Common use of Notice of ERISA Events Clause in Contracts

Notice of ERISA Events. Within 10 days after the Company or any ERISA Affiliates knows that any of the events described in the succeeding two sentences have occurred and such occurrence or occurrences, individually or in the aggregate, could be material and adverse to the Company and its Subsidiaries taken as a whole, the Company shall furnish to the Agent a statement signed by a senior officer of the Company describing such event in reasonable detail and the action, if any, proposed to be taken with respect thereto. The events referred to in the preceding sentence are, with respect to any Single-Employer Plan: (i) any reportable event described in Section 4043 of ERISA, other than a reportable event for which the 30-day notice requirement has been waived by the PBGC; (ii) the filing with any affected party as such term is defined in Section 4001 of ERISA of a notice of intent to terminate the Plan; (iii) receipt of notice of an application by the PBGC to institute proceedings to terminate the Plan pursuant to Section 4042 of ERISA; (iv) withdrawal from or termination of the Plan during a plan year for which the Company or any ERISA Affiliate is or would be subject to liability under Sections 4063 or 4064 of ERISA; (v) cessation of operations by the Company or any ERISA Affiliate at a facility under the circumstances described in Section 4062(e) of ERISA; (vi) adoption of an amendment to a Plan which is a Single-Employer Plan which would require security to be given to the Plan pursuant to Section 401(a)(29) of the Code or Section 307 of ERISA; and (vii) failure by the Company or any ERISA Affiliate to make payment to a Single-Employer Plan which would give rise to a lien in favor of the Plan under Section 302(f) of ERISA. Such events shall also include receipt of notice of withdrawal liability pursuant to Section 4202 of ERISA.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Health Care Property Investors Inc), Revolving Credit Agreement (Health Care Property Investors Inc), Revolving Credit Agreement (Health Care Property Investors Inc)

AutoNDA by SimpleDocs

Notice of ERISA Events. Within 10 days after the Company or any ERISA Affiliates Affiliate knows that any of the events described in the succeeding two sentences have occurred and such occurrence or occurrences, individually or in the aggregate, could be material and adverse to the Company and its Subsidiaries taken as a wholeoccurred, the Company shall furnish to the Agent a statement signed by a senior officer of the Company describing such event in reasonable detail and the action, if any, proposed to be taken with respect thereto. The events referred to in the preceding sentence are, with respect to any Single-Employer Plan: (i) any reportable event described in Section 4043 of ERISA, other than a reportable event for which the 30-day notice requirement has been waived by the PBGC; (ii) the filing with provision to any affected party as such term is defined in Section 4001 of ERISA of a notice of intent to terminate the Plan; (iii) the adoption of or amendment to the Plan if, after giving effect to such amendment, the Plan is a plan described in Section 4021(b) of ERISA; (iv) receipt of notice of an application by the PBGC to institute proceedings to terminate the Plan pursuant to Section 4042 of ERISA; (ivv) withdrawal from or termination of the Plan during a plan year for which the Company or any ERISA Affiliate is or would be subject to liability under Sections 4063 or 4064 of ERISA; (vvi) cessation of operations by the Company or any ERISA Affiliate at a facility under the circumstances described in Section 4062(e) of ERISA; (vivii) adoption of an amendment to a Plan which is a Single-Employer the Plan which would require security to be given to the Plan pursuant to Section 401(a)(29) of the Code or Section 307 of ERISA; and (viiviii) failure by the Company or any ERISA Affiliate to make payment to a Single-Employer the Plan which would give rise to a lien in favor of the Plan under Section 302(f) of ERISA. Such events shall also include receipt of notice of withdrawal liability pursuant to Section 4202 of ERISAERISA with respect to a Plan that is a multiemployer plan.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Realty Income Corp), Revolving Credit Agreement (Realty Income Corp)

Notice of ERISA Events. Within 10 days after the Company or any ERISA Affiliates knows that any of the events described in the succeeding two sentences have occurred and such occurrence or occurrences, individually or in the aggregate, could be material and adverse to the Company and its Subsidiaries the Subsidiaries, taken as a whole, the Company shall furnish to the Agent a statement signed by a senior officer of the Company describing such event in reasonable detail and the action, if any, proposed to be taken with respect thereto. The events referred to in the preceding sentence are, with respect to any Single-Employer Plan: (i) any reportable event described in Section 4043 of ERISA, other than a reportable event for which the 30-day notice requirement has been waived by the PBGC; (ii) the filing with any affected party as such term is defined in Section 4001 of ERISA of a notice of intent to terminate the Plan; (iii) receipt of notice of an application by the PBGC to institute proceedings to terminate the Plan pursuant to Section 4042 of ERISA; (iv) withdrawal from or termination of the Plan during a plan year for which the Company or any ERISA Affiliate is or would be subject to liability under Sections 4063 or 4064 of ERISA; (v) cessation of operations by the Company or any ERISA Affiliate at a facility under the circumstances described in Section 4062(e) of ERISA; (vi) adoption of an amendment to a Plan which is a Single-Employer Plan which would require security to be given to the Plan pursuant to Section 401(a)(29) of the Code or Section 307 of ERISA; and (vii) failure by the Company or any ERISA Affiliate to make payment to a Single-Employer Plan which would give rise to a lien in favor of the Plan under Section 302(f) of ERISA. Such events shall also include receipt of notice of withdrawal liability pursuant to Section 4202 of ERISA.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Health Care Property Investors Inc), 364 Day Revolving Credit Agreement (Health Care Property Investors Inc)

