Common use of No Prohibited Transactions, Accumulated Funding Deficiencies Clause in Contracts

No Prohibited Transactions, Accumulated Funding Deficiencies. withdrawals from Multiemployer Plans or Reportable Events have occurred with respect to any Plans or Multiemployer Plans that, in the aggregate, could subject the Borrower to any tax, penalty, or other liability where such tax, penalty, or liability is not covered in full, for the benefit of the Borrower, by insurance; (ii) no notice of intent to terminate a Plan has been filed, nor has any Plan been terminated under Section 4041 of ERISA, nor has the PBGC instituted proceedings to terminate, or appoint a trustee to administer, a Plan, and no event has occurred or condition exists that might constitute grounds under Section 4042 of ERISA for the termination of, or the appointment of a trustee to administer, any Plan; (iii) the present value of all benefit liabilities (as defined in Section 4001(a)(16) of ERISA) under all Plans (based on the actuarial assumptions used to fund the Plans) does not exceed the assets of the Plans; and (iv) the execution, delivery, and performance by the Borrower of this Agreement and the Loans hereunder and the use of the proceeds thereof will not involve any Prohibited Transactions.

No Prohibited Transactions, Accumulated Funding Deficiencies. withdrawals from Multiemployer Plans or Reportable Events have occurred with respect to any Plans or Multiemployer Plans that, in the aggregate, could subject the Borrower to any tax, penalty, penalty or other liability where such tax, penalty, penalty or liability is not covered in full, for the benefit of the Borrower, by insurance; (ii2) no notice of intent to terminate a Plan has been filed, nor has any Plan been terminated under Section 4041 of ERISA, nor has the PBGC instituted proceedings to terminate, or appoint a trustee to administer, a Plan, and no event has occurred or condition exists that which might constitute grounds under Section section 4042 of ERISA for the termination of, or the appointment of a trustee to administer, any Plan; (iii3) the present value of all benefit liabilities (as defined in Section section 4001(a)(16) of ERISA) under all Plans (based on the actuarial assumptions used to fund the Plans) does not exceed the assets of the Plans; and (iv) the execution, delivery, and performance by the Borrower of this Agreement and the Loans hereunder and the use of the proceeds thereof will not involve any Prohibited Transactions.and

No Prohibited Transactions, Accumulated Funding Deficiencies. withdrawals from Multiemployer Plans or Reportable Events have occurred with respect to any Plans or Multiemployer Plans that, in the aggregate, could subject the either Borrower or any of such Borrower's Subsidiaries to any material tax, penalty, penalty or other liability where such tax, penalty, penalty or liability is not covered in full, for the benefit of the Borrowersuch Borrower or such Subsidiary, by insurance; (iib) no notice of intent to terminate a Plan has been filed, nor has any Plan been terminated under Section 4041 of ERISA, nor has the PBGC instituted proceedings to terminate, or appoint a trustee to administer, a Plan, Plan and no event has occurred or condition exists that might constitute grounds under Section 4042 of ERISA for the termination of, or the appointment of a trustee to administer, any Plan; (iiic) the present value of all benefit benefits liabilities (as defined in Section 4001(a)(16) of ERISA) under all Plans (based on the actuarial assumptions used to fund the Plans) does not exceed the assets of the Plans; and (ivd) the execution, delivery, delivery and performance by Borrowers of the Borrower Loan Documents and the borrowing of this Agreement and the Loans hereunder and the use of the proceeds thereof will not involve any Prohibited TransactionsTransaction.