Common use of ERISA Reporting Requirements Clause in Contracts

ERISA Reporting Requirements. WPC and Borrower shall furnish, or cause to be furnished, to Administrative Agent: (a) promptly and in any event (i) within thirty (30) days after WPC and Borrower or any ERISA Affiliate receives notice from any regulatory agency of the commencement of an audit, investigation or similar proceeding with respect to a Plan, and (ii) within ten (10) days after WPC, Borrower or any ERISA Affiliate contacts the Internal Revenue Service for the purpose of participation in a closing agreement or any voluntary resolution program with respect to a Plan which could reasonably be expected to have a Material Adverse Effect or knows or has reason to know that any event with respect to any Plan of WPC, Borrower or any ERISA Affiliate has occurred that is reasonably believed by WPC or Borrower to potentially have a Material Adverse Effect, a written notice describing such event and describing what action is being taken or is proposed to be taken with respect thereto, together with a copy of any notice of such event that is given to the PBGC; (b) promptly and in any event within thirty (30) days after the receipt by Borrower of a request therefor by a Bank, copies of any annual and other report (including Schedule B thereto) with respect to a Plan filed by WPC, Borrower or any ERISA Affiliate with the United States Department of Labor, the Internal Revenue Service or the PBGC; (c) notification within thirty (30) days of the effective date thereof of any material increases in the benefits, or material change in the funding method, of any existing Plan which is not a multiemployer plan (as defined in section 4001(a)(3) of ERISA), or the establishment of any material new Plans, or the commencement of contributions to any Plan to which WPC, Borrower or any ERISA Affiliate was not previously contributing; and (d) promptly after receipt of written notice of commencement thereof, notice of all (i) claims made by participants or beneficiaries with respect to any Plan, and (ii) actions, suits and proceedings before any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, affecting WPC, Borrower or any ERISA Affiliate with respect to any Plan, except those which, in the aggregate, if adversely determined could not reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Whiting Petroleum Corp), Credit Agreement (Whiting Petroleum Corp), Credit Agreement (Whiting Petroleum Corp)

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ERISA Reporting Requirements. WPC and Borrower shall furnish, or cause to be furnished, to Administrative Agent: (a) promptly and in any event (i) within thirty (30) days after WPC and Borrower or any ERISA Affiliate receives notice from any regulatory agency of the commencement of an audit, investigation or similar proceeding with respect to a Plan, and (ii) within ten (10) days after WPC, Borrower or any ERISA Affiliate contacts the Internal Revenue Service for the purpose of participation in a closing agreement or any voluntary resolution program with respect to a Plan which could reasonably be expected to have a Material Adverse Effect or knows or has reason to know that any event with respect to any Plan of WPC, Borrower or any ERISA Affiliate has occurred that is reasonably believed by WPC or Borrower to potentially have a Material Adverse Effect, a written notice describing such event and describing what action is being taken or is proposed to be taken with respect thereto, together with a copy of any notice of such event that is given to the PBGC; (b) promptly and in any event within thirty (30) days after the receipt by Borrower of a request therefor by a Bank, copies of any annual and other report (including Schedule B thereto) with respect to a Plan filed by WPC, Borrower or any ERISA Affiliate with the United States Department of Labor, the Internal Revenue Service or the PBGC; (c) notification within thirty (30) days of the effective date thereof of any material increases in the benefits, or material change in the funding method, of any existing Plan which is not a multiemployer plan (as defined in section 4001(a)(3) of ERISA), or the establishment of any material new Plans, or the commencement of contributions to any Plan to which WPC, Borrower or any ERISA Affiliate was not previously contributing; and (d) promptly after receipt of written notice of commencement thereof, notice of all (i) claims made by participants or beneficiaries with respect to any Plan, and (ii) actions, suits and proceedings before any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, affecting WPC, Borrower or any ERISA Affiliate with respect to any Plan, except those which, in the aggregate, if adversely determined could not reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Par Petroleum Corp/Co), Credit Agreement (Delta Petroleum Corp/Co), Credit Agreement (Alliant Energy Corp)

