Common use of ERISA Matters Clause in Contracts

ERISA Matters. promptly, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 152 contracts

Samples: Guaranty Agreement (Sensient Technologies Corp), Note Purchase Agreement (Madison Gas & Electric Co), Guaranty Agreement (Sensient Technologies Corp)

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ERISA Matters. promptly, and in any event within five days Business Days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 24 contracts

Samples: Agency Agreement (Kayne Anderson Energy Infrastructure Fund, Inc.), Patterson Companies (Patterson Companies, Inc.), Note Purchase and Private Shelf Agreement (Cubic Corp /De/)

ERISA Matters. promptly, and in any event within five ten days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 22 contracts

Samples: Note Purchase Agreement, Note Purchase Agreement, Guaranty Agreement (Westar Energy Inc /Ks)

ERISA Matters. promptly, and in any event within five days Business Days after a Responsible Officer becoming becomes aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 12 contracts

Samples: Securities Exchange Agreement (Kayne Anderson Energy Infrastructure Fund, Inc.), Credit Agreement (Tortoise MLP Fund, Inc.), Note Purchase Agreement (International Speedway Corp)

ERISA Matters. promptly, and in any event within five days ten Business Days after a Responsible Officer becoming becomes aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 12 contracts

Samples: Note Purchase Agreement (South Jersey Industries Inc), Note Purchase Agreement (South Jersey Industries Inc), Note Purchase Agreement (South Jersey Industries Inc)

ERISA Matters. promptly, and in any event within five ten (10) days after a Responsible Officer of the Company becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 11 contracts

Samples: Supplemental Indenture (Texas New Mexico Power Co), Twentieth Supplemental Indenture (Texas New Mexico Power Co), Supplemental Indenture (Texas New Mexico Power Co)

ERISA Matters. promptly, and in any event within five (5) days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 8 contracts

Samples: Note Purchase Agreement (Otter Tail Corp), Note Purchase Agreement (Otter Tail Corp), Otter Tail Corp

ERISA Matters. promptly, and in any event within five days Business Days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate XXXXX Xxxxxxxxx proposes to take with respect thereto:

Appears in 8 contracts

Samples: Note Purchase Agreement (Kayne Anderson Energy Infrastructure Fund, Inc.), Securities Purchase Agreement (Kayne Anderson Energy Infrastructure Fund, Inc.), Bond Purchase Agreement (CMS Energy Corp)

ERISA Matters. promptly, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Company, the Trust or an ERISA Affiliate proposes to take with respect thereto:

Appears in 7 contracts

Samples: Note Purchase Agreement (RPT Realty), Note Purchase Agreement (RPT Realty), Note Purchase Agreement (RPT Realty)

ERISA Matters. promptly, and in any event within five days (5) Business Days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 7 contracts

Samples: Note Purchase Agreement (Marcus Corp), Note Purchase Agreement (Marcus Corp), Note Purchase Agreement (Marcus Corp)

ERISA Matters. promptlyPromptly, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 6 contracts

Samples: Sigma (Sigma Aldrich Corp), Master Loan Agreement (Connecticut Water Service Inc / Ct), Note Purchase Agreement (Digex Inc/De)

ERISA Matters. promptly, and in any event within five days Business Days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Parent or an ERISA Affiliate proposes to take with respect thereto:

Appears in 6 contracts

Samples: Guaranty Agreement (Empire State Realty OP, L.P.), Note Purchase Agreement (STAG Industrial, Inc.), Note Purchase Agreement (Empire State Realty OP, L.P.)

ERISA Matters. promptly, and in any event within five days after a Responsible Officer becoming becomes aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 6 contracts

Samples: Note Purchase Agreement (Teledyne Technologies Inc), Note Purchase Agreement (Teledyne Technologies Inc), Bond Purchase Agreement (Aqua America Inc)

ERISA Matters. promptly, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate XXXXX Xxxxxxxxx proposes to take with respect thereto:

Appears in 6 contracts

Samples: Note Purchase Agreement (CHS Inc), Note Purchase Agreement (CHS Inc), Uil Holdings Corp

ERISA Matters. promptly, and in any event within five seven days after a Responsible Officer becoming of a Constituent Company becomes aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Parent Guarantor or an ERISA Affiliate proposes to take with respect thereto:

