Common use of ERISA Litigation Clause in Contracts

ERISA Litigation. No material proceeding, claim, lawsuit and/or investigation is existing or, to the best knowledge of Borrower, threatened concerning or involving any (i) employee welfare benefit plan (as defined in Section 3(1) of ERISA) currently maintained or contributed to by Borrower or any ERISA Affiliate, (ii) Pension Plan or (iii) Multiemployer Plan.

Appears in 10 contracts

Samples: Loan Agreement (Aquis Communications Group Inc), Loan Agreement (Finova Capital Corp), Loan Agreement (Aquis Communications Group Inc)

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ERISA Litigation. No material proceeding, claim, lawsuit and/or investigation is existing or, to the best knowledge of BorrowerBorrowers, threatened concerning or involving any (i) employee welfare benefit plan (as defined in Section 3(1) of ERISA) currently maintained or contributed to by Borrower any Borrower, or any ERISA Affiliate, (ii) Pension Plan or (iii) Multiemployer Plan.

Appears in 3 contracts

Samples: Loan Agreement (Security Associates International Inc), Loan Agreement (Security Associates International Inc), Loan Agreement (Security Associates International Inc)

ERISA Litigation. No material proceeding, claim, lawsuit and/or investigation is existing or, to the best knowledge of Borrower, threatened concerning or involving any (i) employee welfare benefit plan (as defined in Section 3(1) of ERISA) currently maintained or contributed to by Borrower Borrower, or any ERISA Affiliate, (ii) Pension Plan or (iii) Multiemployer Plan.

Appears in 3 contracts

Samples: Subordinated Loan Agreement (Security Associates International Inc), Subordinated Loan Agreement (Security Associates International Inc), Subordinated Loan Agreement (Security Associates International Inc)

ERISA Litigation. No material proceeding, claim, lawsuit (other than routine claims for benefits) and/or investigation is existing or, to the best knowledge of Borrowerany Loan Party , threatened concerning or involving any (i1) employee welfare benefit plan (as defined in Section 3(1) of ERISA) currently maintained or contributed to by any Borrower Group Member or any ERISA Affiliate, (ii2) Pension Plan or (iii3) Multiemployer Plan.

Appears in 3 contracts

Samples: Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust)

ERISA Litigation. No material proceeding, claim, lawsuit and/or investigation is existing or, to the best knowledge of Borrower, threatened concerning or involving any (i) employee welfare benefit plan (as defined in Section 3(1) of ERISA) currently maintained or contributed to by Borrower or any of ERISA AffiliateAffiliate of Borrower, (ii) Pension Plan or (iii) Multiemployer Plan.

Appears in 2 contracts

Samples: Loan Agreement (Practice Works Inc), Loan Agreement (Practice Works Inc)

ERISA Litigation. No material proceeding, claim, lawsuit and/or investigation is existing or, to the best knowledge of Borrower, or overtly threatened concerning or involving any (i) employee welfare benefit plan (as defined in Section 3(13(10) of ERISA) currently maintained or contributed to by Borrower the Seller, any of its Subsidiaries or any ERISA Affiliate, (ii) Pension Plan or (iii) Multiemployer Plan, the outcome of which could have a Material Adverse Effect.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Intercel Inc/De), Stock Purchase Agreement (Powertel Inc /De/)

ERISA Litigation. No material proceeding, claim, lawsuit and/or ---------------- investigation is existing or, to the best knowledge of BorrowerBorrowers, threatened concerning or involving any (i) employee welfare benefit plan (as defined in Section 3(1) of ERISA) currently maintained or contributed to by any Borrower or any ERISA Affiliate, (ii) Pension Plan or (iii) Multiemployer Plan.

Appears in 1 contract

Samples: Loan Agreement (Red Robin Gourmet Burgers Inc)

ERISA Litigation. No material proceeding, claim, lawsuit and/or ---------------- investigation is existing or, to the best knowledge of BorrowerBorrowers, threatened concerning or involving any (i) employee welfare benefit plan (as defined in Section 3(1) of ERISA) currently maintained or contributed to by any Borrower or any of its ERISA AffiliateAffiliates, (ii) Pension Plan or (iii) Multiemployer Plan.

