Common use of PBGC Clause in Contracts

PBGC. No liability to the PBGC has been or is expected to be incurred by the Company or any ERISA Affiliate with respect to any pension plan that, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect. No circumstance exists that constitutes grounds under section 4042 of ERISA entitling the PBGC to institute proceedings to terminate, or appoint a trustee to administer, any pension plan or trust created thereunder, nor has the PBGC instituted any such proceeding.

PBGC. No liability to the PBGC has been or is expected to be incurred by the Company or any ERISA Affiliate with respect to any pension plan Pension Plan that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. No circumstance exists that constitutes grounds under section 4042 of ERISA entitling the PBGC to institute proceedings to terminate, or appoint a trustee to administer, any pension plan Pension Plan or trust created thereunder, nor has the PBGC instituted any such proceeding.

PBGC. No liability to the PBGC Pension Benefit Guaranty Corporation (the "PBGC") has been or is expected to be incurred by the Company Lessee or any ERISA Affiliate with respect to any pension plan Pension Plan that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. No circumstance exists that constitutes or reasonably could be expected to constitute grounds under section 4042 of ERISA entitling the PBGC to institute proceedings to terminate, or appoint a trustee to administer, any pension plan Pension Plan or trust created thereunder, nor has the PBGC instituted any such proceeding.

PBGC. No liability to the PBGC has been or is expected to be incurred by the Company Parent, the Company, the other Guarantors, the Managing General Partners or any other ERISA Affiliate with respect to any pension plan Pension Plan that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. No circumstance exists that constitutes grounds under section 4042 of ERISA entitling the PBGC to institute proceedings to terminate, or appoint a trustee to administer, any pension plan Pension Plan or trust created thereunder, nor has the PBGC instituted any such proceeding.