Common use of ERISA Plan Compliance and Reports Clause in Contracts

ERISA Plan Compliance and Reports. Furnish to Lender (i) as soon as possible, and in any event within thirty (30) days after any executive officer of Borrower has knowledge that (A) any Reportable Event with respect to any Plan has occurred, a statement of an executive officer of Borrower, setting forth details as to such Reportable Event and the action which it proposes to take with respect thereto, together with a copy of the notice, if any, required to be filed of such Reportable Event given to the PBGC or (B) an accumulated funding deficiency has been incurred or an application has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard or an extension of any amortization period under Section 412 of the Code with respect to a Plan or Multiemployer Plan has been or is proposed to be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, proceedings have been instituted to terminate a Plan if such Plan is subject to Title IV of ERISA, an action has been instituted pursuant to Section 515 of ERISA to collect a delinquent contribution to a Multiemployer Plan, or Borrower or ERISA Affiliate will incur any liability to or on account of the termination of or withdrawal from a Plan subject to Title IV of ERISA or Multiemployer Plan under Sections 4062, 4063, 4201 or 4204 of ERISA, a statement of an executive officer of Borrower, setting forth details as to such event and the action Borrower proposes to take with respect thereto, (ii) promptly upon reasonable request of Lender, copies of each annual and other report with respect to each Plan and (iii) promptly after receipt thereof, a copy of any notice Borrower or ERISA Affiliate may receive from the PBGC relating to the PBGC’s intention to terminate any Plan subject to Title IV of ERISA or to appoint a trustee to administer any Plan subject to Title IV of ERISA.

ERISA Plan Compliance and Reports. Furnish to Lender the Administrative Agent (i) as soon as possible, and in any event within thirty (30) days after any executive officer of Borrower a Credit Party has knowledge that (A) any Reportable Event with respect to any Plan has occurred, a statement of an executive officer of Borrowerthe Credit Party, setting forth on behalf of such Credit Party details as to such Reportable Event and the action which it proposes to take with respect thereto, together with a copy of the notice, if any, required to be filed of such Reportable Event given to the PBGC or (B) an accumulated funding deficiency has been incurred or an application has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard or an extension of any amortization period under Section 412 of the Code with respect to a Plan or Multiemployer Plan has been or is proposed to be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, proceedings have been instituted to terminate a Plan if such Plan is subject to Title IV of ERISA, an action has been instituted pursuant to Section 515 of ERISA to collect a delinquent contribution to a Multiemployer Plan, or Borrower any such Credit Party or ERISA Affiliate will incur any liability to or on account of the termination of or withdrawal from a Plan subject to Title IV of ERISA or Multiemployer Plan under Sections 4062, 4063, 4201 or 4204 of ERISA, a statement of an executive officer of Borrowerthe Credit Party, setting forth details as to such event and the action Borrower the applicable Credit Party proposes to take with respect thereto, (ii) promptly upon reasonable request of Lenderthe Administrative Agent, copies of each annual and other report with respect to each Plan and (iii) promptly after receipt thereof, a copy of any notice Borrower any Credit Party or ERISA Affiliate may receive from the PBGC relating to the PBGC’s 's intention to terminate any Plan subject to Title IV of ERISA or to appoint a trustee to administer any Plan subject to Title IV of ERISA.

ERISA Plan Compliance and Reports. Furnish to Lender the Administrative Agent (i) as soon as possible, and in any event within thirty ten (3010) days after any executive officer of Borrower a Credit Party has knowledge that (A) any Reportable Event with respect to any Plan has occurred, a statement of an executive officer of Borrowerthe Credit Party, setting forth on behalf of such Credit Party details as to such Reportable Event and the action which it proposes to take with respect thereto, together with a copy of the notice, if any, required to be filed of such Reportable Event given to the PBGC or (B) an accumulated funding deficiency has been incurred or an application has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard or an extension of any amortization period under Section 412 of the Code with respect to a Plan or a Multiemployer Plan has been or is proposed to be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, proceedings have been instituted to terminate a Plan if such Plan is subject to Title IV of ERISA, an action has been instituted pursuant to Section 515 of ERISA to collect a delinquent contribution to a Multiemployer Plan, or Borrower any such Credit Party or ERISA Affiliate will incur any liability to or on account of the termination of or withdrawal from a Plan subject to Title IV of ERISA or Multiemployer Plan under Sections Section 4062, 4063, 4201 or 4204 of ERISA, a statement of an executive officer of Borrowerthe Credit Party, setting forth full details as to such event and the action Borrower the applicable Credit Party proposes to take with respect thereto, (ii) promptly upon reasonable request of Lenderthe Administrative Agent, copies of each annual and other report with respect to each Plan and (iii) promptly after receipt thereof, a copy of any notice Borrower any Credit Party or ERISA Affiliate may receive from the PBGC relating to the PBGC’s 's intention to terminate any Plan subject to Title IV of ERISA or to appoint a trustee to administer any Plan subject to Title IV of ERISA.

