ERISA Reporting. The Borrower shall deliver to the Agent as soon as possible, and in any event within 10 Business Days after the Borrower knows that any of the events or conditions specified below with respect to any Plan or Multiemployer Plan has occurred or exists, a statement signed by the chief financial officer of the Borrower setting forth details respecting such event or condition and the action, if any, that the Borrower or its ERISA Affiliate proposes to take with respect thereto (and a copy of any report or notice required to be filed with or given to PBGC by the Borrower or an ERISA Affiliate with respect to such event or condition):
(a) any reportable event, as defined in Section 4043(b) of ERISA and the regulations issued thereunder, with respect to a Plan, as to which PBGC has not by regulation waived the requirement of Section 4043(a) of ERISA that it be notified within 30 days of the occurrence of such event (provided that a failure to meet the minimum funding standard of Section 412 of the Internal Revenue Code or Section 302 of ERISA, including, without limitation, the failure to make on or before its due date a required installment under Section 412(m) of the Internal Revenue Code or Section 302(e) of ERISA, shall be a reportable event regardless of the issuance of any waivers in accordance with Section 412(d) of the Internal Revenue Code); and any request for a waiver under Section 412(d) of the Internal Revenue Code for any Plan;
(b) the distribution under Section 4041 of ERISA of a notice of intent to terminate any Plan or any action taken by the Borrower or an ERISA Affiliate to terminate any Plan;
(c) the institution by PBGC of proceedings under Section 4042 of ERISA for the termination of, or the appointment of a trustee to administer, any Plan, or the receipt by the Borrower or any ERISA Affiliate of a notice from a Multiemployer Plan that such action has been taken by PBGC with respect to such Multiemployer Plan;
(d) the complete or partial withdrawal from a Multiemployer Plan by the Borrower or any ERISA Affiliate that results in liability under Section 4201 or 4204 of ERISA (including the obligation to satisfy secondary liability as a result of a purchaser default) or the receipt by the Borrower or any ERISA Affiliate of notice from a Multiemployer Plan that it is in reorganization or insolvency pursuant to Section 4241 or 4245 of ERISA or that it intends to terminate or has terminated under Section 4041A of ERISA;
(e) the institution of a proc...
ERISA Reporting. The Borrower shall deliver to the Administrative Agent and each Lender, at the Borrower's expense, the following information at the times specified below:
(a) within ten Business Days after the Borrower, any Subsidiary or any ERISA Affiliate knows or has reason to know that a Termination Event has occurred, a written statement of the chief financial officer or the treasurer of the Borrower describing such Termination Event and the action, if any, which the Borrower or other such entities have taken, are taking or propose to take with respect thereto, and when known, any action taken or threatened by the Internal Revenue Service, Department of Labor or PBGC with respect thereto;
(b) within ten Business Days after the Borrower, any Subsidiary or any ERISA Affiliate knows or has reason to know that a non-exempt prohibited transaction (as defined in Sections 406 of ERISA and 4975 of the Internal Revenue Code) has occurred with respect to a Plan, a statement of the chief financial officer of the Borrower describing such transaction and the action which the Borrower or other such entities have taken, are taking or propose to take with respect thereto, except where the liability resulting therefrom could not reasonably exceed $1,000,000;
(c) within ten Business Days after the request by Administrative Agent therefor, after the filing thereof with the Department of Labor, Internal Revenue Service or PBGC, copies of each annual report (form 5500 series), including Schedule B thereto, filed with respect to each Plan which is a defined benefit plan as defined in ERISA ss.3(35);
(d) within ten Business Days after the request by Administrative Agent therefor, after receipt by the Borrower, any Subsidiary or any ERISA Affiliate of each actuarial report for any Plan which is a defined benefit plan as defined in ERISA ss.3(35) or Multiemployer Plan and each annual report for any Multiemployer Plan, copies of each such report;
(e) within ten Business Days upon the occurrence thereof, notification of any increase in the benefits of any existing Plan (other than payroll practices) or the establishment of any new Plan (other than payroll practices) or the commencement of contributions to any Plan (other than payroll practices) to which the Borrower, any Subsidiary or any ERISA Affiliate was not previously contributing, except where the increased liability resulting therefrom could not reasonably exceed $1,000,000;
(f) within ten Business Days after receipt by the Borrower, an...
ERISA Reporting. 47 Section 7.6.