Notice of ERISA Events. Within 10 days after the Company or any ERISA Affiliates Affiliate knows that any of the events described in the succeeding two sentences have occurred and such occurrence or occurrences, individually or in the aggregate, could be material and adverse to the Company and its Subsidiaries taken as a wholeoccurred, the Company shall furnish to the Agent a statement signed by a senior officer of the Company describing such event in reasonable detail and the action, if any, proposed to be taken with respect thereto. The events referred to in the preceding sentence are, with respect to any Single-Single Employer Plan: (i) any reportable event described in Section 4043 of ERISA, other than a reportable event for which the 30-day notice requirement has been waived by the PBGC; (ii) the filing with provision to any affected party as such term is defined in Section 4001 of ERISA of a notice of intent to terminate the Plan; (iii) the adoption of or amendment to the Plan if, after giving effect to such amendment, the Plan is a plan described in Section 4021(b) of ERISA; (iv) receipt of notice of an application by the PBGC to institute proceedings to terminate the Plan pursuant to Section 4042 of ERISA; (ivv) withdrawal from or termination of the Plan during a plan year for which the Company or any ERISA Affiliate is or would be subject to liability under Sections 4063 or 4064 of ERISA; (vvi) cessation of operations by the Company or any ERISA Affiliate at a facility under the circumstances described in Section 4062(e) of ERISA; (vivii) adoption of an amendment to a Plan which is a Single-Employer the Plan which would require security to be given to the Plan pursuant to Section 401(a)(29) of the Code or Section 307 of ERISA; and (viiviii) failure by the Company or any ERISA Affiliate to make any payment to a Single-Employer the Plan which would give rise to a lien in favor of the Plan under Section 414(n) of the Code or 302(f) of ERISA. Such events shall also include receipt of notice of withdrawal liability pursuant to Section 4202 of ERISAERISA with respect to a Plan that is a multiemployer plan.

Appears in 1 contract

Samples: Revolving Credit Agreement (Realty Income Corp)

AutoNDA by SimpleDocs

Notice of ERISA Events. Within 10 days after the Company or any ERISA Affiliates Affiliate knows that any of the events described in the succeeding two sentences have occurred and such occurrence or occurrences, individually or in the aggregate, could be material and adverse to the Company and its Subsidiaries taken as a wholeoccurred, the Company shall furnish to the Administrative Agent a statement signed by a senior officer of the Company describing such event in reasonable detail and the action, if any, proposed to be taken with respect thereto. The events referred to in the preceding sentence are, with respect to any Single-Single Employer Plan: (i) any reportable event described in Section 4043 of ERISA, other than a reportable event for which the 30-day notice requirement has been waived by the PBGC; (ii) the filing with provision to any affected party as such term is defined in Section 4001 of ERISA of a notice of intent to terminate the Plan; (iii) the adoption of or amendment to the Plan if, after giving effect to such amendment, the Plan is a plan described in Section 4021(b) of ERISA; (iv) receipt of notice of an application by the PBGC to institute proceedings to terminate the Plan pursuant to Section 4042 of ERISA; (ivv) withdrawal from or termination of the Plan during a plan year for which the Company or any ERISA Affiliate is or would be subject to liability under Sections 4063 or 4064 of ERISA; (vvi) cessation of operations by the Company or any ERISA Affiliate at a facility under the circumstances described in Section 4062(e) of ERISA; (vivii) adoption of an amendment to a Plan which is a Single-Employer the Plan which would require security to be given to the Plan pursuant to Section 401(a)(29) of the Code or Section 307 of ERISA; and (viiviii) failure by the Company or any ERISA Affiliate to make any payment to a Single-Employer the Plan which would give rise to a lien in favor of the Plan under Section 414(n) of the Code or 302(f) of ERISA. Such events shall also include receipt of notice of withdrawal liability pursuant to Section 4202 of ERISAERISA with respect to a Plan that is a multi-employer plan.

Appears in 1 contract

Samples: Revolving Credit Agreement (Realty Income Corp)

Notice of ERISA Events. Within 10 days after the Company or any ERISA Affiliates knows that any of the events described in the succeeding two sentences have occurred and such occurrence or occurrences, individually or in the aggregate, could be material and adverse to the Company and its Subsidiaries the Subsidiaries, taken as a whole, the Company shall furnish to the Administrative Agent a statement signed by a senior officer of the Company describing such event in reasonable detail and the action, if any, proposed to be taken with respect thereto. The events referred to in the preceding sentence are, with respect to any Single-Employer Plan: (i) any reportable event described in Section 4043 of ERISA, other than a reportable event for which the 30-day notice requirement has been waived by the PBGC; (ii) the filing with any affected party as such term is defined in Section 4001 of ERISA of a notice of intent to terminate the Plan; (iii) receipt of notice of an application by the PBGC to institute proceedings to terminate the Plan pursuant to Section 4042 of ERISA; (iv) withdrawal from or termination of the Plan during a plan year for which the Company or any ERISA Affiliate is or would be subject to liability under Sections 4063 or 4064 of ERISA; (v) cessation of operations by the Company or any ERISA Affiliate at a facility under the circumstances described in Section 4062(e) of ERISA; (vi) adoption of an amendment to a Plan which is a Single-Employer Plan which would require security to be given to the Plan pursuant to Section 401(a)(29) of the Code or Section 307 of ERISA; and (vii) failure by the Company or any ERISA Affiliate to make payment to a Single-Employer Plan which would give rise to a lien in favor of the Plan under Section 302(f) of ERISA. Such events shall also include receipt of notice of withdrawal liability pursuant to Section 4202 of ERISA.

Appears in 1 contract

Samples: Credit Agreement (Health Care Property Investors Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!