ERISA Defaults. If, with respect to any Plan, (i) there has occurred a Reportable Event being considered by the PBGC which may reasonably result in any material liability to the PBGC with respect to any Plan, (ii) a Plan has been terminated not in compliance with ERISA, (iii) a trustee has been appointed by a United States District Court to administer a Plan, (iv) a PBGC or any other person has instituted proceedings to terminate a Plan or to appoint a trustee to administer any such Plan, (v) either the Borrower or any Affiliate has withdrawn, completely or partially, from any Plan, (vi) either the Borrower or any Affiliate has incurred secondary liability for withdrawal liability payments under any Plan or (vii) a Plan has failed to meet the minimum funding standards established under the Code or ERISA; or
ERISA Defaults. The Notes will automatically become due and payable on the occurrence an insolvency or bankruptcy event of default, or on the election of the Liability Management Rating Changes: Required Holders during the continuance of any other Event of Default. If:
ERISA Defaults. (i) An ERISA Event occurs with respect to a Pension Plan or Multiemployer Plan which has resulted or could reasonably be expected to result in liability of any Loan Party or any Subsidiary under Title IV of ERISA to the Pension Plan, Multiemployer Plan or the PBGC in an aggregate amount in excess of $250,000, (ii) the existence of any Lien under Section 430(k) or Section 6321 of the Code or Section 303(k) or Section 4068 of ERISA on any assets of a Loan Party, or (iii) a Loan Party or any ERISA Affiliate fails to pay when due, after the expiration of any applicable grace period, any installment payment with respect to its withdrawal liability under Section 4201 of ERISA under a Multiemployer Plan in an aggregate amount in excess of $250,000.
ERISA Defaults. Section 11(h) of the Existing Note Purchase Agreement is hereby amended by deleting the reference to “$15,000,000” therein and inserting “$60,000,000” in lieu thereof.
ERISA Defaults. If, with respect to any Plan, (i) there has occurred a Reportable Event reported to or which should be reported to the PBGC which may reasonably result in any material liability to the PBGC with respect to any Plan, (ii) a Plan has been terminated with insufficient assets to satisfy the requirements of Section 4041(b) or ERISA, (iii) a trustee has been appointed by a United States District Court to administer a Plan, (iv) the PBGC or any other Person has instituted proceedings to terminate a Plan or to appoint a trustee to administer any such Plan, (v) any Loan Party or any Affiliate has withdrawn, completely or partially, from any Plan, (vi) any Loan Party or any Affiliate has incurred secondary liability for withdrawal liability payments under any Plan or (vii) a Plan has failed to meet the minimum funding standards established under the Code or ERISA and such event is not being contested by such Loan Party in compliance with Section 7.11.
ERISA Defaults. (i) An ERISA Event occurs with respect to a Pension Plan or Multiemployer Plan which has resulted or could reasonably be expected to result in liability of any Loan Party or any Subsidiary under Title IV of ERISA to the Pension Plan, Multiemployer Plan or the PBGC in an aggregate amount in excess of $250,000, (ii) the existence of any Lien under Section 430(k) or Section 6321 of the Code or Section 303(k) or Section 4068 of ERISA on any assets of a Loan Party, or (iii) a Loan Party or any ERISA Affiliate fails to pay when due, after the expiration of any applicable grace period, any installment payment with respect to its withdrawal liability under Section 4201 of ERISA under a Multiemployer Plan in an aggregate amount in excess of $250,000. (s) Material Product Recall Defaults. Any product recall or similar event to remove any drugs or other products sold by any Loan Party from the market occurs, in each case to the extent such product recall results in a Material Adverse Effect. (t)
ERISA Defaults. (i) There shall exist any Unfunded Liabilities under any Single Employer Plan or any Reportable Event shall occur in connection with any Plan.
ERISA Defaults. Except as does not reject in a Material Adverse Effect, if, with respect to any Plan, (i) there has occurred a Reportable Event being considered by the PBGC which may reasonably result in any material liability to the PBGC with respect to any Plan, (ii) a Plan has been terminated not in compliance with ERISA, (iii) a trustee has been appointed by a United States District Court to administer a Plan, (iv) a PBGC or any other person has instituted proceedings to terminate a Plan or to appoint a trustee to administer any such Plan, (v) either the Borrower or any --------------------------------- Borrower's Initials: Lender's Initials: ---------------------------------
ERISA Defaults. If, with respect to any Plan, (i) there has --------------- occurred a Reportable Event being considered by the PBGC which may reasonably result in any material liability to the PBGC with respect to any Plan; (ii) a Plan has been terminated; (iii) a trustee has been appointed by a United States District Court to administer a Plan; (iv) a PBGC or any other person has instituted proceedings to terminate a Plan or to appoint a trustee to administer any such Plan; (v) either Telscape, the Borrower, any Significant Subsidiary, or any Affiliate has withdrawn, completely or partially, from any Plan; (vi) either Telscape, the Borrower, any Significant Subsidiary, or any Affiliate has incurred secondary liability for withdrawal liability payments under any Plan; or (vii) a Plan has failed to meet the minimum funding standards established under the Code or ERISA;
ERISA Defaults. The occurrence of any "ERISA Default", as that term is defined in Section 1 of Appendix II (ERISA Matters).
