Common use of ERISA Documents Clause in Contracts

ERISA Documents. Each Borrower will cause to be delivered to the Agent, upon the Agent's request, each of the following: (i) a copy of each Benefit Plan (or, where any such plan is not in writing, a complete description thereof) (and if applicable, related trust agreements or other funding instruments) and all amendments thereto, all written interpretations thereof and written descriptions thereof that have been distributed to employees or former employees of such Borrower or any of its Subsidiaries; (ii) the most recent determination letter issued by the Internal Revenue Service with respect to each Benefit Plan; (iii) for the three most recent plan years, Annual Reports on Form 5500 Series required to be filed with any governmental agency for each Benefit Plan; (iv) all actuarial reports prepared for the last three plan years for each Benefit Plan; (v) a listing of all Multiemployer Plans, with the aggregate amount of the most recent annual contributions required to be made by such Borrower or any ERISA Affiliate to each such plan and copies of the collective bargaining agreements requiring such contributions; (vi) any information that has been provided to such Borrower or any ERISA Affiliate regarding withdrawal liability under any Multiemployer Plan; and (vii) the aggregate amount of the most recent annual payments made to former employees of such Borrower or any ERISA Affiliate under any Retiree Health Plan.

Appears in 2 contracts

Samples: Credit Agreement (Metal Management Inc), Credit Agreement (Metal Management Inc)

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ERISA Documents. Each Borrower will cause to be delivered to the Agent, upon the Agent's request, each of the following: (i) a copy of each Benefit Plan (or, where any such plan is not in writing, a complete description thereof) (and if applicable, related trust agreements or other funding instruments) and all amendments thereto, all written interpretations thereof and written descriptions thereof that have been distributed to employees or former employees of such Borrower or any of its Subsidiaries; (ii) the most recent determination letter issued by the Internal Revenue Service with respect to each Benefit Plan; (iii) for the three most recent plan years, Annual Reports on Form 5500 Series required to be filed with any governmental agency for each Benefit Plan; (iv) all actuarial reports prepared for the last three plan years for each Benefit Plan; (v) a listing of all Multiemployer Plans, with the aggregate amount of the most recent annual contributions required to be made by such Borrower or any ERISA Affiliate to each such plan and copies of the collective bargaining agreements requiring such contributions; (vi) any information that has been provided to such Borrower or any ERISA Affiliate regarding withdrawal liability under any Multiemployer Plan; and (vii) the aggregate amount of the most recent annual payments made to former employees of such Borrower or any ERISA Affiliate under any Retiree Health Plan.

Appears in 2 contracts

Samples: Credit Agreement (Metal Management Inc), Credit Agreement (Metal Management Inc)

ERISA Documents. Each Borrower The Credit Parties will cause to be delivered to the Agent, upon the Agent's request, each of the following: (i) a copy of each Benefit Plan (or, where any such plan is not in writing, a complete description thereof) (and if applicable, related trust agreements or other funding instruments) and all amendments thereto, all written interpretations thereof and written descriptions thereof that have been distributed to employees or former employees of such Borrower the Credit Parties or any of its their Subsidiaries; (ii) the most recent determination letter issued by the Internal Revenue Service with respect to each Benefit Plan; (iii) for the three most recent plan years, Annual Reports on Form 5500 Series required to be filed with any governmental agency for each Benefit Plan; (iv) all actuarial reports prepared for the last three plan years for each Benefit Plan; (v) a listing of all Multiemployer Planseach Plan, with the aggregate amount of the most recent annual contributions required to be made by such Borrower the Credit Parties, any of their Subsidiaries or any ERISA Affiliate to each such plan and copies of the collective bargaining agreements requiring such contributions; (vi) any information that has been provided to such Borrower the Credit Parties, any of their Subsidiaries or any ERISA Affiliate regarding withdrawal liability under any Multiemployer Plan; and (vii) information relating to the aggregate amount of the most recent annual payments made to former employees of such Borrower the Credit Parties, any of their Subsidiaries or any ERISA Affiliate under any Retiree Health Plan.

