Multiemployer Plans. Neither the Borrower nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 of ERISA or as a result of a sale of assets described in (S)4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 or (S)4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A of ERISA.
Appears in 9 contracts
Samples: Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit Agreement (Answer Think Consulting Group Inc)
Multiemployer Plans. Neither the Borrower Borrowers nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 ss.4201 of ERISA or as a result of a sale of assets described in (S)4204 ss.4204 of ERISA. Neither the Borrower Borrowers nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 ss.4241 or (S)4245 ss.4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A ss.4041A of ERISA.
Appears in 5 contracts
Samples: And Term Loan Agreement (Holmes Products Corp), Loan Agreement (Holmes Group Inc), Revolving Credit Agreement (Holmes Products Corp)
Multiemployer Plans. Neither the any Borrower nor any Guarantor nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 §4201 of ERISA or as a result of a sale of assets described in (S)4204 §4204 of ERISA. Neither the any Borrower nor any Guarantor nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 §4241 or (S)4245 §4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A §4041A of ERISA.
Appears in 4 contracts
Samples: Credit Agreement (Sovran Self Storage Inc), Term Loan Agreement (Sovran Acquisition LTD Partnership), Credit Agreement (Sovran Acquisition LTD Partnership)
Multiemployer Plans. Neither the any Borrower nor any Guarantor nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 Section 4201 of ERISA or as a result of a sale of assets described in (S)4204 Section 4204 of ERISA. Neither the any Borrower nor any Guarantor nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 Section 4241 or (S)4245 Section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A Section 4041A of ERISA.
Appears in 4 contracts
Samples: Assignment and Assumption Agreement (Life Storage Lp), Assignment and Assumption Agreement (Sovran Self Storage Inc), Credit Agreement (Sovran Self Storage Inc)
Multiemployer Plans. Neither the Borrower nor any Guarantor nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 Section 4201 of ERISA or as a result of a sale of assets described in (S)4204 Section 4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 Section 4241 or (S)4245 Section 4245 of ERISA or is at material risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A Section 4041A of ERISA.
Appears in 3 contracts
Samples: Credit Agreement (Mack Cali Realty Corp), Revolving Credit Agreement (Mack Cali Realty L P), Revolving Credit Agreement (Mack Cali Realty Corp)
Multiemployer Plans. Neither None of the Borrower Borrowers nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 ss.4201 of ERISA or as a result of a sale of assets described in (S)4204 ss.4204 of ERISA. Neither None of the Borrower Borrowers nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 ss.4241 or (S)4245 ss.4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A ss.4041A of ERISA.
Appears in 2 contracts
Samples: Credit and Term Loan Agreement (Century Aluminum Co), Revolving Credit Agreement (Century Aluminum Co)
Multiemployer Plans. Neither the Borrower nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 ss.4201 of ERISA or as a result of a sale of assets described in (S)4204 ss.4204 of ERISAERISA that has not been satisfied in full. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 ss.4241 or (S)4245 ss.4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A ss.4041A of ERISA.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Stage Stores Inc), Revolving Credit Agreement (Stage Stores Inc)
Multiemployer Plans. Neither None of the Borrower nor Borrowers or any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 ss.4201 of ERISA or as a result of a sale of assets described in (S)4204 ss.4204 of ERISA. Neither None of the Borrower nor Borrowers or any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 ss.4241 or (S)4245 ss.4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A ss.4041A of ERISA.
Appears in 2 contracts
Samples: Credit Agreement (Nationsrent Inc), Credit and Term Loan Agreement (Iesi Corp)
Multiemployer Plans. Neither the Borrower nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 of ERISA or as a result of a sale of assets described in (S)4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 or (S)4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A of ERISA.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Lifeline Systems Inc), Revolving Credit Agreement (Varian Semiconductor Equipment Associates Inc)
Multiemployer Plans. Neither the Borrower Lessee nor any ERISA Affiliate ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 of ERISA or as a result of a sale of assets described in (S)4204 of ERISA. Neither the Borrower Lessee nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 or (S)4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A of ERISA.