ERISA Reporting. Prompt written notice, and in any event within five Business Days upon learning of its occurrence, of the following and the action the Company has taken, is taking or proposes to take with respect thereto and, when known, any action taken or threatened by the Internal Revenue Service, Department of Labor or the Pension Benefit Guaranty Corporation ("PBGC") with respect thereto: (i) a Reportable Event with respect to any employee benefit plan; (ii) the institution of any steps by the Company, any ERISA Affiliate, the PBGC or any other Person to terminate any employee benefit plan pursuant to Sections 4041(c) or 4042 of ERISA; (iii) the institution of any steps by the Company or any ERISA Affiliate to withdraw from any Multiemployer Plan, within the meaning of ERISA which would result in a material adverse effect on the business, profits or financial condition of the Company and its Restricted Subsidiaries taken as a whole; (iv) a "prohibited transaction" within the meaning of Section 406 of ERISA in connection with any employee benefit plan which would result in a material adverse effect on the business, profits or financial condition of the Company and its Restricted Subsidiaries, taken as a whole; or (v) any increase in the liability of the Company or any Subsidiary with respect to any post-retirement welfare benefits which would result in a material adverse effect on the business, profits or financial condition of the Company and its Restricted Subsidiaries, taken as a whole; and
ERISA Reporting. 63 7.9 Notice of Suit or Adverse Change in Business.................... 64 7.10
ERISA Reporting. Prompt written notice, and in any event within five Business Days upon learning of its occurrence, of the following and the action the Lessee has taken, is taking or proposes to take with respect thereto and, when known, any action taken or threatened by the Internal Revenue Service, Department of Labor or the PBGC with respect thereto: (A) a Reportable Event with respect to any employee benefit plan; (B) the institution of any steps by the Lessee, any ERISA Affiliate, the PBGC or any other Person to terminate any employee benefit plan pursuant to Sections 4041(c) or 4042 of ERISA; (C) the institution of any steps by the Lessee or any ERISA Affiliate to withdraw from any Multiemployer Plan, within the meaning of ERISA which would result in a material adverse effect on the business, profits or financial condition of the Lessee and its Restricted Subsidiaries taken as a whole; (D) a "prohibited transaction" within the meaning of Section 406 of ERISA in connection with any employee benefit plan which would result in a material adverse effect on the business, profits or financial condition of the Lessee and its Restricted Subsidiaries, taken as a whole; or (E) any increase in the liability of the Lessee or any Subsidiary with respect to any post-retirement welfare benefits which would result in a material adverse effect on the business, profits or financial condition of the Lessee and its Restricted Subsidiaries, taken as a whole; and
ERISA Reporting. 65 SECTION 8.3. Payment of Obligations...............................66 SECTION 8.4. Preservation of Existence and Similar Matters........66 SECTION 8.5. Maintenance of Property..............................66 SECTION 8.6. Conduct of Business..................................66 SECTION 8.7. Insurance............................................67 SECTION 8.8. Environmental Laws...................................67 SECTION 8.9.
ERISA Reporting the Borrower will make, or cause its Subsidiaries to make, the following reporting to the Lenders:
ERISA Reporting. 70 SECTION 8.4. Preservation of Existence and Similar Matters..............71 SECTION 8.5. Maintenance of Property....................................72 SECTION 8.6. Conduct of Business........................................72 SECTION 8.7. Insurance..................................................72 SECTION 8.8. Modifications to Material Contracts........................72 SECTION 8.9. Environmental Laws.........................................72 SECTION 8.10. Compliance with Laws and Material Contracts...............73 SECTION 8.11. Inspection of Property, Books and Records.................73 SECTION 8.12. Indebtedness..............................................73 SECTION 8.13. Consolidations, Mergers and Sales of Assets...............74 SECTION 8.14. Use of Proceeds and Letters of Credit.....................74 SECTION 8.15. Tenant Concentration.......................................74 SECTION 8.16. Acquisitions...............................................74 SECTION 8.17. Exchange Listing..........................................75 SECTION 8.18. REIT Status...............................................75 SECTION 8.19. Negative Pledge; Restriction on Distribution Rights.......75 SECTION 8.20. Agreements with Affiliates................................75 SECTION 8.21.
ERISA Reporting. As soon as reasonably possible, and in any event within thirty (30) days after a Responsible Officer of the Parent knows, or with respect to any Plan to which the Parent or any of its Subsidiaries makes direct contributions, has reason to believe, that any of the events or conditions specified below with respect to any Plan has occurred or exists, a statement signed by a Responsible Officer of the Parent setting forth details respecting such event or condition and the action, if any, that the Parent or its ERISA Affiliate proposes to take with respect thereto (and a copy of any report or notice required to be filed with or given to PBGC by the Parent or an ERISA Affiliate with respect to such event or condition):
(i) any Reportable Event, or and any request for a waiver under Section 412(d) of the Code or any successor provision thereof for any Plan;
(ii) the distribution under Section 4041(c) of ERISA or any successor provision thereof of a notice of intent to terminate any Plan or any action taken by the Parent or an ERISA Affiliate to terminate any Plan;
(iii) the institution by PBGC of proceedings under Section 4042 of ERISA or any successor provision thereof for the termination of, or the appointment of a trustee to administer, any Plan; and
(iv) the adoption of an amendment to any Plan that would result in the loss of tax exempt status of the trust of which such Plan is a part if the Parent or an ERISA Affiliate fails to provide timely security to such Plan in accordance with the provisions of Section 401(a)(29) of the Code or Section 307 of ERISA or any successor provision thereof.