Appears in 5 contracts

Samples: Agreement (Hawaiian Electric Industries Inc), Note Purchase and Guaranty Agreement (Hawaiian Electric Co Inc), Agreement (Hawaiian Electric Co Inc)

ERISA Matters. promptly, and in any event within five 10 days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 5 contracts

Samples: Master Note Purchase Agreement (Polaris Industries Inc/Mn), Note Purchase Agreement (Tetra Technologies Inc), Note Purchase Agreement (Tetra Technologies Inc)

ERISA Matters. promptly, and in any event within five days Business Days after a Responsible Officer becoming aware has knowledge of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company an Issuer, a Subsidiary Guarantor or an ERISA Affiliate proposes to take with respect thereto:

Appears in 5 contracts

Samples: Note Purchase Agreement (Curtiss Wright Corp), Note Purchase Agreement (Curtiss Wright Corp), Note Purchase Agreement (Curtiss Wright Corp)

ERISA Matters. promptlyPromptly, and in any event within five days after a Responsible Officer becoming becomes aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Borrower or an ERISA Affiliate proposes to take with respect thereto:

Appears in 5 contracts

Samples: Credit Facility Agreement (Lennox International Inc), Advance Term Credit Agreement (Lennox International Inc), Credit Facility Agreement (Lennox International Inc)

ERISA Matters. promptly, and in any event within five fifteen days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 5 contracts

Samples: Private Shelf Agreement (Nu Skin Enterprises Inc), Note Purchase Agreement (Nu Skin Enterprises Inc), Intercreditor Agreement (Nu Skin Enterprises Inc)

ERISA Matters. promptlyPromptly, and in any event within five days Business Days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 4 contracts

Samples: Agency Agreement (Kayne Anderson Energy Total Return Fund, Inc.), Note Agreement (Discovery Communications, Inc.), Note Agreement (Discovery Communications, Inc.)

ERISA Matters. promptly, and in any event within five 15 days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 4 contracts

Samples: Note Purchase and Private Shelf Agreement (FirstService Corp), Guaranty Agreement (Evercore Inc.), Note Purchase and Private Shelf Agreement (MGP Ingredients Inc)

ERISA Matters. promptlywith reasonable promptness, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate XXXXX Xxxxxxxxx proposes to take with respect thereto:

Appears in 4 contracts

Samples: Sixteenth Supplemental Indenture (New Jersey Resources Corp), Supplemental Indenture (New Jersey Resources Corp), Supplemental Indenture (New Jersey Resources Corp)

ERISA Matters. promptly, and in any event within five days Business Days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Borrower or an ERISA Affiliate proposes to take with respect thereto:

Appears in 4 contracts

Samples: Credit Agreement (Cubic Corp /De/), Credit Agreement (Cubic Corp /De/), Credit Agreement (Cubic Corp /De/)

ERISA Matters. promptly, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Parent Guarantor, the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 4 contracts

Samples: Paying Agent Agreement (Essex Property Trust Inc), Agree Realty Corp, Guaranty Agreement (Essex Property Trust Inc)

ERISA Matters. promptly, and in any event within five ten days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company any Obligor or an ERISA Affiliate proposes to take with respect thereto:

Appears in 4 contracts

Samples: Note Purchase Agreement (Lincoln Electric Holdings Inc), Note Purchase Agreement (Lincoln Electric Holdings Inc), Note Purchase Agreement (Lincoln Electric Holdings Inc)

ERISA Matters. promptly, and in any event within five 5 days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 3 contracts

Samples: General Partner Guaranty Agreement (Kilroy Realty, L.P.), Note Purchase Agreement (Kilroy Realty, L.P.), Note Purchase Agreement (Sunrise Medical Inc)

ERISA Matters. promptly, and in any event within five 15 days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or the Guarantor or an ERISA Affiliate proposes to take with respect thereto:

Appears in 3 contracts

Samples: Note and Guarantee Agreement (Firstservice Corp), Firstservice Corporation (Firstservice Corp), Firstservice Corporation (Firstservice Corp)

ERISA Matters. promptly, and in any event within five ten days after a Responsible Officer becoming aware of any of the followingfollowing that would reasonably be expected to have a Material Adverse Effect, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 3 contracts