ERISA Plan Compliance and Reports. Furnish to Lender the Administrative Agent (i) as soon as possible, and in any event within thirty ten (3010) days after any executive officer of Borrower a Transaction Party has knowledge that (A) any Reportable Event with respect to any Plan has occurred, a statement of an executive officer of Borrowerthe Transaction Party, setting forth on behalf of such Transaction Party details as to such Reportable Event and the action which it proposes to take with respect thereto, together with a copy of the notice, if any, required to be filed of such Reportable Event given to the PBGC or (B) an accumulated funding deficiency has been incurred or an application has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard or an extension of any amortization period under Section 412 of the Code with respect to a Plan or Multiemployer Plan has been or is proposed to be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, proceedings have been instituted to terminate a Plan if such Plan is subject to Title IV of ERISA, an action has been instituted pursuant to Section 515 of ERISA to collect a delinquent contribution to a Multiemployer Plan, or Borrower any such Transaction Party or ERISA Affiliate will incur any liability to or on account of the termination of or withdrawal from a Plan subject to Title IV of ERISA or Multiemployer Plan under Sections Section 4062, 4063, 4201 or 4204 of ERISA, a statement of an executive officer of Borrowerthe Transaction Party, setting forth details as to such event and the action Borrower the applicable Transaction Party proposes to take with respect thereto, (ii) promptly upon reasonable request of Lenderthe Administrative Agent, copies of each annual and other report with respect to each Plan and (iii) promptly after receipt thereof, a copy of any notice Borrower any Party or ERISA Affiliate may receive from the PBGC relating to the PBGC’s 's intention to terminate any Plan subject to Title IV of ERISA or to appoint a trustee to administer any Plan subject to Title IV of ERISA.

ERISA Plan Compliance and Reports. Furnish to Lender the Administrative Agent (i) as soon as possible, and in any event within thirty ten (3010) days after any executive officer of Borrower a Transaction Party has knowledge that (A) any Reportable Event with respect to any Plan has occurred, a statement of an executive officer of Borrowerthe Transaction Party, setting forth on behalf of such Transaction Party details as to such Reportable Event and the action which it proposes to take with respect thereto, together with a copy of the notice, if any, required to be filed of such Reportable Event given to the PBGC or (B) an accumulated funding deficiency has been incurred or an application has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard or an extension of any amortization period under Section 412 of the Code with respect to a Plan or Multiemployer Plan has been or is proposed to be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, proceedings have been instituted to terminate a Plan if such Plan is subject to Title IV of ERISA, an action has been instituted pursuant to Section 515 of ERISA to collect a delinquent contribution to a Multiemployer Plan, or Borrower any such Transaction Party or ERISA Affiliate will incur any liability to or on account of the termination of or withdrawal from a Plan subject to Title IV of ERISA or Multiemployer Plan under Sections Section 4062, 4063, 4201 or 4204 of ERISA, a statement of an executive officer of Borrowerthe Transaction Party, setting forth details as to such event and the action Borrower the applicable Transaction Party proposes to take with respect thereto, (ii) promptly upon reasonable request of Lenderthe Administrative Agent, copies of each annual and other report with respect to each Plan and (iii) promptly after receipt thereof, a copy of any notice Borrower any Transaction Party or ERISA Affiliate may receive from the PBGC relating to the PBGC’s 's intention to terminate any Plan subject to Title IV of ERISA or to appoint a trustee to administer any Plan subject to Title IV of ERISA.

ERISA Plan Compliance and Reports. Furnish to Lender (i) as soon as possible, and in any event within thirty (30) days after any executive officer of Borrower has knowledge that (A) any Reportable Event with respect to any Plan has occurred, a statement of an executive officer of Borrower, setting forth details as to such Reportable Event and the action which it proposes to take with respect thereto, together with a copy of the notice, if any, required to be filed of such Reportable Event given to the PBGC or (B) an accumulated funding deficiency has been incurred or an application has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard or an extension of any amortization period under Section 412 of the Code with respect to a Plan or Multiemployer Plan has been or is proposed to be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, proceedings have been instituted to terminate a Plan if such Plan is subject to Title IV of ERISA, an action has been instituted pursuant to Section 515 of ERISA to collect a delinquent contribution to a Multiemployer Plan, or Borrower or ERISA Affiliate will incur any liability to or on account of the termination of or withdrawal from a Plan subject to Title IV of ERISA or Multiemployer Plan under Sections 4062, 4063, 4201 or 4204 of ERISA, a statement of an executive officer of Borrower, setting forth details as to such event and the action Borrower proposes to take with respect thereto, (ii) promptly upon reasonable request of Lender, copies of each annual and other report with respect to each Plan and (iii) promptly after receipt thereof, a copy of any notice Borrower or ERISA Affiliate may receive from the PBGC relating to the PBGC’s 's intention to terminate any Plan subject to Title IV of ERISA or to appoint a trustee to administer any Plan subject to Title IV of ERISA.