Appears in 1 contract
Multiemployer Plans. Neither None of the Borrower Lessees, the Guarantors nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 ss. 4201 of ERISA or as a result of a sale of assets described in (S)4204 ss. 4204 of ERISA. Neither None of the Borrower Lessees, the Guarantors nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 ss. 4241 or (S)4245 ss. 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A ss. 4041A of ERISA.
Appears in 1 contract
Samples: Master Agreement (Borders Group Inc)
Multiemployer Plans. Neither the Borrower Company nor any ERISA ------------------- ------------- ----- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 of ERISA or as a result of a sale of assets described in (S)4204 of ERISA. Neither the Borrower Company nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 or (S)4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A of ERISA.
Appears in 1 contract
Multiemployer Plans. Neither None of the Borrower Borrowers nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 ss. 4201 of ERISA or as a result of a sale of assets described in (S)4204 ss. 4204 of ERISA. Neither None of the Borrower Borrowers nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 ss. 4241 or (S)4245 ss. 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A ss. 4041A of ERISA.
Appears in 1 contract
Samples: Multicurrency Revolving Credit Agreement (Borders Group Inc)
Multiemployer Plans. Neither the any Borrower nor any Guarantor nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 ss.4201 of ERISA or as a result of a sale of assets described in (S)4204 ss.4204 of ERISA. Neither the any Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 ss.4241 or (S)4245 ss.4245 of ERISA or is at material risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A ss.4041A of ERISA.
Appears in 1 contract
Samples: Revolving Credit Agreement (Cali Realty Corp /New/)
Multiemployer Plans. Neither the Borrower nor any ERISA ------------------- -------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 underss.4201 of ERISA or as a result of a sale of assets described in (S)4204 inss.4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 ss.4241 or (S)4245 ss.4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A underss.4041A of ERISA.
Appears in 1 contract
Samples: Revolving Credit Agreement (Fairfield Communities Inc)
Multiemployer Plans. Neither None of the Borrower Borrowers nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 ss.4201 of ERISA or as a result of a sale of assets described in (S)4204 ss.4204 of ERISA. Neither None of the Borrower Borrowers nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or is insolvent under and within the meaning of (S)4241 ss.4241 or (S)4245 ss.4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A ss.4041A of ERISA.
Appears in 1 contract
Multiemployer Plans. Neither None of the Borrower nor Lessees, the Guarantors or any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 ss. 4201 of ERISA or as a result of a sale of assets described in (S)4204 ss. 4204 of ERISA. Neither None of the Borrower nor Lessees, the Guarantors or any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 ss. 4241 or (S)4245 ss. 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A ss. 4041A of ERISA.
Appears in 1 contract
Samples: Borders Group Inc
Multiemployer Plans. Neither None of the Borrower Borrowers nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 ss.4201 of ERISA or as a result of a sale of assets described in (S)4204 ss.4204 of ERISA. Neither None of the Borrower Borrowers nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or is insolvent under and within the meaning of (S)4241 ss.4241 or (S)4245 ss.4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A ss.4041A of ERISA.
Appears in 1 contract
Multiemployer Plans. Neither the No Borrower nor any ERISA ------------------- Affiliate has -------------------- incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 ss.4201 of ERISA or as a result of a sale of assets described in (S)4204 ss.4204 of ERISA. Neither the No Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 ss.4241 or (S)4245 ss.4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A ss.4041A of ERISA.
Appears in 1 contract
Samples: Revolving Credit Agreement (Fairfield Communities Inc)
Multiemployer Plans. Neither the Borrower nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 ss.4201 of ERISA or as a result of a sale of assets described in (S)4204 ss.4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 ss.4241 or (S)4245 ss.4245 of ERISA or is at risk of or entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A ss.4041A of ERISA.