Samples: Guaranty Agreement (Ugi Corp /Pa/), Guaranty Agreement (Ugi Utilities Inc), Guaranty Agreement (Ugi Utilities Inc)

ERISA Matters. The Company shall deliver to each of the Holders promptly, and in any event within five days after a Responsible Officer of the Company becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 3 contracts

Samples: Note Purchase Agreement (Bloom Energy Corp), Note Purchase Agreement (Bloom Energy Corp), Note Purchase Agreement (Bloom Energy Corp)

ERISA Matters. promptly, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Trust or an ERISA Affiliate proposes to take with respect thereto:

Appears in 3 contracts

Samples: Purchase Agreement (Pengrowth Energy Trust), Note Purchase Agreement (Dividend Capital Trust Inc), Pengrowth Energy Trust

ERISA Matters. promptly, and in any event within five days 10 Business Days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 3 contracts

Samples: Note Purchase Agreement (WGL Holdings Inc), Note Purchase Agreement (Aecom Technology Corp), Washington Gas Light Co

ERISA Matters. promptlyPromptly, and in any event within five days 5 Business Days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 3 contracts

Samples: efis.psc.mo.gov, efis.psc.mo.gov, Bond Purchase Agreement (Empire District Electric Co)

ERISA Matters. promptly, and in any event within five days ten Business Days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate Affiliate, including any Subsidiary Guarantor, proposes to take with respect thereto:

Appears in 3 contracts

Samples: Letter of Credit and Term Loan Agreement (Chicago Bridge & Iron Co N V), Letter of Credit and Term Loan Agreement (Chicago Bridge & Iron Co N V), Letter of Credit and Term Loan Agreement (Chicago Bridge & Iron Co N V)

ERISA Matters. promptly, and in any event within five days after a Responsible Officer of the Company becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 3 contracts

Samples: Note Purchase Agreement (Hudson Pacific Properties, L.P.), Accession Agreement (Hudson Pacific Properties, L.P.), Note Purchase Agreement (Kite Realty Group, L.P.)

ERISA Matters. promptly, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or Company, any of its Subsidiaries, or, to the extent known by a Responsible Officer after making reasonable due inquiry, an ERISA Affiliate (which is not a Subsidiary) proposes to take with respect thereto:

Appears in 2 contracts

Samples: Note Purchase Agreement (Questar Gas Co), Note Purchase Agreement (Questar Gas Co)

ERISA Matters. promptly, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company an Obligor or an ERISA Affiliate proposes to take with respect thereto:

Appears in 2 contracts

Samples: Vectren Utility Holdings Inc, Vectren Corp

ERISA Matters. promptly(i) Promptly, and in any event within five thirty (30) days after a Responsible Officer becoming aware obtains actual knowledge of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Borrower or an ERISA Affiliate proposes to take with respect thereto:

Appears in 2 contracts

Samples: Credit Agreement (REV Renewables, Inc.), Credit Agreement (REV Renewables, Inc.)

ERISA Matters. promptly, and in any event within five days after a Responsible Officer of a Constituent Company becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the such Constituent Company or an any of its ERISA Affiliate Affiliates proposes to take with respect thereto:

Appears in 2 contracts

Samples: Subsidiary Guaranty Agreement (Brandywine Operating Partnership Lp /Pa), Subsidiary Guaranty Agreement (Brandywine Realty Trust)

ERISA Matters. promptlywith reasonable promptness, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 2 contracts

Samples: Note Purchase Agreement (New Jersey Resources Corp), Purchase Agreement (New Jersey Resources Corp)

ERISA Matters. promptly, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Company, the Tenant or an ERISA Affiliate proposes to take with respect thereto:

Appears in 2 contracts

Samples: Note Purchase Agreement (Hewitt Holdings LLC), Note Purchase Agreement (Hewitt Holdings LLC)

ERISA Matters. promptly, and in any event within five days after a Responsible an Authorized Officer of such Obligor becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company applicable Obligor or an ERISA Affiliate of such Obligor proposes to take with respect thereto:

Appears in 2 contracts

Samples: Credit Agreement (Unisource Energy Corp), Credit Agreement (Unisource Energy Corp)

ERISA Matters. promptly, and in any event within five 10 days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate Affiliate, proposes to take with respect thereto:

Appears in 2 contracts

Samples: Master Note Agreement (CERNER Corp), Master Note Agreement (CERNER Corp)

ERISA Matters. promptly, and in any event within five days Business Days after a Responsible Officer becoming aware obtains actual knowledge of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Parent or an ERISA Affiliate proposes to take with respect thereto:

Appears in 2 contracts

Samples: Intercreditor Agreement (United Stationers Inc), Master Note Purchase Agreement (United Stationers Inc)

ERISA Matters. promptlyPromptly, and in any event within five days Business Days, after a Responsible Officer becoming becomes aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Borrower or an ERISA Affiliate proposes to take with respect thereto:

Appears in 2 contracts

Samples: Revolving Credit Facility Agreement (Lennox International Inc), Revolving Credit Facility Agreement (Lennox International Inc)

ERISA Matters. promptly, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Guarantor or an ERISA Affiliate proposes to take with respect thereto:

Appears in 2 contracts

Samples: Note Purchase Agreement (Hewitt Associates Inc), Note Purchase Agreement (Hewitt Associates Inc)

ERISA Matters. promptly, and in any event within five days Business Days after a Responsible Officer becoming aware has knowledge of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company an Obligor or an ERISA Affiliate proposes to take with respect thereto:

Appears in 2 contracts

Samples: Note Purchase and Guarantee Agreement (Chicago Bridge & Iron Co N V), Note Purchase and Guarantee Agreement (Chicago Bridge & Iron Co N V)

ERISA Matters. promptly, and in any event within five days Business Days after a Responsible Officer becoming aware the Company receives notice of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or Company, an ERISA Affiliate or another Affiliate proposes to take with respect thereto:

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (Canargo Energy Corp), Waiver and Consent (Canargo Energy Corp)

ERISA Matters. promptly, and in any event within five 10 days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Borrower or an ERISA Affiliate proposes to take with respect thereto:

Appears in 2 contracts

Samples: Credit Agreement (Tetra Technologies Inc), Credit Agreement (Tetra Technologies Inc)

ERISA Matters. promptly, and in any event within five days ten Business Days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Obligors, the Parent Guarantor or an ERISA Affiliate proposes to take with respect thereto:

Appears in 2 contracts

Samples: Note and Guarantee Agreement (Amcor PLC), Note and Guarantee Agreement (Amcor PLC)

ERISA Matters. promptly, and in any event within five thirty days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 2 contracts

Samples: Private Shelf Agreement (Graybar Electric Co Inc), Private Shelf Agreement (Graybar Electric Co Inc)

ERISA Matters. promptlyPromptly, and in any event within five days after a Responsible Officer becoming becomes aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company any Obligor or an any ERISA Affiliate proposes to take with respect thereto:

Appears in 2 contracts

Samples: Note Purchase Agreement (Wireless One Inc), Cai Wireless Systems Inc

ERISA Matters. promptlyPromptly, and in any event within five days Business Days after a Responsible Officer becoming becomes aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 2 contracts

Samples: Twist Merger (Jazz Pharmaceuticals Inc), Senior Secured Note and Warrant Purchase Agreement (Jazz Pharmaceuticals Inc)

ERISA Matters. promptly, Promptly and in any event within five days three Business Days after a Responsible Officer becoming aware obtains knowledge of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an any ERISA Affiliate proposes to take with respect thereto:

Appears in 2 contracts

Samples: Note Purchase Agreement (Econophone Inc), Note Purchase Agreement (Econophone Inc)

ERISA Matters. promptly, and in any event within five seven days after a Responsible Officer becoming becomes aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 2 contracts

Samples: Agreement (Hawaiian Electric Co Inc), Agreement (Hawaiian Electric Industries Inc)

ERISA Matters. promptlywith reasonable promptness, and in any event within five days Business Days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 2 contracts

Samples: Note Purchase Agreement (Brown & Brown Inc), Note Purchase Agreement (Brown & Brown Inc)

ERISA Matters. promptlyPromptly, and in any event within five thirty (30) days after a Responsible Officer becoming aware obtains actual knowledge of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 2 contracts

Samples: Note Purchase Agreement (REV Renewables, Inc.), Note Purchase Agreement (REV Renewables, Inc.)