Appears in 2 contracts

Samples: Credit Agreement (Spinnaker Industries Inc), Credit Agreement (Spinnaker Industries Inc)

ERISA Documents. Each Borrower will cause to be delivered to the Agent, upon the Agent's request, each of the following: (iI) a copy of each Benefit Plan (or, where any such plan is not in writing, a complete description thereof) (and if applicable, related trust agreements or other funding instruments) and all amendments thereto, all written interpretations thereof and written descriptions thereof that have been distributed to employees or former employees of such Borrower or any of its SubsidiariesSubsidiaries within two (2) years of the Closing Date; (iiII) the most recent determination letter issued by the Internal Revenue Service with respect to each Benefit Plan; (iiiIII) for the three most recent plan years, Annual Reports on Form 5500 Series required to be filed with any governmental agency for each Benefit Plan; (ivIV) all actuarial reports prepared for the last three plan years for each Benefit Plan; (vV) a listing of all Multiemployer Plans, with the aggregate amount of the most recent annual contributions required to be made by such Borrower or any ERISA Affiliate to each such plan and copies of the collective bargaining agreements requiring such contributions; (viVI) any information that has been provided to such Borrower or any ERISA Affiliate regarding withdrawal liability under any Multiemployer Plan; and (viiVII) the aggregate amount of the most recent annual payments made to former employees of such Borrower or any ERISA Affiliate under any Retiree Health Plan.

Appears in 1 contract

Samples: Postpetition Credit Agreement (Levitz Furniture Corp /Fl/)

ERISA Documents. Each Borrower will cause to be delivered to the Agent, upon the Agent's reasonable request, each of the following: (i) a copy of each Benefit Plan (or, where any such plan is not in writing, a complete description thereof) (and if applicable, related trust agreements or other funding instruments) and all amendments thereto, all written interpretations thereof and written descriptions thereof that have been distributed to employees or former employees of such Borrower or any of its Subsidiaries; (ii) the most recent determination letter issued by the Internal Revenue Service with respect to each Benefit Plan; (iii) for the three (3) most recent plan years, Annual Reports on Form 5500 Series required to be filed with any governmental agency for each Benefit Plan; (iv) all actuarial reports prepared for the last three (3) plan years for each Benefit Plan; (v) a listing of all Multiemployer Plans, with the aggregate amount of the most recent annual contributions required to be made by such Borrower or any ERISA Affiliate to each such plan and copies of the collective bargaining agreements requiring such contributions; (vi) any information that has been provided to such Borrower or any ERISA Affiliate regarding withdrawal liability under any Multiemployer Plan; and (vii) the aggregate amount of the most recent annual payments made to former employees of such Borrower or any ERISA Affiliate under any Retiree Health Plan.

Appears in 1 contract

Samples: Credit Agreement (Florsheim Group Inc)

ERISA Documents. Each Borrower will cause to be delivered to the Agent, upon the Agent's request, each of the following: (iI) a copy of each Benefit Plan (or, where any such plan is not in writing, a complete description thereof) (and if applicable, related trust agreements or other funding instruments) and all amendments thereto, all written interpretations thereof and written descriptions thereof that have been distributed to employees or former employees of such Borrower or any of its Subsidiaries; (iiII) the most recent determination letter issued by the Internal Revenue Service with respect to each Benefit Plan; (iiiIII) for the three most recent plan years, Annual Reports on Form 5500 Series required to be filed with any governmental agency for each Benefit Plan; (ivIV) all actuarial reports prepared for the last three plan years for each Benefit Plan; (vV) a listing of all Multiemployer Plans, with the aggregate amount of the most recent annual contributions required to be made by such Borrower or any ERISA Affiliate to each such plan and copies of the collective bargaining agreements requiring such contributions; (viVI) any information that has been provided to such Borrower or any ERISA Affiliate regarding withdrawal liability under any Multiemployer Plan; and (viiVII) the aggregate amount of the most recent annual payments made to former employees of such Borrower or any ERISA Affiliate under any Retiree Health Plan.

