Common use of ERISA Debt Clause in Contracts

ERISA Debt. (i) the Borrower or any ERISA Affiliate fails to pay when due an amount or amounts aggregating in excess of $1,000,000 which it or they have become liable to pay under Title IV of ERISA or (ii) the Borrower or any ERISA Affiliate, individually or collectively, incurs, or should reasonably expect to incur, any Withdrawal Liability or liability upon the happening of a Termination Event and the aggregate of all such Withdrawal Liabilities and such other liabilities exceeds $10,000,000; or

ERISA Debt. (i) the The Borrower or any ERISA Affiliate fails Affiliate, individually or collectively, shall (i) fail to pay when due an amount or amounts aggregating in excess of $1,000,000 5,000,000 which it or they shall have become liable to pay under the “minimum funding standard” requirements of Part 3, Subtitle B, of Title I of ERISA or Title IV of ERISA or any required contribution to a Foreign Plan or (ii) the Borrower or any ERISA Affiliate, individually or collectively, incursincur, or should shall reasonably expect to incur, any Withdrawal Liability or liability upon the happening of a Termination Event and the in an amount or amounts aggregate in excess of all such Withdrawal Liabilities and such other liabilities exceeds $10,000,0005,000,000; or

ERISA Debt. (i) any member of the Borrower ERISA Group or any ERISA Affiliate fails shall fail to pay when due an amount or amounts aggregating in excess of $1,000,000 5,000,000 which it or they shall have become liable to pay under Title IV of ERISA or (ii) any member of the Borrower ERISA Group or any ERISA Affiliate, individually or collectively, incursshall incur, or should shall reasonably expect to incur, any Withdrawal Liability or liability upon the happening of a Termination Event and the aggregate of all such Withdrawal Liabilities and such other liabilities exceeds shall be in excess of $10,000,00030,000,000; or

ERISA Debt. (i) Any member of the Borrower ERISA Group or any ERISA Affiliate fails shall (i) fail to pay when due an amount or amounts aggregating in excess of $1,000,000 which it or they shall have become liable to pay under Title IV of ERISA or (ii) any member of the Borrower ERISA Group or any ERISA Affiliate, individually or collectively, incursshall incur, or should shall reasonably expect to incur, any Withdrawal Liability or liability upon the happening of a Termination Event and the aggregate of all such Withdrawal Liabilities and such other liabilities exceeds shall be in excess of $10,000,000; or

ERISA Debt. The Borrower or any member of the ERISA Group or any ERISA Affiliate, individually or collectively, shall (i) the Borrower or any ERISA Affiliate fails fail to pay when due an amount or amounts aggregating in excess of $1,000,000 which it or they shall have become liable to pay under the “minimum funding standard” requirements of Part 3, Subtitle B, of Title I of ERISA or Title IV of ERISA or any required contribution to a Foreign Plan or (ii) the Borrower or any ERISA Affiliate, individually or collectively, incursincur, or should shall reasonably expect to incur, any Withdrawal Liability or liability upon the happening of a Termination Event and the aggregate of all such Withdrawal Liabilities and such other liabilities exceeds $10,000,000Event; or