Appears in 1 contract
Samples: Revolving Credit Agreement (National Auto Finance Co Inc)
Multiemployer Plans. Neither the Borrower Company nor any ERISA ------------------- ------------- ----- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 of ERISA or as a result of a sale of assets described in (S)4204 of ERISA. Neither the Borrower Company nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 or (S)4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A of ERISA."
Appears in 1 contract
Samples: Amendment and Modification Agreement (Sterling Commerce Inc)
Multiemployer Plans. Neither the No Borrower nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 ss.4201 of ERISA or as a result of a sale of assets assetS described in (S)4204 ss.4204 of ERISA. Neither the No Borrower nor any ERISA Affiliate has been notified that any anY Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 ss.4241 or (S)4245 ss.4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A ss.4041A of ERISA.
Appears in 1 contract
Samples: Credit and Term Loan Agreement (Casella Waste Systems Inc)
Multiemployer Plans. Neither None of the Borrower Borrowers nor any ERISA ------------------- ------------- ----- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 of ERISA or as a result of a sale of assets described in (S)4204 of ERISA. Neither None of the Borrower Borrowers nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or is insolvent under and within the meaning of (S)4241 or (S)4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A of ERISA."
Appears in 1 contract
Samples: Revolving Credit Agreement (Eastern Environmental Services Inc)
Multiemployer Plans. Neither the U.S. Borrower nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 §4201 of ERISA or as a result of a sale of assets described in (S)4204 §4204 of ERISA. Neither the U.S. Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 §4241 or (S)4245 §4245 of ERISA or is at risk of entering reorganization or or, becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A §4041A of ERISA.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Genesee & Wyoming Inc)
Multiemployer Plans. Neither the Borrower nor any ERISA ------------------- -------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 ss.4201 of ERISA or as a result of a sale of assets described in (S)4204 ss.4204 of ERISA. Neither the No Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 ss.4241 or (S)4245 ss.4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A ss.4041A of ERISA.
Appears in 1 contract
Multiemployer Plans. 428 Neither the Borrower nor any Guarantor nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 ss.4201 of ERISA or as a result of a sale of assets described in (S)4204 ss.4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 ss.4241 or (S)4245 ss.4245 of ERISA or is at material risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A ss.4041A of ERISA.
Appears in 1 contract
Multiemployer Plans. Neither None of the Borrower Borrowers nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 ss.4201 of ERISA or as a result of a sale of assets described in (S)4204 ss.4204 of ERISA. Neither None of the Borrower Borrowers nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 ss.4241 or (S)4245 ss.4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A of ss.4041A oF ERISA.
Appears in 1 contract
Samples: Credit and Term Loan Agreement (Furrs Restaurant Group Inc)
Multiemployer Plans. Neither the US Borrower nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 Section)4201 of ERISA or as a result of a sale of assets described in (S)4204 Section)4204 of ERISA. Neither the US Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 Section)4241 or (S)4245 Section)4245 of ERISA or is at risk of entering reorganization or or, becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A Section)4041A of ERISA.
Appears in 1 contract
Samples: Credit and Term Loan Agreement (Genesee & Wyoming Inc)
Multiemployer Plans. Neither None of the Borrower Obligors nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 ss.4201 of ERISA or as a result of a sale of assets described in (S)4204 ss.4204 of ERISA. Neither None of the Borrower Obligors nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 ss.4241 or (S)4245 ss.4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A ss.4041A of ERISA.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Morgan Group Inc)
Multiemployer Plans. Neither None of the Parent, the Borrower nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 ss.4201 of ERISA or as a result of a sale of assets described in (S)4204 ss.4204 of ERISA. Neither None of the Parent, the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 ss.4241 or (S)4245 ss.4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A ss.4041A of ERISA.