Appears in 1 contract

Samples: Credit Agreement (Metal Management Inc)

ERISA Documents. Each Borrower will cause to be delivered to the Agent, upon the Agent's request, each of the following: (i) a copy of each Benefit Plan (or, where any such plan is not in writing, a complete description thereof) (and if applicable, related trust agreements or other funding instruments) and all amendments thereto, all written interpretations thereof and written descriptions thereof that have been distributed to employees or former employees of such Borrower or any of its Subsidiaries; (ii) the most recent determination letter issued by the Internal Revenue Service with respect to each Benefit Plan; (iii) for the three most recent plan years, Annual Reports on Form 5500 Series required to be filed with any governmental agency for each Benefit Plan; (iv) all actuarial reports prepared for the last three plan years for each Benefit Plan; (v) a listing of all Multiemployer Plans, with the aggregate amount of the most recent annual contributions required to be made by such Borrower or any ERISA Affiliate to each such plan and copies of the collective bargaining agreements requiring such contributions; (vi) any information that has been provided to such Borrower or any ERISA Affiliate regarding withdrawal liability under any Multiemployer Plan; and (vii) the aggregate amount of the most recent annual payments made to former employees of such Borrower or any ERISA Affiliate under any Retiree Health Plan.

Appears in 1 contract

Samples: Credit Agreement (Perry-Judds Inc)

ERISA Documents. Each The Borrower will cause to be delivered to the Agent, upon the Agent's request, each of the following: (i) a copy of each Benefit Plan (or, where any such plan is not in writing, a complete description thereof) (and if applicable, related trust agreements or other funding instruments) and all amendments thereto, all written interpretations thereof and written descriptions thereof that have been distributed by Borrower or any of its Subsidiaries to employees or former employees of such the Borrower or any of its Subsidiaries; (ii) the most recent determination letter issued by the Internal Revenue Service with respect to each Benefit Plan other than a Multiemployer Plan; (iii) for the three most recent plan years, Annual Reports on Form 5500 Series required to be filed with any governmental agency for each Benefit Plan other than a Multiemployer Plan; (iv) all actuarial reports prepared for the last three plan years for each Benefit Plan other than a Multiemployer Plan; (v) a listing of all Multiemployer Plans, with the aggregate amount of the most recent annual contributions required to be made by such the Borrower or any ERISA Affiliate to each such plan and copies of the collective bargaining agreements requiring such contributions; (vi) any information that has been provided to such the Borrower or any ERISA Affiliate regarding withdrawal liability under any Multiemployer Plan; and (vii) the aggregate amount of the most recent annual payments made to former employees of such the Borrower or any ERISA Affiliate under any Retiree Health Plan.

Appears in 1 contract

Samples: Credit Agreement (Venture Stores Inc)

ERISA Documents. Each Borrower will cause to be delivered to the Agent, --------------- upon the Agent's request, each of the following: (iI) a copy of each Benefit Plan (or, where any such plan is not in writing, a complete description thereof) (and if applicable, related trust agreements or other funding instruments) and all amendments thereto, all written interpretations thereof and written descriptions thereof that have been distributed to employees or former employees of such Borrower or any of its Subsidiaries; (iiII) the most recent determination letter issued by the Internal Revenue Service with respect to each Benefit Plan; (iiiIII) for the three most recent plan years, Annual Reports on Form 5500 Series required to be filed with any governmental agency for each Benefit Plan; (ivIV) all actuarial reports prepared for the last three plan years for each Benefit Plan; (vV) a listing of all Multiemployer Plans, with the aggregate amount of the most recent annual contributions required to be made by such Borrower or any ERISA Affiliate to each such plan and copies of the collective bargaining agreements requiring such contributions; (viVI) any information that has been provided to such Borrower or any ERISA Affiliate regarding withdrawal liability under any Multiemployer Plan; and (viiVII) the aggregate amount of the most recent annual payments made to former employees of such Borrower or any ERISA Affiliate under any Retiree Health Plan.

