Common use of No Prohibited Transactions Under ERISA Clause in Contracts

No Prohibited Transactions Under ERISA. GDC will not, and will not permit any of its Subsidiaries to, directly or indirectly: (i) Engage in any prohibited transaction which could reasonably be expected to result in a civil penalty or excise tax described in Sections 406 of ERISA or 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 Department of Labor; (ii) permit to exist with respect to any Benefit Plan any accumulated funding deficiency (as defined in Sections 302 of ERISA and 412 of the Internal Revenue Code), whether or not waived; (iii) fail to pay timely required contributions or annual installments due with respect to any waived funding deficiency to any Benefit Plan; (iv) terminate any Benefit Plan where such event would result in any liability of any Loan Party or any ERISA Affiliate under Title IV of ERISA; (v) fail to make any required contribution or payment to any Multiemployer Plan; (vi) fail to pay any required installment or any other payment required under Section 412 of the Internal Revenue Code on or before the due date for such installment or other payment; (vii) amend a Plan resulting in an increase in current liability for the plan year such that any Loan Party or any ERISA Affiliate is required to provide security to such Plan under Section 401(a)(29) of the Internal Revenue Code; or (viii) withdraw from any Multiemployer Plan where such withdrawal is reasonably likely to result in any liability of any such entity under Title IV of ERISA.

No Prohibited Transactions Under ERISA. GDC No Loan Party will, nor will not, and will not it permit any of its Subsidiaries ERISA Affiliates to, directly or indirectly: (i) Engage in any prohibited transaction Prohibited Transaction which could reasonably be expected to result in a civil penalty or excise tax described in Sections 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 Department of Labor; (ii) permit to exist with respect to any Benefit Pension Plan any accumulated funding deficiency (as defined in Sections Section 302 of ERISA and Section 412 of the Internal Revenue Code), whether or not waived; (iii) fail to pay timely required contributions or annual installments due with respect to any waived funding deficiency to any Benefit Plan; (iv) terminate any Benefit Pension Plan where such event would result in any liability of any such Loan Party or any ERISA Affiliate under Title IV of ERISA; (viv) fail to make any required contribution or payment to any Multiemployer Plan; (viv) fail to pay any required installment or any other payment required under Section 412 of the Internal Revenue Code on or before the due date for such installment or other payment; (viivi) amend a Pension Plan resulting in an increase in current liability for the plan year such that any such Loan Party or any ERISA Affiliate is required to provide security to such Plan under Section 307 of ERISA or Section 401(a)(29) of the Internal Revenue Code; or; (viiivii) withdraw from any Multiemployer Plan where such withdrawal is reasonably likely to result in any liability of any such entity under Title IV of ERISA; or (viii) take any action that would cause the imposition of an excise tax under Section 4978 or Section 4979A of the Internal Revenue Code.

No Prohibited Transactions Under ERISA. GDC Each Borrower will not, and will not permit any of its Subsidiaries ERISA Affiliates to, directly or indirectly: (i) Engage in any prohibited transaction Prohibited Transaction which could reasonably be expected to result in a civil penalty or excise tax described in Sections 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 Department of Labor; (ii) permit to exist with respect to any Benefit Pension Plan any accumulated funding deficiency (as defined in Sections Section 302 of ERISA and Section 412 of the Internal Revenue Code), whether or not waived; (iii) fail to pay timely required contributions or annual installments due with respect to any waived funding deficiency to any Benefit Plan; (iv) terminate any Benefit Pension Plan where such event would result in any liability of any Loan Party Borrower or any ERISA Affiliate under Title IV of ERISA; (viv) fail to make any required contribution or payment to any Multiemployer Plan; (viv) fail to pay any required installment or any other payment required under Section 412 of the Internal Revenue Code on or before the due date for such installment or other payment; (viivi) amend a Pension Plan resulting in an increase in current liability for the plan year such that any Loan Party Borrower or any ERISA Affiliate is required to provide security to such Plan under Section 307 of ERISA or Section 401(a)(29) of the Internal Revenue Code; or; (viiivii) withdraw from any Multiemployer Plan where such withdrawal is reasonably likely to result in any liability of any such entity under Title IV of ERISA; or (viii) take any action that would cause the imposition of an excise tax under Section 4978 or -104- 105 Section 4979A of the Internal Revenue Code.

