and Pension Plans in material compliance with all applicable law, including any reporting requirements, and make all contributions due under the terms of each Pension Plan and Employee Benefit Plan or as required by law.
ERISA Covenant. OrthoPediatrics will:
ERISA Covenant. Withdraw from participation in, permit the termination or partial termination of, or permit the occurrence of any other event with respect to any deferred compensation plan maintained for the benefit of Borrower's employees under circumstance that could result in liability to the Pension Benefit Guaranty Corporation, or any of its successors or assigns, or to any entity which provides funds for such deferred compensation plan, or withdraw from any multi-employer plan described in Section 4001(a)(3) of the Employee Retirement Income Security Act ("ERISA") of 1974, as amended, which may cover Borrower's employees.
ERISA Covenant. Borrower shall furnish to Bank: (a) as soon as possible, but in no event later than thirty (30) days after Borrower knows or has reason to know that any reportable event with respect to any deferred compensation plan has occurred, a statement of the chief financial officer of Borrower setting forth the details concerning such reportable event and the action which Borrower proposes to take with respect thereto, together with a copy of the notice of such reportable event given to the Pension Benefit Guaranty Corporation, if a copy of such notice is available to Borrower; (b) promptly after the filing thereof with the United States Secretary of Labor or the Pension Benefit Guaranty Corporation, copies of each annual report with respect to each deferred compensation plan; (c) promptly after receipt thereof, a copy of any notice Borrower may receive from the Pension Benefit Guaranty Corporation or the Internal Revenue Service with respect to any deferred compensation plan; provided, however, this subsection shall not apply to notice of general application issued by the Pension Benefit Guaranty Corporation or the Internal Revenue Service; and (d) when the same is made available to participants in the deferred compensation plan, all notices and other forms of information from time to time disseminated to the participants by the administrator of the deferred compensation plan.
ERISA Covenant. Each Obligor will, and will cause each of its ERISA Affiliates to, maintain all Employee Benefit Plans in compliance in all material respects with all applicable law, including any reporting requirements, and make all contributions due under the terms of each Employee Benefit Plan or as required by law. As soon as possible following the date hereof (but in no event more than thirty (30) days thereafter) each Obligor contributing to a Multiemployer Plan shall request from each such Multiemployer Plan an estimate, in writing, of withdrawal liability (contingent or otherwise) under such Multiemployer Plan and shall provide a copy of such written withdrawal liability estimate to the Agent.
ERISA Covenant. 79 SECTION 9.10. INTERCOMPANY TRANSFER OF FUNDS.........................................80 SECTION 9.11. INVENTORY AND ACCOUNTS RECEIVABLE ANALYSIS OF ACQUIRED ENTITY..........80 SECTION 9.12. ACQUIRED ENTITIES......................................................80 SECTION 9.13. COMPLIANCE WITH ENVIRONMENTAL LAWS.....................................80 SECTION 9.14. APPRAISAL..............................................................81
ERISA Covenant. If at any time any Issuer shall become such a "party in interest" (within the meaning of Section 3(14) of ERISA) or "disqualified person" (within the meaning of Section 4975(e)(2) of the Code) with respect to any Noteholder (or any employee benefit plan the assets of which are held by a Noteholder), it shall promptly notify such Noteholder thereof.
ERISA Covenant. Each Obligor will, and will cause each of its ERISA Affiliates to, maintain all Employee Benefit Plans in compliance in all material respects with all applicable law, including any reporting requirements, and make all contributions due under the terms of each Employee Benefit Plan or as required by law. As soon as possible following the date hereof (but in no event more than thirty (30) days thereafter) each Obligor contributing to a Multiemployer Plan shall request from each such Multiemployer Plan an estimate, in writing, of withdrawal liability (contingent or otherwise) under such Multiemployer Plan and shall provide a copy of such written withdrawal liability estimate to the Agent. In addition, within the same time period each Obligor shall request from the applicable Multiemployer Plans an estimate, in writing, of the amount of any withdrawal liability to be assessed in connection with the stock purchase transactions contemplated by the Arcon Purchase Documents and the merger contemplated by the CPG Merger Documents and shall provide a copy of such written estimate to the Agent.
ERISA Covenant. Each ERISA Partner shall notify the General Partner of its status as an ERISA Partner.
