Common use of NOTICE OF DEFAULT UNDER ERISA Clause in Contracts

NOTICE OF DEFAULT UNDER ERISA. If Borrower shall receive notice from any ERISA Regulator or otherwise have actual knowledge that a Default under ERISA exists with respect to any Employee Benefit Plan, Borrower shall notify the Agent and each Bank of the occurrence of such Default under ERISA, within ten (10) Business Days after receiving such notice or obtaining such knowledge (the disclosures contained in the Supplemental Schedule being such notice of each Default under ERISA disclosed therein to the extent of the disclosure therein) and shall: (i) so long as the Default under ERISA has not been corrected to the satisfaction of, or waived in writing by the party giving notice, the Borrower shall thereafter treat as a current liability (if not otherwise so treated) all liability of Borrower or its Subsidiary that would arise by reason of the termination of or withdrawal from such Employee Benefit Plan if such plan was then terminated, and (ii) within forty-five (45) days of the receipt of such notice or obtaining such knowledge, furnish to the Agent and each Bank a current consolidated balance sheet of Borrower with the amount of the current liability referred to above.

Appears in 2 contracts

Samples: Credit Agreement (Om Group Inc), Credit Agreement (Om Group Inc)

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NOTICE OF DEFAULT UNDER ERISA. If any Borrower or any of its Subsidiaries shall receive notice from any ERISA Regulator or otherwise have actual knowledge that a Default under ERISA exists 45 with respect to any Employee Benefit PlanPlan that could reasonably be expected to have a Material Adverse Effect, such Borrower shall notify the Administrative Agent and each Bank Loan Party of the occurrence of such Default under ERISA, within ten five (105) Business Days after receiving such notice or obtaining such knowledge (the disclosures contained in the Supplemental Schedule being such notice of each Default under ERISA disclosed therein to the extent of the disclosure therein) and shall: (i) so long as the such Default under ERISA has not been corrected to the satisfaction of, or waived in writing by by, the party giving notice, the such Borrower shall thereafter treat as a current liability (if not otherwise so treated) all liability of such Borrower or its Subsidiary that would arise by reason of the termination of or withdrawal from such Employee Benefit Plan if such plan was then terminated, and (ii) within forty-five fifteen (4515) days of the receipt of such notice or obtaining such knowledge, furnish to the Administrative Agent and each Bank Loan Party a current consolidated balance sheet of Borrower International with the amount of the current liability referred to above.

Appears in 1 contract

Samples: Multicurrency Credit and Security Agreement (Erico Products Inc)

NOTICE OF DEFAULT UNDER ERISA. If the Borrower shall receive notice from any ERISA Regulator or otherwise have actual knowledge that a Default under ERISA exists with respect to any Employee Benefit Plan, the Borrower shall notify the Agent and each Bank of the occurrence of such Default under ERISA, within ten (10) Business Days after receiving such notice or obtaining such knowledge (the disclosures contained in the Supplemental Schedule being such notice of each Default under ERISA disclosed therein to the extent of the disclosure therein) and shall: (i) so long as the Default under ERISA has not been corrected to the satisfaction of, or waived in writing by the party giving notice, the Borrower shall thereafter treat as a current liability (if not otherwise so treated) all liability of Borrower or its Subsidiary Subsidiaries that would arise by reason of the termination of or withdrawal from such Employee Benefit Plan if such plan was then terminated, and (ii) within forty-five (45) days of the receipt of such notice or obtaining such knowledge, furnish to the Agent and each Bank a current consolidated balance sheet of Borrower with the amount of the current liability referred to above.

Appears in 1 contract

Samples: Credit and Security Agreement (Curtis Sub Inc)

NOTICE OF DEFAULT UNDER ERISA. If Borrower any or all of the Borrowers shall receive notice from any ERISA Regulator or otherwise have actual knowledge that a Default under ERISA exists with respect to any Employee Benefit Plan, Borrower the Borrowers shall notify the Administrative Agent and each Bank of the occurrence of such Default under ERISA, within ten (10) Business Days after receiving such notice or obtaining such knowledge (the disclosures contained in the Supplemental Schedule being such notice of each Default under ERISA disclosed therein to the extent of the disclosure therein) and shall: (i) so long as the Default under ERISA has not been corrected to the satisfaction of, or waived in writing by the party giving notice, the Borrower Borrowers shall thereafter treat as a current liability (if not otherwise so treated) all liability of such Borrower or its Subsidiary Borrowers or the Subsidiaries thereof that would arise by reason of the termination of or withdrawal from such Employee Benefit Plan if such plan was then terminated, and (ii) within forty-five (45) days of the receipt of such notice or obtaining such knowledge, furnish to the Administrative Agent and each Bank a current consolidated balance sheet of Borrower the Borrowers with the amount of the current liability referred to above.