No Prohibited Transactions Under ERISA. GDC will not, and will The Company shall not permit any of its Subsidiaries to, directly or indirectly: (i) Engage engage, or permit any Subsidiary to engage, in any prohibited transaction which could is reasonably be expected likely to result in a civil penalty or excise tax described in Sections 406 of ERISA or 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 Department of Labor; (ii) permit to exist with respect to any Benefit Plan any accumulated funding deficiency (as defined in Sections 302 of ERISA and 412 of the Internal Revenue Code), whether or not waived; (iii) fail fail, or permit any Subsidiary to fail, to pay timely required contributions or annual installments due with respect to any waived funding deficiency to any Benefit Plan; (iv) terminate terminate, or permit any Benefit Subsidiary to terminate, any Plan where such the event would result in any liability of the Company, any Loan Party of its Subsidiaries or any ERISA Affiliate under Title IV of ERISA; (v) fail fail, or permit any Subsidiary to fail, to make any required contribution or payment to any Multiemployer Plan; (vi) fail fail, or permit any Subsidiary to fail, to pay any required installment or any other payment required under Section 412 of the Internal Revenue Code on or before the due date for such the installment or other payment; (vii) amend amend, or permit any Subsidiary to amend, a Plan resulting in an increase in current liability for the plan year such that the Company, any Loan Party Subsidiary or any ERISA Affiliate is required to provide security to such the Plan under Section 401(a)(29) of the Internal Revenue Code; or (viii) withdraw withdraw, or permit any Subsidiary to withdraw, from any Multiemployer Plan where such the withdrawal is reasonably likely to result in any liability of any such entity under Title IV of ERISA.

No Prohibited Transactions Under ERISA. GDC will not, and will not permit any of its Subsidiaries to, directly Directly or indirectly: (ia) Engage in any prohibited transaction which could is reasonably be expected likely to result in a civil penalty or excise tax described in Sections 406 of ERISA or 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 Department of Labor; (iib) permit to exist with respect to any Benefit Plan any accumulated to fail to satisfy the minimum funding deficiency (as defined in requirements under Sections 302 of ERISA and 412 of the Internal Revenue Code), whether or not waivedIRC; (iiic) fail to pay timely required contributions or annual installments due with respect to any waived funding deficiency to any Benefit Plan; (ivd) terminate any Benefit Plan where such event would result in any liability of such Borrower, any Loan Party of its Subsidiaries or any ERISA Affiliate under Title IV of ERISA; (ve) fail to make any required contribution or payment to any Multiemployer Plan; (vif) fail to pay any required installment or any other payment required under Section 412 of the Internal Revenue Code IRC on or before the due date for such installment or other payment; (vii) amend a Plan resulting in an increase in current liability for the plan year such that any Loan Party or any ERISA Affiliate is required to provide security to such Plan under Section 401(a)(29) of the Internal Revenue Code; or (viiig) withdraw from any Multiemployer Plan where such withdrawal is reasonably likely to result in any liability of any such entity under Title IV of ERISA; which, individually or in the aggregate, results in or reasonably would be expected to result in a claim against or liability of such Borrower, any of its Subsidiaries or any ERISA Affiliate in excess of $100,000.

No Prohibited Transactions Under ERISA. GDC Each Borrower will not, and will not permit any of its Subsidiaries ERISA Affiliates to, directly or indirectly: (i) Engage in any prohibited transaction Prohibited Transaction which could reasonably be expected to result in a civil penalty or excise tax described in Sections 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 Department of Labor; (ii) permit to exist with respect to any Benefit Pension Plan any accumulated funding deficiency (as defined in Sections Section 302 of ERISA and Section 412 of the Internal Revenue Code), whether or not waived; (iii) fail to pay timely required contributions or annual installments due with respect to any waived funding deficiency to any Benefit Plan; (iv) terminate any Benefit Pension Plan where such event would result in any liability of any Loan Party Borrower or any ERISA Affiliate under Title IV of ERISA; (viv) fail to make any required contribution or payment to any Multiemployer Plan; (viv) fail to pay any required installment or any other payment required under Section 412 of the Internal Revenue Code on or before the due date for such installment or other payment; (viivi) amend a Pension Plan resulting in an increase in current liability for the plan year such that any Loan Party Borrower or any ERISA Affiliate is required to provide security to such Plan under Section 307 of ERISA or Section 401(a)(29) of the Internal Revenue Code; or-95- 96 (viiivii) withdraw from any Multiemployer Plan where such withdrawal is reasonably likely to result in any liability of any such entity under Title IV of ERISA; or (viii) take any action that would cause the imposition of an excise tax under Section 4978 or Section 4979A of the Internal Revenue Code.