ERISA Reporting Requirements. WPC Parent and Borrower shall furnish, or cause to be furnished, to Administrative Agent: (a) promptly and in any event (i) within thirty (30) days after WPC and Parent, Borrower or any ERISA Affiliate receives notice from any regulatory agency of the commencement of an audit, investigation or similar proceeding with respect to a Plan, and (ii) within ten (10) days after WPCParent, Borrower or any ERISA Affiliate contacts the Internal Revenue Service for the purpose of participation in a closing agreement or any voluntary resolution program with respect to a Plan which could reasonably be expected to have a Material Adverse Effect or knows or has reason to know that any event with respect to any Plan of WPCParent, Borrower or any ERISA Affiliate has occurred that is reasonably believed by WPC Parent or Borrower to potentially have a Material Adverse Effect, a written notice describing such event and describing what action is being taken or is proposed to be taken with respect thereto, together with a copy of any notice of such event that is given to the PBGC; (b) promptly and in any event within thirty (30) days after the receipt by Borrower of a request therefor by a Bank, copies of any annual and other report (including Schedule B thereto) with respect to a Plan filed by WPCParent, Borrower or any ERISA Affiliate with the United States Department of Labor, the Internal Revenue Service or the PBGC; (c) notification within thirty (30) days of the effective date thereof of any material increases in the benefits, or material change in the funding method, of any existing Plan which is not a multiemployer plan (as defined in section 4001(a)(3) of ERISA), or the establishment of any material new Plans, or the commencement of contributions to any Plan to which WPCParent, Borrower or any ERISA Affiliate was not previously contributing; and (d) promptly after receipt of written notice of commencement thereof, notice of all (i) claims made by participants or beneficiaries with respect to any Plan, and (ii) actions, suits and proceedings before any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, affecting WPCParent, Borrower or any ERISA Affiliate with respect to any Plan, except those which, in the aggregate, if adversely determined could not reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Denbury Resources Inc), Credit Agreement (Denbury Resources Inc), Credit Agreement (Denbury Resources Inc)

ERISA Reporting Requirements. WPC and Borrower shall furnish, or cause to be furnished, to Administrative Agent: (a) promptly and in any event (i) within thirty (30) days after WPC and Borrower or any ERISA Affiliate receives notice from any regulatory agency of the commencement of an audit, investigation or similar proceeding with respect to a Plan, and (ii) within ten (10) days after WPC, Borrower or any ERISA Affiliate contacts the Internal Revenue Service for the purpose of participation in a closing agreement or any voluntary resolution program with respect to a Plan which could reasonably be expected to have a Material Adverse Effect or knows or has reason to know that any event with respect to any Plan of WPC, Borrower or any ERISA Affiliate has occurred that is reasonably believed by WPC or Borrower to potentially have a Material Adverse Effect, a written notice describing such event and describing what action is being taken or is proposed to be taken with respect thereto, together with a copy of any notice of such event that is given to the PBGC; (b) promptly and in any event within thirty (30) days after the receipt by Borrower of a request therefor by a Bank, copies of any annual and other report (including Schedule B thereto) with respect to a Plan filed by WPC, Borrower or any ERISA Affiliate with the United States Department of Labor, the Internal Revenue Service or the PBGC; (c) notification within thirty (30) days of the effective date thereof of any material increases in the benefits, or material change in the funding method, of any existing Plan which is not a multiemployer plan (as defined in section 4001(a)(3) of ERISA), or the establishment of any material new Plans, or the commencement of contributions to any Plan to which WPC, Borrower or any ERISA Affiliate was not previously contributing; and (d) promptly after receipt of written notice of commencement thereof, notice of all (i) claims made by participants or beneficiaries with respect to any Plan, and (ii) actions, suits and proceedings before any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, affecting WPC, Borrower or any ERISA Affiliate with respect to any Plan, except those which, in the aggregate, if adversely determined could not reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Denbury Resources Inc), Credit Agreement (Denbury Resources Inc), Credit Agreement (Quest Resource Corp)