Appears in 1 contract

Samples: Loan Agreement (Infocure Corp)

ERISA Litigation. No material proceeding, claim, lawsuit and/or investigation is existing or, to the best knowledge of BorrowerBorrower after due inquiry, threatened concerning or involving any (i1) employee welfare benefit plan (as defined in Section 3(1) of ERISA) currently maintained or contributed to by Borrower any Corporate Loan Party, or any ERISA Affiliate, (ii2) Pension Plan or (iii3) Multiemployer Plan.

Appears in 1 contract

Samples: Credit Agreement (First Wave Marine Inc)

ERISA Litigation. No material proceeding, claim, lawsuit and/or investigation is existing or, to the best knowledge of Borrower, threatened concerning or involving any (i) employee welfare benefit plan (as defined in Section 3(1) of ERISA) currently maintained or contributed to by Borrower Borrower, any of its Subsidiaries or any ERISA Affiliate, (ii) Pension Plan or (iii) Multiemployer Plan.

Appears in 1 contract

Samples: Loan Agreement (Security Associates International Inc)

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ERISA Litigation. No material proceeding, claim, lawsuit and/or investigation is existing or, to the best knowledge of either Borrower, threatened concerning or involving any (ia) employee welfare benefit plan (as defined in Section 3(1) of ERISA) currently maintained or contributed to by either Borrower or any ERISA AffiliateAffiliate to which either Borrower or Guarantor may have liability, (iib) Pension Plan or (iiic) to the knowledge of either Borrower, Multiemployer PlanPlan which could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (NRG Generating U S Inc)

ERISA Litigation. No material proceeding, claim, lawsuit and/or investigation is existing or, to the best knowledge of BorrowerBorrowers, threatened concerning or involving any (i) employee welfare benefit plan (as defined in Section 3(1) of ERISA) currently maintained or contributed to by any Borrower or any of ERISA AffiliateAffiliate of any Borrower, (ii) Pension Plan or (iii) Multiemployer Plan.

Appears in 1 contract

Samples: Loan Agreement (Infocure Corp)

ERISA Litigation. No material proceeding, claim, lawsuit and/or investigation is existing or, to the best knowledge of BorrowerBorrower and Guarantor, threatened concerning or involving any (i) employee welfare benefit plan (as defined in Section 3(13(l) of ERISA) currently maintained or contributed to by Borrower or any ERISA Affiliate, (ii) Pension Plan or (iii) Multiemployer Plan.

Appears in 1 contract

Samples: Loan Agreement (Us 1 Industries Inc)

ERISA Litigation. No material proceeding, claim, lawsuit and/or investigation is existing or, to the best knowledge of BorrowerBorrower after due inquiry, threatened concerning or involving any (i1) employee welfare benefit plan (as defined in Section 3(1) of ERISA) currently maintained or contributed to by Borrower any Loan Party or any ERISA Affiliate, (ii2) Pension Plan or (iii3) Multiemployer Plan.

Appears in 1 contract

Samples: Credit Agreement (Krystal Company)

ERISA Litigation. No material proceeding, claim, lawsuit and/or investigation is existing or, to the best knowledge Knowledge of Borrower, threatened concerning or involving any (i1) employee welfare benefit plan (as defined in Section 3(1) of ERISA) currently maintained or contributed to by Borrower or any ERISA Affiliate, (ii2) Pension Plan or (iii3) Multiemployer Plan.

Appears in 1 contract

Samples: Loan and Security Agreement (Digital Realty Trust, Inc.)

ERISA Litigation. No material proceeding, claim, lawsuit and/or investigation is existing or, to the best knowledge of BorrowerBorrowers, threatened concerning or involving any (i) employee welfare benefit plan (as defined in Section 3(1) of ERISA) currently maintained or contributed to by Borrower any Obligor, or any ERISA Affiliate, (ii) Pension Plan or (iii) Multiemployer Plan.

Appears in 1 contract

Samples: Loan Agreement (Citadel License Inc)

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