ERISA Matters. promptly, and in any event within five days ten Business Days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Obligors or an ERISA Affiliate proposes to take with respect thereto:

Appears in 2 contracts

Samples: Amcor Finance (Amcor PLC), Amcor Finance (Amcor PLC)

ERISA Matters. promptly, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that IHOP, the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Note Purchase Agreement (Ihop Corp)

ERISA Matters. promptly, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:: (i) with respect to any Plan, any reportable event, as defined in section 4043(c) of ERISA and the regulations thereunder, for which notice thereof has not been waived pursuant to such regulations as in effect on the date hereof; or

Appears in 1 contract

Samples: Note Purchase Agreement (Ralcorp Holdings Inc /Mo)

ERISA Matters. promptly, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate Issuer proposes to take with respect thereto:

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (Itt Educational Services Inc)

ERISA Matters. promptly, and in any event within five ten days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Borrower or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Credit Agreement (Imperial Parking Corp)

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ERISA Matters. promptly, and in any event within five days (5) Business Days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect theretoof:

Appears in 1 contract

Samples: Note Purchase Agreement (American Water Works Company, Inc.)

ERISA Matters. promptly, and in any event within five days after a Responsible Officer becoming becomes aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Company, the Issuer or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Jackson Hewitt Tax Service Inc

ERISA Matters. promptly, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Parent, Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Note Purchase Agreement (Excel Trust, L.P.)

ERISA Matters. promptlyPromptly, and in any event within five thirty (30) days after a Responsible Officer becoming aware obtains actual knowledge of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Borrower or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Common Terms Agreement (REV Renewables, Inc.)

ERISA Matters. at any time that the Company is not a reporting company under the Exchange Act, promptly, and in any event within five days Business Days after a Responsible Officer becoming becomes aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Note Purchase Agreement (International Flavors & Fragrances Inc)

ERISA Matters. promptly, and in any event within five days Business Days after a Responsible Officer becoming aware of any of the following, a written notice 12660262v2 setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Note Purchase Agreement (Patterson Companies, Inc.)

ERISA Matters. promptly, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company any Obligor or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Note Purchase and Guarantee Agreement (Gramercy Property Trust)

ERISA Matters. promptly, and in any event within five 10 days after a Responsible Officer becoming aware of any of the following, a written notice setting 17 forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Note Purchase Agreement (Tetra Technologies Inc)

ERISA Matters. promptly, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Company, the Trust or an ERISA Affiliate proposes to take with respect thereto:: i. with respect to any Plan, any reportable event, as defined in section 4043(c) of ERISA and the regulations thereunder, for which notice thereof has not been waived pursuant to such regulations as in effect on the date hereof; or

Appears in 1 contract

Samples: Note Purchase Agreement (RPT Realty)

ERISA Matters. promptly, and in any event within five days ten (10) Business Days after a Responsible Officer of the Company becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:: 199277.16

Appears in 1 contract

Samples: Bond Purchase Agreement (Texas New Mexico Power Co)

ERISA Matters. promptly, and in any event within five days Business Days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Parent or an ERISA Affiliate Affiliate, including the Company, proposes to take with respect thereto:

Appears in 1 contract

Samples: Master Note Purchase Agreement (Encore Wire Corp /De/)

ERISA Matters. promptly, and in any event within five days Business Days after a Responsible Officer becoming aware of any obtains actual knowledge of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Note Purchase Agreement (Eastgroup Properties Inc)

ERISA Matters. promptly, and in any event within five days Business Days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Parent or an ERISA Affiliate Affiliate, proposes to take with respect thereto:

Appears in 1 contract

Samples: Guaranty (Helmerich & Payne Inc)

ERISA Matters. promptly, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the each Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: KMG Chemicals (KMG Chemicals Inc)

ERISA Matters. promptly, and in any event within five days Business Days after a Responsible Officer becoming becomes aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Guarantor or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Ims Japan (Ims Health Inc)

ERISA Matters. promptly, and in any event within five days Business Days after a Responsible Officer becoming aware has knowledge of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Kirby Corp

ERISA Matters. promptly, and in any event within five with­in ten days after a Responsible Officer becoming becom­ing aware of any of the followingfollow­ing, a written writ­ten notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes pro­poses to take with respect re­spect thereto:

Appears in 1 contract

Samples: Registration Rights Agreement (First Albany Companies Inc)

ERISA Matters. promptly, and in any event within five days ten Business Days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate XXXXX Xxxxxxxxx proposes to take with respect thereto:

Appears in 1 contract

Samples: Master Note Purchase Agreement (Idex Corp /De/)

ERISA Matters. promptlyPromptly, and in any event within five days after of a Responsible Officer becoming aware of any of the followingthereof, a written notice setting forth the nature thereof of, and proposed action by the action, if any, that the Company Borrower or an ERISA Affiliate proposes to take with respect thereto:regard to, any ERISA Events.