ERISA Reporting Requirements. WPC and Borrower shall furnish, or cause to be furnished, to Administrative Agent: (a) promptly and in any event (i) within thirty (30) days after WPC and Borrower or any ERISA Affiliate receives notice from any regulatory agency of the commencement of an audit, investigation or similar proceeding with respect to a Plan, and (ii) within ten (10) days after WPC, Borrower or any ERISA Affiliate contacts the Internal Revenue Service for the purpose of participation in a closing agreement or any voluntary employee plans compliance resolution program system submission with respect to a Plan which could reasonably be expected to have a Material Adverse Effect or knows or has reason to know that any event with respect to any Plan of WPC, Borrower or any ERISA Affiliate has occurred that is reasonably believed by WPC or Borrower to potentially have a Material Adverse Effect, a written notice describing such event and describing what action is being taken or is proposed to be taken with respect thereto, together with a copy of any notice of such event that is given to the PBGC; (b) promptly and in any event within thirty (30) days after the receipt by Borrower of a request therefor by a Bank, copies of any annual and other report (including Schedule B thereto) with respect to a Plan filed by WPC, Borrower or any ERISA Affiliate with the United States Department of Labor, the Internal Revenue Service or the PBGC; (c) notification within thirty (30) days of the effective date thereof of any material increases in the benefits, or material change in the funding method, of any existing Plan which is not a multiemployer plan (as defined in section 4001(a)(3) of ERISA), or the establishment of any material new Plans, or the commencement of contributions to any Plan to which WPC, Borrower or any ERISA Affiliate was not previously contributing; and (d) promptly after receipt of written notice of commencement thereof, notice of all (i) claims made by participants or beneficiaries with respect to any Plan, and (ii) actions, suits and proceedings before any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, affecting WPC, Borrower or any ERISA Affiliate with respect to any Plan, except those which, in the aggregate, if adversely determined could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Delta Petroleum Corp/Co), Credit Agreement (Delta Petroleum Corp/Co)

ERISA Reporting Requirements. WPC and The Borrower shall furnish, or cause to be furnished, to the Global Administrative Agent: (a) promptly and in any event (i) within thirty (30) days after WPC and an Authorized Officer of the Borrower or any ERISA Affiliate receives notice from any regulatory agency of the commencement of an audit, investigation or similar proceeding with respect to a Plan, and (ii) within ten (10) days after WPC, the Borrower or any ERISA Affiliate contacts the Internal Revenue Service for the purpose of participation in a closing agreement or any voluntary resolution program with respect to a Plan which could Plan, in each case, if the result of any such audit, investigation or similar proceeding or any such closing agreement or voluntary resolution would reasonably be expected to have a Material Adverse Effect or knows or has reason to know that any event with respect to any Plan of WPC, Borrower or any ERISA Affiliate has occurred that is reasonably believed by WPC or Borrower to potentially have a Material Adverse Effect, a written notice describing such event and describing what action is being taken or is proposed to be taken with respect thereto, together with a copy of any notice of such event that is given to the PBGC; (b) promptly and in any event within thirty (30) days after the receipt by the Borrower of a written request therefor by a BankLender, copies of any annual and other report (including Schedule B thereto) with respect to a Plan filed by WPC, the Borrower or any ERISA Affiliate with the United States Department of Labor, the Internal Revenue Service or the PBGC; (c) notification within thirty (30) days of the effective date thereof of any material increases in the benefits, or material change in the funding method, of any existing Plan which is not a multiemployer plan (as defined in section Section 4001(a)(3) of ERISA), or the establishment of any material new Plans, or the commencement of material contributions to any Plan to which WPC, the Borrower or any ERISA Affiliate was not previously contributing; and (d) promptly after receipt of written notice of commencement thereof, notice of all (i) claims (other than routine claims for benefits) made by participants or beneficiaries with respect to any Plan, Plan and (ii) actions, suits and proceedings before any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, affecting WPC, the Borrower or any ERISA Affiliate with respect to any Plan, except those which, in the aggregate, if adversely determined could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Quicksilver Resources Inc)