Appears in 1 contract

Samples: Credit Agreement (Mikohn Gaming Corp)

ERISA Documents. Each Borrower will cause Deliver to be delivered to the Administrative Agent, promptly upon the Administrative Agent's request, each any or all of the following: (i) a copy of each Benefit Plan (or, where any such plan Plan is not in writing, a complete description thereof) (and and, if applicable, related trust agreements or other funding instruments) instruments and all amendments thereto, and all written interpretations thereof and written descriptions thereof that have been distributed to employees or former employees of such Borrower or any of its Subsidiaries; (ii) the most recent determination letter issued by the Internal Revenue Service with respect to each Benefit Plan; (iii) for the three most recent plan yearsyears preceding Administrative Agent's request, Annual Reports on Form 5500 Series required to be filed with any governmental agency for each Benefit Plan; (iv) all actuarial reports prepared for the last three plan years for each Benefit Plan; (v) a listing of all Multiemployer Plans, with the aggregate amount of the most recent annual contributions required to be made by such Borrower or any ERISA Affiliate Commonly-Controlled Entity to each such plan Plan and copies of the collective bargaining agreements requiring such contributions; (viv) any information that has been provided to such Borrower or any ERISA Affiliate Commonly-Controlled Entity regarding withdrawal liability under any Multiemployer Plan; and (viivi) the aggregate amount of the most recent annual payments made under any employee welfare benefit plan (as defined in Section 3(1) of ERISA) to former any retired employees of such Borrower or any ERISA Affiliate under of its Subsidiaries (or any Retiree Health dependents thereof) during the most recently completed Fiscal Year; and (vii) documents reflecting any agreements between the PBGC and Borrower or any Commonly-Controlled Entity with respect to any Plan.

Appears in 1 contract

Samples: Credit Agreement (Regal Entertainment Group)

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ERISA Documents. Each Borrower will cause Deliver to be delivered to the Administrative Agent, promptly upon the Administrative Agent's ’s request, each any or all of the following: (i) a copy of each Benefit Plan (or, where any such plan Plan is not in writing, a complete description thereof) (and and, if applicable, related trust agreements or other funding instruments) instruments and all amendments thereto, and all written interpretations thereof and written descriptions thereof that have been distributed to employees or former employees of such Borrower or any of its Subsidiaries; (ii) the most recent determination letter issued by the Internal Revenue Service IRS with respect to each Benefit Plan; (iii) for the three most recent plan yearsyears preceding Administrative Agent’s request, Annual Reports on Form 5500 Series required to be filed with any governmental agency for each Benefit Plan; (iv) all actuarial reports prepared for the last three plan years for each Benefit Plan; (v) a listing of all Multiemployer Plans, with the aggregate amount of the most recent annual contributions required to be made by such Borrower or any ERISA Affiliate Commonly-Controlled Entity to each such plan Plan and copies of the collective bargaining agreements requiring such contributions; (viv) any information that has been provided to such Borrower or any ERISA Affiliate Commonly-Controlled Entity regarding withdrawal liability under any Multiemployer Plan; and (viivi) the aggregate amount of the most recent annual payments made under any employee welfare benefit plan (as defined in Section 3(1) of ERISA) to former any retired employees of such Borrower or any ERISA Affiliate under of its Subsidiaries (or any Retiree Health dependents thereof) during the most recently completed Fiscal Year; and (vii) documents reflecting any agreements between the PBGC and Borrower or any Commonly-Controlled Entity with respect to any Plan.

Appears in 1 contract

Samples: Credit Agreement (Regal Entertainment Group)

ERISA Documents. Each Borrower will cause to be delivered to the Agent, upon the Agent's reasonable request, each of the following: (i) a copy of each Benefit Plan (or, where any such plan is not in writing, a complete description thereof) (and if applicable, related trust agreements or other funding instruments) and all amendments thereto, all written interpretations thereof and written descriptions thereof that have been distributed to employees or former employees of such Borrower or any of its SubsidiariesSubsidiaries within the last year; (ii) the most recent determination letter issued by the Internal Revenue Service with respect to each Benefit Plan; (iii) for the three (3) most recent plan years, Annual Reports on Form 5500 Series required to be filed with any governmental agency for each Benefit Plan; (iv) all actuarial reports prepared for the last three (3) plan years for each Benefit Plan; (v) a listing of all Multiemployer Plans, with the aggregate amount of the most recent annual contributions required to be made by such Borrower or any ERISA Affiliate to each such plan and copies of the collective bargaining agreements requiring such contributionscontributions by such Borrower or any ERISA Affiliate to any Multiemployer Plans; and (vi) any information that has been provided to such Borrower or any ERISA Affiliate regarding withdrawal liability under any Multiemployer Plan; and (vii) the aggregate amount of the most recent annual payments made to former employees of such Borrower or any ERISA Affiliate under any Retiree Health Plan.