Appears in 1 contract
Samples: Revolving Credit Agreement (Quaker Fabric Corp /De/)
Multiemployer Plans. Neither the Borrower nor any ERISA ------------------- Affiliate has incurred any material unpaid liability (including secondary liability) in excess of $100,000 to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 Section 4201 of ERISA or as a result of a sale of assets described in (S)4204 Section 4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 Section 4241 or (S)4245 Section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A Section 4041A of ERISA, in each case if the Borrower or any ERISA Affiliate could reasonably be expected to incur any liability in respect thereof in excess of $100,000.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Buca Inc /Mn)
Multiemployer Plans. Neither None of the Borrower nor Borrowers or any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 ss.4201 of ERISA or as a result of a sale of oF assets described in (S)4204 ss.4204 of ERISA. Neither None of the Borrower nor Borrowers or any ERISA Affiliate has been notified that thaT any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 ss.4241 or (S)4245 ss.4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A ss.4041A of ERISA.
Appears in 1 contract
Samples: Credit Agreement (Nationsrent Inc)
Multiemployer Plans. Neither the Borrower Borrower, the Guarantors nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 sec.4201 of ERISA or as a result of a sale of assets described in (S)4204 sec.4204 of ERISA. Neither the Borrower Borrower, the Guarantors nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 sec.4241 or (S)4245 sec.4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A sec.4041A of ERISA.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Dynatech Corp)
Multiemployer Plans. Neither any of the Borrower Borrowers nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 §4201 of ERISA or as a result of a sale of assets described in (S)4204 §4204 of ERISA. Neither any of the Borrower Borrowers nor any ERISA Affiliate has been notified that (a) any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 §4241 or (S)4245 §4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or (b) that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A §4041A of ERISA.
Appears in 1 contract
Samples: Possession Credit Agreement (Real Mex Restaurants, Inc.)
Multiemployer Plans. Neither None of the Borrower Parent, the Borrower, ------------------- any of their Subsidiaries nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 of ERISA or as a result of a sale of assets described in (S)4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 or (S)4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A of ERISA.
Appears in 1 contract
Multiemployer Plans. Neither the any Borrower nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 §4201 of ERISA or as a result of a sale of assets described in (S)4204 §4204 of ERISAERISA that is reasonably expected to have a Material Adverse Effect. Neither the any Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 §4241 or (S)4245 §4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A §4041A of ERISA, other than in a case in which the reorganization, insolvency or termination is not reasonably expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Revolving Credit Agreement (Seneca Foods Corp /Ny/)
Multiemployer Plans. Neither None of the Parent, the Borrower nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 §4201 of ERISA or as a result of a sale of assets described in (S)4204 §4204 of ERISA. Neither None of the Parent, the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 §4241 or (S)4245 §4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A §4041A of ERISA.
Appears in 1 contract
Samples: Revolving Credit and Term Loan (Quaker Fabric Corp /De/)
Multiemployer Plans. Neither None of the Parent, the Borrower nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 Section 4201 of ERISA or as a result of a sale of assets described in (S)4204 Section 4204 of ERISA. Neither None of the Parent, the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 Section 4241 or (S)4245 Section 4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A Section 4041A of ERISA.
Appears in 1 contract
Multiemployer Plans. Neither the Borrower nor any of its ------------- ----- Subsidiaries nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 of ERISA or as a result of a sale of assets described in (S)4204 of ERISA. Neither the Borrower nor any of its Subsidiaries nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or is insolvent under and within the meaning of (S)4241 or (S)4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A of ERISA.
Appears in 1 contract
Multiemployer Plans. Neither the Borrower nor any ERISA ------------------- Affiliate has incurred any material liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under (S)4201 underss.4201 of ERISA or as a result of a sale of assets described in (S)4204 inss.4204 of ERISA. Neither the Borrower nor any ERISA Affiliate has been notified that any Multiemployer Plan is in reorganization or insolvent under and within the meaning of (S)4241 or (S)4245 ofss.4241 orss.4245 of ERISA or is at risk of entering reorganization or becoming insolvent, or that any Multiemployer Plan intends to terminate or has been terminated under (S)4041A underss.4041A of ERISA.
Appears in 1 contract