ERISA Reporting Requirements. WPC and Borrower shall furnish, or cause to be furnished, to Administrative AgentLender: (a) promptly and in any event (i) within thirty (30) 30 days after WPC and Borrower or any ERISA Affiliate receives notice from any regulatory agency of the commencement of an audit, investigation or similar proceeding with respect to a Plan, and (ii) within ten (10) 10 days after WPC, Borrower or any ERISA Affiliate contacts the Internal Revenue Service for the purpose of participation in a closing agreement or any voluntary resolution program with respect to a Plan which that could reasonably be expected to have a Material Adverse Effect or knows or has reason to know that any event with respect to any Plan of WPC, Borrower or any ERISA Affiliate has occurred that is reasonably believed by WPC or Borrower to potentially have a Material Adverse Effect, a written notice describing such event and describing what action is being taken or is proposed to be taken with respect thereto, together with a copy of any notice of such event that is given to the PBGC; (b) promptly and in any event within thirty (30) 30 days after the receipt by Borrower of a request therefor by a BankLender, copies of any annual and other report (including Schedule B thereto) with respect to a Plan filed by WPC, Borrower or any ERISA Affiliate with the United States Department of Labor, the Internal Revenue Service or the PBGC; (c) notification within thirty (30) 30 days of the effective date thereof of any material increases in the benefits, or material change in the funding method, of any existing Plan which that is not a multiemployer plan (as defined in section 4001(a)(3) of ERISA), or the establishment of any material new Plans, or the commencement of contributions to any Plan to which WPC, Borrower or any ERISA Affiliate was not previously contributing; and (d) promptly after receipt of written notice of commencement thereof, notice of all (i) claims made by participants or beneficiaries with respect to any Plan, and (ii) actions, suits and proceedings before any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, affecting WPC, Borrower or any ERISA Affiliate with respect to any Plan, except those which, in the aggregate, if adversely determined could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Earthstone Energy Inc)

ERISA Reporting Requirements. WPC and Each Borrower shall furnish, furnish or cause to be furnished, furnished to Administrative Agent: (a) promptly Promptly and in any event (i) within thirty (30) days after WPC and either Borrower or any ERISA Affiliate receives notice from knows or has reason to know that any regulatory agency ERISA Event described in clause (a) of the commencement definition of an audit, investigation ERISA Event or similar proceeding any event described in section 4063(a) of ERISA with respect to a Planany Plan of TEL or any ERISA Affiliate has occurred, and (ii) within ten (10) days after WPC, Borrower TEL or any ERISA Affiliate contacts the Internal Revenue Service for the purpose of participation in a closing agreement or any voluntary resolution program with respect to a Plan which could reasonably be expected to have a Material Adverse Effect or knows or has reason to know that any event other ERISA Event with respect to any Plan of WPC, Borrower TEL or any ERISA Affiliate has occurred that is reasonably believed by WPC or Borrower a request for minimum funding waiver under Section 412 of the Code with respect to potentially have a Material Adverse Effectany Plan of TEL or any ERISA Affiliate has been made, a written notice describing such event and describing what action is being taken or is proposed to be taken with respect thereto, together with a copy of any notice of such event that is given to the PBGC; (b) promptly Promptly and in any event within two (2) Domestic Business Days after receipt thereof by TEL or any ERISA Affiliate from the PBGC, copies of each notice received by TEL or any ERISA Affiliate of the PBGC's intention to terminate any Plan or to have a trustee appointed to administer any Plan; (c) Promptly and in any event (i) within thirty (30) days after TEL or any ERISA Affiliate receives notice from any regulatory agency of the commencement of an audit, investigation or similar proceeding with respect to a Plan if the results of such audit, investigation or proceeding could reasonably be expected to have a Material Adverse Effect, (ii) within ten (10) days after TEL or any ERISA Affiliate contacts the Internal Revenue Service for the purpose of participation in a closing agreement or any voluntary resolution program with respect to a Plan, and (iii) within ten (10) days after any ERISA Affiliate knows or has reason to know that any event with respect to any Plan of TEL or any ERISA Affiliate has occurred that could reasonably be expected to have a Material Adverse Effect; (d) Promptly and in any event within thirty (30) days after the receipt by Borrower Borrowers of a request therefor by a Bank, copies of any annual and other report (including Schedule B thereto) with respect to a Plan filed by WPC, Borrower TEL or any ERISA Affiliate with the United States Department of Labor, the Internal Revenue Service or the PBGC; (ce) notification Promptly, and in any event within ten (10) Domestic Business Days after receipt thereof, a copy of any correspondence TEL or any ERISA Affiliate receives from the Plan Sponsor (as defined in section 4001(a)(10) of ERISA) of any Plan asserting withdrawal liability pursuant to section 4219 or 4202 of ERISA upon TEL or any ERISA Affiliate and a statement from a Financial Officer of TEL or such ERISA Affiliate setting forth details as to the events giving rise to such withdrawal liability and the action which TEL or such ERISA Affiliate is taking or proposes to take with respect thereto; (f) Notification within three (3) Domestic Business Days after TEL or any ERISA Affiliate knows or has reason to know that TEL or any such ERISA Affiliate has or intends to file a notice of intent to terminate any Plan under a distress termination within the meaning of section 4041(c) of ERISA and a copy of such notice; (g) Notification within thirty (30) days of the effective date thereof of any material increases in the benefits, or material change in the funding method, benefits of any existing Plan which is not a multiemployer plan (as defined in section 4001(a)(3) of ERISA), or the establishment of any material new Plans, or the commencement of contributions to any material Plan to which WPC, Borrower TEL or any ERISA Affiliate was not previously contributing; and (dh) promptly Promptly after receipt of written notice of commencement thereof, notice of all (i) claims made by participants or beneficiaries with respect to any Plan, and (ii) actions, suits and proceedings before any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, affecting WPC, Borrower TEL or any ERISA Affiliate with respect to any Plan, except except, in the case of both clauses (i) and (ii) hereof, those which, individually or in the aggregate, if adversely determined could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Triton Energy LTD)

