No Prohibited Transactions Under ERISA. (a) Except as set forth on Schedule 9.9, engage, or permit any Controlled ERISA Affiliate to engage, in any prohibited transaction which could result in a civil penalty or excise tax described in Section 406 of ERISA or Section 4975 of the Internal Revenue Code for which a statutory or class exemption is not available or a private exemption has not been previously obtained from the DOL;
Appears in 6 contracts
Samples: Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc)
No Prohibited Transactions Under ERISA. (a) Except as set forth on Schedule 9.9, engageEngage, or permit any Controlled ERISA Affiliate to engage, in any prohibited transaction which could result in a civil penalty or excise tax described in Section 406 of ERISA or Section 4975 of the Internal Revenue Code for which a statutory or class exemption is not available or a private exemption has not been previously obtained from the DOL;
Appears in 5 contracts
Samples: Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc)
No Prohibited Transactions Under ERISA. (a) Except as set forth on Schedule 9.9, engageEngage, or permit any Controlled ERISA Affiliate to engage, in any prohibited transaction which could result in a material civil penalty or excise tax described in Section 406 of ERISA or Section 4975 of the Internal Revenue Code for which a statutory or class exemption is not available or a private exemption has not been previously obtained from the DOL;
Appears in 4 contracts
Samples: Pledge Agreement (Transmontaigne Inc), Pledge Agreement (TransMontaigne Partners L.P.), Credit Agreement (TransMontaigne Partners L.P.)
No Prohibited Transactions Under ERISA. (a) Except as set forth on Schedule 9.9, engageEngage, or permit any Controlled ERISA Affiliate to engage, in any prohibited transaction which could result in a civil penalty or excise tax described in Section 406 of ERISA or Section 4975 of the Internal Revenue Code for which a statutory or class exemption is not available or a private exemption has not been previously obtained from the DOL;
Appears in 3 contracts
Samples: Credit Agreement (Nationsrent Companies Inc), Credit Agreement (Coleman Cable, Inc.), Credit Agreement (Nationsrent Companies Inc)
No Prohibited Transactions Under ERISA. (a) Except as set forth on Schedule 9.9, engageEngage, or permit any Controlled ERISA Affiliate to engage, in any prohibited transaction which could result in a material civil penalty or excise tax described in Section Sections 406 of ERISA or Section 4975 of the Internal Revenue Code for which a statutory or class exemption is not available or a private exemption has not been previously obtained from the DOL;
Appears in 1 contract
No Prohibited Transactions Under ERISA. (a) Except as set forth on Schedule 9.9, engage, or permit any ------------ Controlled ERISA Affiliate to engage, in any prohibited transaction which could result in a civil penalty or excise tax described in Section 406 of ERISA or Section 4975 of the Internal Revenue Code for which a statutory or class exemption is not available or a private exemption has not been previously obtained from the DOL;
Appears in 1 contract
Samples: Credit Agreement (Chiquita Brands International Inc)
No Prohibited Transactions Under ERISA. (aA) Except as set forth on Schedule 9.9, engageEngage, or permit any Controlled ERISA Affiliate to engage, in any prohibited transaction which could result in a civil penalty or excise tax described in Section 406 of ERISA or Section 4975 of the Internal Revenue Code for which a statutory or class exemption is not available or a private exemption has not been previously obtained from the DOL;
Appears in 1 contract
Samples: Credit Agreement (Chiquita Brands International Inc)
No Prohibited Transactions Under ERISA. Directly or indirectly: (a) Except as set forth on Schedule 9.9, engage, or permit any Controlled ERISA Affiliate Subsidiary of either Borrower to engage, in any prohibited transaction which could is reasonably likely to result in a civil penalty or excise tax described in Section Sections 406 of ERISA or Section 4975 of the Internal Revenue Code IRC for which a statutory or class exemption is not available or a private exemption has not been previously obtained from the DOLDepartment of Labor;
Appears in 1 contract
No Prohibited Transactions Under ERISA. (a) Except as set forth on Schedule 9.9, engageEngage, or permit any Controlled ERISA Affiliate to engage, in any prohibited transaction which could result in a civil penalty or excise tax described in Section Sections 406 of ERISA or Section 4975 of the Internal Revenue Code for which a statutory or class exemption is not available or a private exemption has not been previously obtained from the DOL;
Appears in 1 contract
Samples: Credit Agreement (Fresh Foods Inc)
No Prohibited Transactions Under ERISA. (a) Except as set forth on Schedule 9.9, engageEngage, or permit any Controlled ERISA Affiliate to engage, in any prohibited transaction which could result in a civil penalty or excise tax described in Section 406 of ERISA or Section 4975 of the Internal Revenue Code IRC for which a statutory or class exemption is not available or a private exemption has not been previously obtained from the DOLDepartment of Labor;
Appears in 1 contract
No Prohibited Transactions Under ERISA. (a) Except as set forth on Schedule 9.9, engageEngage, or permit any Controlled ERISA Affiliate to engage, in any prohibited transaction which could result in a civil penalty or excise tax in an amount exceeding $10,000,000 (or in an amount which when added to all other liabilities incurred on account of other violations described in this Section 9.9 could reasonably be expected to have a Material Adverse Effect) described in Sections 406 of ERISA or Section 4975 of the Internal Revenue Code for which a statutory or class exemption is not available or a private exemption has not been previously obtained from the DOL;
Appears in 1 contract