ERISA Plan Compliance and Reports. Furnish to Lender the Administrative Agent (i) as soon as possible, and in any event within thirty ten (3010) days after any executive officer of Borrower Credit Party has the knowledge that (A) (1) any Reportable Event with respect to any Plan has occurredoccurred or (2) that a contributing sponsor (as defined in Section 4001(a)(13) of ERISA) of a Plan is subject to the advance reporting requirement of PBGC Regulation Section 4043.61 (without regard to subparagraph (b)(1) thereof), and an event described in subsection .62, .63, ..64, .65, .66, .67 or .68 of PBGC Regulation 29 C.F.R. Section 4043 is reasonably expected to occur with respect to such Plan within the following 30 days, a statement of an executive officer of Borrowerthe Credit Party, setting forth on behalf of such Credit Party the reasonably full details as to such Reportable Event and the action which it proposes to take with respect theretothereto (except to the extent that the Credit Party has previously delivered to the Administrative Agent a certificate and notices (if any) concerning such event pursuant to the clause (2) above), together with a copy of the notice, if any, required to be filed of such Reportable Event given to the PBGC or (B) (1) an accumulated funding deficiency has been incurred or an application has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard or an extension of any amortization period under Section 412 of the Code with respect to a Plan or Multiemployer Plan has been or is proposed to be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISAERISA (other than with respect to a deficiency, application or extension relating to or in connection with the 2004 plan year or any part thereof of any Plan), (2) proceedings have been instituted to terminate a Plan if such Plan is subject to Title IV of ERISA, an action has been instituted pursuant to Section 515 of ERISA to collect a delinquent contribution to a Multiemployer Plan, or Borrower (3) any such Credit Party or ERISA Affiliate will incur any liability to or on account of the termination of or withdrawal from a Plan subject to Title IV of ERISA under Section 4062 or Multiemployer Plan under Sections 4062, 4063, 4201 or 4204 4063 of ERISA, a statement of an executive officer of Borrowerthe Credit Party, setting forth reasonably full details as to such event and the action Borrower the applicable Credit Party proposes to take with respect thereto, (ii) promptly upon reasonable request of Lenderthe Administrative Agent, copies of each annual and other report with respect to each Plan and (iii) promptly after receipt thereof, a copy of any notice Borrower any Credit Party or ERISA Affiliate may receive from the PBGC relating to the PBGC’s 's intention to terminate any Plan subject to Title IV of ERISA or ERISA, to appoint a trustee to administer any Plan subject to Title IV of ERISAERISA or to take any action relating to any Credit Party or ERISA Affiliate's failure to satisfy the minimum funding standards under Section 412 of the Code with respect to any Plan.

ERISA Plan Compliance and Reports. Furnish to Lender the Administrative Agent (i) as soon as possible, and in any event within thirty ten (3010) days after any executive officer of Borrower a Credit Party has knowledge that (A) any Reportable Event with respect to any Plan has occurred, a statement of an executive officer of Borrowerthe Credit Party, setting forth on behalf of such Credit Party details as to such Reportable Event and the action which it proposes to take with respect thereto, together with a copy of the notice, if any, required to be filed of such Reportable Event given to the PBGC or (B) an accumulated funding deficiency has been incurred or an application has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard or an extension of any amortization period under Section 412 of the Code with respect to a Plan or Multiemployer Plan has been or is proposed to be terminated, reorganized, partitioned or declared insolvent under Title IV of ERISA, proceedings have been instituted to terminate a Plan if such Plan is subject to Title IV of ERISA, an action has been instituted pursuant to Section 515 of ERISA to collect a delinquent contribution to a Multiemployer Plan, or Borrower any such Credit Party or ERISA Affiliate will incur any liability to or on account of the termination of or withdrawal from a Plan subject to Title IV of ERISA or Multiemployer Plan under Sections Section 4062, 4063, 4201 or 4204 of ERISA, a statement of an executive officer of Borrowerthe Credit Party, setting forth full details as to such event and the action Borrower the applicable Credit Party proposes to take with respect thereto, (ii) promptly upon reasonable request of Lenderthe Administrative Agent, copies of each annual and other report with respect to each Plan and (iii) promptly after receipt thereof, a copy of any notice Borrower any Credit Party or ERISA Affiliate may receive from the PBGC relating to the PBGC’s 's intention to terminate any Plan subject to Title IV of ERISA or to appoint a trustee to administer any Plan subject to Title IV of ERISA.