ERISA Reporting Requirements. WPC and Borrower The Credit Parties shall furnish, or cause to be furnished, to Administrative Agent: (a) promptly Promptly and in any event (i) within thirty (30) days after WPC and Borrower any Credit Party or any ERISA Affiliate receives notice from any regulatory agency of the commencement of an audit, investigation or similar proceeding with respect to a Plan, and (ii) within ten (10) days after WPC, Borrower any Credit Party or any ERISA Affiliate contacts the Internal Revenue Service for the purpose of participation in a closing agreement or any voluntary resolution program with respect to a Plan which could reasonably be expected to have a Material Adverse Effect or knows or has reason to know that any event with respect to any Plan of WPC, Borrower any Credit Party or any ERISA Affiliate has occurred that is reasonably believed by WPC or Borrower a Credit Party to potentially have a Material Adverse Effect, a written notice describing such event and describing what action is being taken or is proposed to be taken with respect thereto, together with a copy of any notice of such event that is given to the PBGC; (b) promptly Promptly and in any event within thirty (30) days after the receipt by Borrower any Credit Party of a request therefor by a Bank, copies of any annual and other report (including Schedule B thereto) with respect to a Plan filed by WPC, Borrower or any ERISA Affiliate with the United States Department of Labor, the Internal Revenue Service or the PBGC; (c) notification Notification within thirty (30) days of the effective date thereof of any material increases in the benefits, or material change in the funding method, of any existing Plan which is not a multiemployer plan (as defined in section 4001(a)(3) of ERISA), or the establishment of any material new Plans, or the commencement of contributions to any Plan to which WPC, Borrower any Credit Party or any ERISA Affiliate was not previously contributing; and (d) promptly Promptly after receipt of written notice of commencement thereof, notice of all (i) claims made by participants or beneficiaries with respect to any Plan, Plan and (ii) actions, suits and proceedings before any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, affecting WPC, Borrower any Credit Party or any ERISA Affiliate with respect to any Plan, except those which, in the aggregate, if adversely determined could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Denbury Management Inc)

ERISA Reporting Requirements. WPC and The Borrower shall furnish, or cause to be furnished, to the Global Administrative Agent: (a) promptly and in any event (i) within thirty (30) days after WPC and an Authorized Officer of the Borrower or any ERISA Affiliate receives notice from any regulatory agency of the commencement of an audit, investigation or similar proceeding with respect to a Plan, and (ii) within ten (10) days after WPC, the Borrower or any ERISA Affiliate contacts the Internal Revenue Service for the purpose of participation in a closing agreement or any voluntary resolution program with respect to a Plan which could reasonably be expected to have a Material Adverse Effect or knows or has reason to know that any event with respect to any Plan of WPC, Borrower or any ERISA Affiliate has occurred that is reasonably believed by WPC or Borrower to potentially have a Material Adverse EffectPlan, a written notice describing such event and describing what action is being taken or is proposed to be taken with respect thereto, together with a copy of any notice of such event that is given to the PBGC; (b) promptly and in any event within thirty (30) days after the receipt by the Borrower of a written request therefor by a BankLender, copies of any annual and other report (including Schedule B thereto) with respect to a Plan filed by WPC, the Borrower or any ERISA Affiliate with the United States Department of Labor, the Internal Revenue Service or the PBGC; (c) notification within thirty (30) days of the effective date thereof of any material increases in the benefits, or material change in the funding method, of any existing Plan which is not a multiemployer plan (as defined in section 4001(a)(3) of ERISA), or the establishment of any material new Plans, or the commencement of material contributions to any Plan to which WPC, the Borrower or any ERISA Affiliate was not previously contributing; and (d) promptly after receipt of written notice of commencement thereof, notice of all (i) claims (other than routine claims for benefits) made by participants or beneficiaries with respect to any Plan, Plan and (ii) actions, suits and proceedings before any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, affecting WPC, the Borrower or any ERISA Affiliate with respect to any Plan, except those which, in the aggregate, if adversely determined could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Quicksilver Resources Inc)