Appears in 1 contract

Samples: Credit Agreement (ITC Holdings Corp.)

ERISA Matters. promptly, and in any event within five 10 days after a Responsible Officer becoming aware of any of the following, a written notice setting 16 forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Master Note Purchase Agreement (Polaris Industries Inc/Mn)

ERISA Matters. promptly, and in any event within five days after ------------- a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Collateral Agency Agreement (Ak Steel Corp)

ERISA Matters. promptly, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or of an ERISA Affiliate XXXXX Xxxxxxxxx proposes to take with respect thereto:;

Appears in 1 contract

Samples: Note Purchase Agreement (Allegheny Energy Inc)

ERISA Matters. promptly, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate EXXXX Xxxxxxxxx proposes to take with respect thereto:

Appears in 1 contract

Samples: Delta Natural Gas Co Inc

ERISA Matters. promptly, and in any event within five days days, after a Responsible Officer of the Company becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Note Purchase Agreement (Johns Manville Corp /New/)

ERISA Matters. promptly, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Issuers or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Note Purchase Agreement (Amedisys Inc)

ERISA Matters. promptly, and in any event within five ten days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:: -16-

Appears in 1 contract

Samples: Note Purchase Agreement (Wolverine World Wide Inc /De/)

ERISA Matters. promptly, and in any event within five 10 days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate Affiliate, proposes to take with respect thereto:: 4824-7341-0592.7

Appears in 1 contract

Samples: Master Note Purchase Agreement (Cerner Corp /Mo/)

ERISA Matters. promptly, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Company, the Issuer or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Note Purchase Agreement (Evans Bob Farms Inc)

ERISA Matters. promptly, and in any event within five ten (10) days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Borrower or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Credit Agreement (Tetra Technologies Inc)

ERISA Matters. promptlyPromptly, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the such Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Primo Water Corp

ERISA Matters. promptlyPromptly, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Borrower or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Term Loan Agreement (James River Coal CO)

ERISA Matters. promptly, and in any event within five days ten Business Days after a Responsible Officer becoming becomes aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Note Purchase Agreement (Avon Products Inc)

ERISA Matters. promptlyPromptly, and in any event within five days days, after a Responsible Officer becoming becomes aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Borrower or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Lennox International Inc)

ERISA Matters. promptly, and in any event within five thirty (30) days after a Responsible Officer Officer’s becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company or an any ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Note Assumption and Exchange Agreement (Consolidated Edison Inc)

ERISA Matters. promptly, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Issuer or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Note Purchase Agreement (Retail Properties of America, Inc.)

ERISA Matters. promptly, and in any event within five 10 days after a Responsible Officer becoming of any Obligor becomes aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Company Obligors propose to take, or an ERISA Affiliate proposes to take take, with respect thereto:

Appears in 1 contract

Samples: Joinder Agreement (Belk Inc)

ERISA Matters. promptly, and in any event within five days after a Responsible Officer becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the Guarantor or the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Note and Guarantee Agreement (Gtech Holdings Corp)

ERISA Matters. promptly, and in any event within five ten days after a Responsible Officer becoming aware of any of the followingfollowing that could reasonably be expected to be Material, a written notice setting forth the nature thereof and the action, if any, that the Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Intercreditor and Collateral Agency Agreement (Macquarie Infrastructure CO LLC)

ERISA Matters. promptly, and in any event within five days after a Responsible Officer of a Constituent Company becoming aware of any of the following, a written notice setting forth the nature thereof and the action, if any, that the such Constituent Company or an ERISA Affiliate proposes to take with respect thereto:

Appears in 1 contract

Samples: Purchase and Guarantee Agreement (Rexford Industrial Realty, Inc.)

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