Appears in 1 contract

Samples: Credit and Security Agreement (Instron Lawrence Corp)

NOTICE OF DEFAULT UNDER ERISA. If the Borrower shall receive notice from any ERISA Regulator or otherwise have actual knowledge that a Default under ERISA exists with respect to any Employee Benefit Plan, the Borrower shall notify the Administrative Agent and each Bank Lender of the occurrence of such Default under ERISA, within ten (10) Business Days after receiving such notice or obtaining such knowledge (the disclosures contained in the Supplemental Disclosure Schedule being such notice of each Default under ERISA disclosed therein to the extent of the disclosure therein) and shall: (i) so long as the Default under ERISA has not been corrected to the satisfaction of, or waived in writing by the party giving notice, the Borrower shall thereafter treat as a current liability (if not otherwise so treated) all liability of the Borrower or its Subsidiary the Subsidiaries thereof that would arise by reason of the termination of or withdrawal from such Employee Benefit Plan if such plan was then terminated, and (ii) within forty-five (45) days of the receipt of such notice or obtaining such knowledge, furnish to the Administrative Agent and each Bank Lender a current consolidated balance sheet of the Borrower with the amount of the current liability referred to above.

Appears in 1 contract

Samples: Credit and Security Agreement (Olympic Steel Inc)

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NOTICE OF DEFAULT UNDER ERISA. If the Borrower or any of its Subsidiaries shall receive notice from any ERISA Regulator or otherwise have actual knowledge that a Default default under ERISA exists with respect to any Employee Benefit Plan, the Borrower shall notify the Agent and each Bank Lender of the occurrence of such Default default under ERISA, within ten (10) Business Days after receiving such notice or obtaining such knowledge (the disclosures contained in the Supplemental Schedule being such notice of each Default default under ERISA disclosed therein to the extent of the disclosure therein) and shall: (i) so long as the Default default under ERISA has not been corrected to the satisfaction of, or waived in writing by the party giving notice, the Borrower shall thereafter treat as a current liability (if not otherwise required by GAAP to be so treated) all liability of Borrower or its Subsidiary Subsidiaries that would arise by reason of the termination of or withdrawal from such Employee Benefit Plan if such plan was then terminated, and (ii) within forty-five (45) days of the receipt of such notice or obtaining such knowledge, furnish to the Agent and each Bank Lender a current consolidated balance sheet of Borrower with the amount of the current liability referred to above.

Appears in 1 contract

Samples: Credit and Security Agreement (Diy Home Warehouse Inc)

NOTICE OF DEFAULT UNDER ERISA. If any Borrower shall receive notice from any ERISA Regulator or otherwise have actual knowledge that a Default under ERISA exists with respect to any Employee Benefit Plan, the Borrower Representative shall notify the Administrative Agent and each Bank Lender of the occurrence of such Default under ERISA, within ten (10) Business Days after receiving such notice or obtaining such knowledge (the disclosures contained in the Supplemental Disclosure Schedule being such notice of each Default under ERISA disclosed therein to the extent of the disclosure therein) and shall: (i) so long as the Default under ERISA has not been corrected to the satisfaction of, or waived in writing by the party giving notice, the Borrower Borrowers shall thereafter treat as a current liability (if not otherwise so treated) all liability of such Borrower or its Subsidiary Subsidiaries that would arise by reason of the termination of or withdrawal from such Employee Benefit Plan if such plan was then terminated, and (ii) within forty-five (45) days of the receipt of such notice or obtaining such knowledge, furnish to the Administrative Agent and each Bank Lender a current consolidated balance sheet of Borrower the Borrowers with the amount of the current liability referred to above.

Appears in 1 contract

Samples: Credit and Security Agreement (Hawk Corp)

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