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ERISA Reporting Requirements. WPC and Borrower shall furnish, or ------------------------------ cause to be furnished, to Administrative Agent: (a) promptly and in any event (i) within thirty (30) days after WPC and Borrower or any ERISA Affiliate receives notice from any regulatory agency of the commencement of an audit, investigation or similar proceeding with respect to a Plan, and (ii) within ten (10) days after WPC, Borrower or any ERISA Affiliate contacts the Internal Revenue Service for the purpose of participation in a closing agreement or any voluntary resolution program with respect to a Plan which could reasonably be expected to have a Material Adverse Effect or knows or has reason to know that any event with respect to any Plan of WPC, Borrower or any ERISA Affiliate has occurred that is reasonably believed by WPC or Borrower to potentially have a Material Adverse Effect, a written notice describing such event and describing what action is being taken or is proposed to be taken with respect thereto, together with a copy of any notice of such event that is given to the PBGC; (b) promptly and in any event within thirty (30) days after the receipt by Borrower of a request therefor by a Bank, copies of any annual and other report (including Schedule B thereto) with respect to a Plan filed by WPC, ---------- Borrower or any ERISA Affiliate with the United States Department of Labor, the Internal Revenue Service or the PBGC; (c) notification within thirty (30) days of the effective date thereof of any material increases in the benefits, or material change in the funding method, of any existing Plan which is not a multiemployer plan (as defined in section 4001(a)(3) of ERISA), or the establishment of any material new Plans, or the commencement of contributions to any Plan to which WPC, Borrower or any ERISA Affiliate was not previously contributing; and (d) promptly after receipt of written notice of commencement thereof, notice of all (i) claims made by participants or beneficiaries with respect to any Plan, and (ii) actions, suits and proceedings before any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, affecting WPC, Borrower or any ERISA Affiliate with respect to any Plan, except those which, in the aggregate, if adversely determined could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Denbury Resources Inc)

ERISA Reporting Requirements. WPC and Borrower shall furnish, or cause to be furnished, to Administrative AgentLender: (a) promptly and in any event (i) within thirty (30) days after WPC and Borrower or any ERISA Affiliate receives notice from any regulatory agency of the commencement of an audit, investigation or similar proceeding with respect to a Plan, and (ii) within ten (10) days Business Days after WPC, Borrower or any ERISA Affiliate contacts the Internal Revenue Service for the purpose of participation in a closing agreement or any voluntary resolution program with respect to a Plan which could that would reasonably be expected to have a Material Adverse Effect or knows or has reason to know that any event with respect to any Plan of WPC, Borrower or any ERISA Affiliate has occurred that is would reasonably believed by WPC or Borrower expected to potentially have a Material Adverse Effect, a written notice describing such event and describing what action is being taken or is proposed to be taken with respect thereto, together with a copy of any notice of such event that is given to the PBGC; (b) promptly and in any event within thirty (30) days after the receipt by Borrower of a request therefor by a BankLender, copies of any annual and other report (including Schedule B thereto) with respect to a Plan filed by WPC, Borrower or any ERISA Affiliate with the United States Department of Labor, the Internal Revenue Service or the PBGC; (c) notification within thirty (30) days of the effective date thereof of any material increases in the benefits, or material change in the funding method, of any existing Plan which that is not a multiemployer plan (as defined in section 4001(a)(3) of ERISA), or the establishment of any material new Plans, or the commencement of contributions to any Plan to which WPC, Borrower or any ERISA Affiliate was not previously contributing; and (d) promptly after receipt of written notice of commencement thereof, notice of all (i) claims made by participants or beneficiaries with respect to any Plan, and (ii) actions, suits and proceedings before any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, affecting WPC, Borrower or any ERISA Affiliate with respect to any Plan, except those which, in the aggregate, if adversely determined could determined, would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Ada-Es Inc)