Appears in 1 contract

Samples: Credit Agreement (Florsheim Group Inc)

ERISA Documents. Each The Borrower will cause to be delivered to the Agent, upon the Agent's request, each of the following: (i) a copy of each Benefit Plan (or, where any such plan is not in writing, a complete description thereof) (and if applicable, related trust agreements or other funding instruments) and all amendments thereto, all written interpretations thereof and written descriptions thereof that have been distributed to employees or former employees of such Borrower or any of its Subsidiaries; the Borrower, (ii) the most recent determination letter issued by the Internal Revenue Service with respect to each Defined Benefit Plan; (iii) for the three most recent plan years, Annual Reports on Form 5500 Series required to be filed with any governmental agency for each Defined Benefit Plan; (iv) all actuarial reports prepared for the last three 3 plan years for each Defined Benefit Plan; (v) a listing of all Multiemployer Plans, with the aggregate amount of the most recent annual contributions required to be made by such each Borrower or any ERISA Affiliate to each such plan and copies of the collective bargaining agreements requiring such contributions; (vi) any information that has been provided to such either Borrower or any ERISA Affiliate regarding withdrawal liability under any Multiemployer Plan; and (vii) the aggregate amount of the most recent annual payments made to former employees of such the Borrower or any ERISA Affiliate under any Retiree Health Plan. -22- SECTION 6.13.

Appears in 1 contract

Samples: Credit Agreement (Alterra Healthcare Corp)

ERISA Documents. Each Borrower will cause to be delivered to the Agent, upon the Agent's request, each of the following: (i) a copy of each Benefit Plan (or, where any such plan is not in writing, a complete description thereof) (and if applicable, related trust agreements or other funding instruments) and all amendments thereto, all written interpretations thereof and written descriptions thereof that have been distributed to employees or former employees of such Borrower or any of its Subsidiaries; (ii) the most recent determination letter issued by the Internal Revenue Service with respect to each Benefit Plan; (iii) for the three most recent plan years, Annual Reports on Form 5500 Series required to be filed with any governmental agency for each Benefit Plan; (iv) all actuarial reports prepared for the last three plan years for each Benefit Plan; (v) a listing of all Multiemployer Plans, with the aggregate amount of the most recent annual contributions required to be made by such Borrower or any ERISA Affiliate to each such plan and copies of the collective bargaining agreements requiring such contributions; (vi) any information that has been provided to such Borrower or any ERISA Affiliate regarding withdrawal liability under any Multiemployer Plan; and (vii) the aggregate amount of the most recent annual payments made to former employees of such Borrower or any ERISA Affiliate under any Retiree Health Plan.

Appears in 1 contract

Samples: Credit Agreement (Metal Management Inc)

ERISA Documents. Each Borrower will cause to be delivered to the Agent, upon the Agent's request, each of the following: (iI) a copy of each Benefit Plan (or, where any such plan is not in writing, a complete description thereof) (and if applicable, related trust agreements or other funding instruments) and all amendments thereto, all written interpretations thereof and written descriptions thereof that have been distributed to employees or former employees of such Borrower or any of its Subsidiaries; (iiII) the most recent determination letter issued by the Internal Revenue Service with respect to each Benefit Plan; (iiiIII) for the three most recent plan years, Annual Reports on Form 5500 Series required to be filed with any governmental agency for each Benefit Plan; (ivIV) all actuarial reports prepared for the last three plan years for each Benefit Plan; (vV) a listing of all Multiemployer Plans, with the aggregate amount of the most recent annual contributions required to be made by such Borrower or any ERISA Affiliate to each such plan and copies of the collective bargaining agreements requiring such contributions; (viVI) any information that has been provided to such Borrower or any ERISA Affiliate regarding withdrawal liability under any Multiemployer Plan; and (viiVII) the aggregate amount of the most recent annual payments made to former employees of such Borrower or any ERISA Affiliate under any Retiree Health Plan.

Appears in 1 contract

Samples: Credit Agreement (Metal Management Inc)

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