No Prohibited Transactions Under ERISA. GDC will not, and will not permit any of its Subsidiaries to, directly Directly or indirectly: (ia) Engage engage, or permit any Subsidiary of Borrower to engage, in any prohibited transaction which could is reasonably be expected likely to result in a civil penalty or excise tax described in Sections 406 of ERISA or 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 Department of Labor; (iib) permit to exist with respect to any Benefit Plan any accumulated funding deficiency (as defined in Sections 302 of ERISA and 412 of the Internal Revenue CodeIRC), whether or not waived; (iiic) fail fail, or permit any Subsidiary of Borrower to fail, to pay timely required contributions or annual installments due with respect to any waived funding deficiency to any Benefit Plan; (ivd) terminate fail, or permit any Benefit Plan where such event would result in any liability Subsidiary of any Loan Party or any ERISA Affiliate under Title IV of ERISA; (v) fail Borrower to fail, to make any required contribution or payment to any Multiemployer Plan; (vie) fail fail, or permit any Subsidiary of Borrower to fail, to pay any required installment or any other payment required under Section 412 of the Internal Revenue Code IRC on or before the due date for such installment or other payment; (vii) amend ; which, individually or in the aggregate, results in or reasonably would be expected to result in a Plan resulting in an increase in current claim against or liability for the plan year such that of Borrower, any Loan Party of its Subsidiaries or any ERISA Affiliate is required to provide security to such Plan under Section 401(a)(29) in excess of the Internal Revenue Code; or (viii) withdraw from any Multiemployer Plan where such withdrawal is reasonably likely to result in any liability of any such entity under Title IV of ERISA$250,000.

No Prohibited Transactions Under ERISA. GDC No Loan Party will, nor will not, and will not it permit any of its Subsidiaries ERISA Affiliates to, directly or indirectly: (i) Engage in any prohibited transaction Prohibited Transaction which could reasonably be expected to result in a civil penalty or excise tax described in Sections 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 Department of Labor; (ii) permit to exist with respect to any Benefit Pension Plan any accumulated funding deficiency (as defined in Sections Section 302 of ERISA and Section 412 of the Internal Revenue Code), whether or not waived;; ​ (iii) fail to pay timely required contributions or annual installments due with respect to any waived funding deficiency to any Benefit Plan; (iv) terminate any Benefit Pension Plan where such event would result in any liability of any such Loan Party or any ERISA Affiliate under Title IV of ERISA; (viv) fail to make any required contribution or payment to any Multiemployer Plan; (viv) fail to pay any required installment or any other payment required under Section 412 of the Internal Revenue Code on or before the due date for such installment or other payment; (viivi) amend a Pension Plan resulting in an increase in current liability for the plan year such that any such Loan Party or any ERISA Affiliate is required to provide security to such Plan under Section 307 of ERISA or Section 401(a)(29) of the Internal Revenue Code; or; (viiivii) withdraw from any Multiemployer Plan where such withdrawal is reasonably likely to result in any liability of any such entity under Title IV of ERISA; or (viii) take any action that would cause the imposition of an excise tax under Section 4978 or Section 4979A of the Internal Revenue Code.

No Prohibited Transactions Under ERISA. GDC will not, and will not permit any of its Subsidiaries to, directly or indirectlyDirectly: (i) Engage engage in any prohibited transaction which could is reasonably be expected likely to result in a civil penalty or excise tax described in Sections 406 of ERISA or 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 Department of Labor; (ii) permit to exist with respect to any Benefit Plan any accumulated funding deficiency (as defined in Sections 302 of ERISA and 412 of the Internal Revenue CodeIRC), whether or not waived; (iii) fail to pay timely required contributions or annual installments due with respect to any waived funding deficiency to any Benefit Plan; (iv) terminate any Benefit Plan where such event would result in any liability of any Loan Party Maker or any ERISA Affiliate under Title IV of ERISA; (v) fail to make any required contribution or payment to any Multiemployer Plan; (vi) fail to pay any required installment or any other payment required under Section 412 of the Internal Revenue Code IRC on or before the due date for such installment or other payment; (vii) amend a Plan resulting in an increase in current liability for the plan year such that any Loan Party either of Maker or any ERISA Affiliate is required to provide security to such Plan under Section 401(a)(29) of the Internal Revenue CodeIRC; or (viii) withdraw from any Multiemployer Plan where such withdrawal is reasonably likely to result in any liability of any such entity under Title IV of ERISA; which, individually or in the aggregate, results in or reasonably would be expected to result in a claim against or liability of Maker or any ERISA Affiliate in excess of $25,000.