ERISA Reporting Requirements. WPC and The Borrower shall furnish, or cause to be furnished, to the Administrative Agent: (a) promptly promptly, and in any event (i) within thirty (30) 30 days after WPC and an Authorized Officer of the Borrower or any ERISA Affiliate receives notice from any regulatory agency Governmental Authority of the commencement of an audit, investigation or similar proceeding with respect to a Plan, Plan and (ii) within ten (10) 10 days after WPC, the Borrower or any ERISA Affiliate contacts the Internal Revenue Service for the purpose of participation in a closing agreement or any voluntary resolution program with respect to a Plan which could Plan, in each case, if the result of any such audit, investigation or similar proceeding or any such closing agreement or voluntary resolution would reasonably be expected to have a Material Adverse Effect or knows or has reason to know that any event with respect to any Plan of WPC, Borrower or any ERISA Affiliate has occurred that is reasonably believed by WPC or Borrower to potentially have a Material Adverse Effect, a written notice describing such event and describing what action is being taken or is proposed to be taken with respect thereto, together with a copy of any notice of such event that is given to the PBGC; (b) promptly and in any event within thirty (30) 30 days after the receipt by the Borrower of a written request therefor by a BankLender, copies of any annual and other report (including Schedule B thereto) with respect to a Plan filed by WPC, the Borrower or any ERISA Affiliate with the United States Department of Labor, the Internal Revenue Service or the PBGC; (c) notification within thirty (30) 30 days of the effective date thereof of any material increases in the benefits, or material change in the funding method, of any existing Plan which is not a multiemployer plan (as defined in section 4001(a)(3) of ERISA)Plan, or the establishment of any material new Plans, or the commencement of material contributions to any Plan or a multiemployer plan (as defined in Section 4001(a)(3) of ERISA) to which WPC, the Borrower or any ERISA Affiliate was not previously contributing; and (d) promptly after receipt of written notice of commencement thereof, notice of all (i) claims (other than routine claims for benefits) made by participants or beneficiaries with respect to any Plan, Plan and (ii) actions, suits and proceedings before any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, affecting WPC, the Borrower or any ERISA Affiliate with respect to any Plan, except those which, in the aggregate, if adversely determined could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Quicksilver Resources Inc)

ERISA Reporting Requirements. WPC and Borrower shall furnish, furnish or cause to be furnished, furnished to Administrative Agent: (a) promptly Promptly and in any event (i) within thirty (30) days after WPC and Borrower or any ERISA Affiliate receives notice from any regulatory agency of the commencement of an audit, investigation or similar proceeding with respect to a Plan, and (ii) within ten (10) days after WPC, Borrower or any ERISA Affiliate contacts the Internal Revenue Service for the purpose of participation in a closing agreement or any voluntary resolution program with respect to a Plan which could reasonably be expected to have a Material Adverse Effect or knows or has reason to know that any event with respect to any Plan of WPC, Borrower or any ERISA Affiliate has occurred that is reasonably believed by WPC or Borrower to potentially could have a Material Adverse Effect, a written notice describing such event and describing what action is being taken material adverse effect on Borrower or is proposed to be taken with respect thereto, together with a copy of any notice of such event that is given to the PBGCERISA Affiliate; (b) promptly Promptly and in any event within thirty (30) days after the receipt by Borrower of a request therefor by a Bank, copies of any annual and other report (including Schedule B thereto) with respect to a Plan filed by WPC, Borrower or any ERISA Affiliate with the United States Department of Labor, the Internal Revenue Service or the PBGC; (c) notification Notification within thirty (30) days of the effective date thereof of any material increases in the benefits, or material change in the funding method, benefits of any existing Plan which is not a multiemployer plan (as defined in section 4001(a)(3) of ERISA), or the establishment of any material new Plans, or the commencement of contributions to any Plan to which WPC, Borrower or any ERISA Affiliate was not previously contributing; and; (d) promptly Promptly after receipt of written notice of commencement thereof, notice of all (i) claims made by participants or beneficiaries with respect to any Plan, Plan and (ii) actions, suits and proceedings before any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, affecting WPC, Borrower or any ERISA Affiliate with respect to any Plan, except those which, in the aggregate, if adversely determined could not reasonably be expected to have a Material Adverse Effectmaterial adverse effect on Borrower or any ERISA Affiliate.

Appears in 1 contract

Samples: Credit Agreement (Berry Petroleum Co)

ERISA Reporting Requirements. WPC and Borrower shall furnish, or cause to be furnished, to Administrative Agent: (a) promptly and in any event (i) within thirty (30) days after WPC and Borrower or any ERISA Affiliate receives notice from any regulatory agency of the commencement of an audit, investigation or similar proceeding with respect to a Plan, and (ii) within ten (10) days after WPC, Borrower or any ERISA Affiliate contacts the Internal Revenue Service for the purpose of participation in a closing agreement or any voluntary resolution program with respect to a Plan which could reasonably be expected to have a Material Adverse Effect or knows or has reason to know that any event with respect to any Plan of WPC, Borrower or any ERISA Affiliate has occurred that is reasonably believed by WPC or Borrower to potentially have a Material Adverse Effectoccurred, a written notice describing such event and describing what action is being taken or is proposed to be taken with respect thereto, together with a copy of any notice of such event that is given to the PBGC; (b) promptly and in any event within thirty (30) days after the receipt by Borrower of a request therefor by a Bank, copies of any annual and other report (including Schedule B thereto) with respect to a Plan filed by WPC, Borrower or any ERISA Affiliate with the United States Department of Labor, the Internal Revenue Service or the PBGC; (c) notification within thirty (30) days of the effective date thereof of any material increases in the benefits, or material change in the funding method, of any existing Plan which is not a multiemployer plan (as defined in section 4001(a)(3) of ERISA), or the establishment of any material new Plans, or the commencement of contributions to any Plan to which WPC, Borrower or any ERISA Affiliate was not previously contributing; and (d) promptly after receipt of written notice of commencement thereof, notice of all (i) claims made by participants or beneficiaries with respect to any Plan, Plan and (ii) actions, suits and proceedings before any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, affecting WPC, Borrower or any ERISA Affiliate with respect to any Plan, except those which, in the aggregate, if adversely determined could not reasonably be expected to have result in a Material Adverse EffectChange.

Appears in 1 contract

Samples: Credit Agreement (Quicksilver Resources Inc)

ERISA Reporting Requirements. WPC and Borrower Borrowers shall furnish, or cause to be furnished, to Administrative AgentLender: (a) promptly and in any event (i) within thirty (30) days after WPC and a Borrower or any ERISA Affiliate receives notice from any regulatory agency of the commencement of an audit, investigation or similar proceeding with respect to a Plan, and (ii) within ten (10) days after WPC, a Borrower or any ERISA Affiliate contacts the Internal Revenue Service for the purpose of participation in a closing agreement or any voluntary resolution program with respect to a Plan which that could reasonably be expected to have a Material Adverse Effect or knows or has reason to know that any event with respect to any Plan of WPC, a Borrower or any ERISA Affiliate has occurred that is reasonably believed by WPC or such Borrower to potentially have a Material Adverse Effect, a written notice describing such event and describing what action is being taken or is proposed to be taken with respect thereto, together with a copy of any notice of such event that is given to the PBGC; (b) promptly and in any event within thirty (30) days after the receipt by a Borrower of a request therefor by a BankLender, copies of any annual and other report (including Schedule B thereto) with respect to a Plan filed by WPC, a Borrower or any ERISA Affiliate with the United States Department of Labor, the Internal Revenue Service or the PBGC; (c) notification within thirty (30) days of the effective date thereof of any material increases in the benefits, or material change in the funding method, of any existing Plan which that is not a multiemployer plan (as defined in section 4001(a)(3) of ERISA), or the establishment of any material new Plans, or the commencement of contributions to any Plan to which WPC, a Borrower or any ERISA Affiliate was not previously contributing; and (d) promptly after receipt of written notice of commencement thereof, notice of all (i) claims made by participants or beneficiaries with respect to any Plan, and (ii) actions, suits and proceedings before any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, affecting WPC, a Borrower or any ERISA Affiliate with respect to any Plan, except those which, in the aggregate, if adversely determined could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Credo Petroleum Corp)

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