Common use of Pension and Welfare Plans Clause in Contracts

Pension and Welfare Plans. During the twelve-consecutive-month period prior to the Closing Date and prior to the date of any Credit Event hereunder, except as would not reasonably be expected to have a Material Adverse Effect, (a) no steps have been taken to terminate any Pension Plan, (b) no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien under Section 303(k) of ERISA, (c) no condition exists or event or transaction has occurred with respect to any Pension Plan which might result in the incurrence by the Borrower or any member of the Controlled Group of any liability (other than any liability that relates to the accrual of benefits), fine or penalty and (d) except as disclosed in Schedule IV, neither the Borrower nor any member of the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the twelve-consecutive-month period prior to the Closing Date and prior to the date of any Credit Event hereunder, except as would could not reasonably be expected to have a Material Adverse Effect, (a) no steps have been taken to terminate any Pension Plan, (b) no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien under Section 303(k) of ERISA, (c) no condition exists or event or transaction has occurred with respect to any Pension Plan which might result in the incurrence by the Borrower or any member of the Controlled Group of any liability (other than any liability that relates to the accrual of benefits), fine or penalty and (d) except as disclosed in Schedule IVIII, neither the Borrower nor any member of the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the twelve-consecutive-month period prior to the Closing Effective Date and prior to the date of any Credit Event Borrowing hereunder, except as would not reasonably be expected to have a Material Adverse Effect, (a) no steps have been taken to terminate any Pension Plan, (b) and no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien under Section 303(ksection 302(f) of ERISA, (c) no . No condition exists or event or transaction has occurred with respect to any Pension Plan which might result in the incurrence by the Borrower or any member of the Controlled Group of any liability (other than any liability that relates to the accrual of benefits)material liability, fine or penalty and (d) except penalty. Except as disclosed in ITEM 7.12 ("EMPLOYEE BENEFIT PLANS") of the Disclosure Schedule IVor as otherwise reflected in the Financial Statements of the Borrower and its consolidated Subsidiaries, neither the Borrower nor any member of the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the twelve-consecutive-month period prior to the Closing Date and prior to the date of any Credit Event hereunder, except as would could not reasonably be expected to have a Material Adverse Effect, (a) no steps have been taken to terminate any Pension PlanPlan of such Borrower, (b) no contribution failure has occurred with respect to any Pension Plan of such Borrower sufficient to give rise to a Lien under Section 303(k302(f) of ERISA, (c) no condition exists or event or transaction has occurred with respect to any Pension Plan which might result in the incurrence by the such Borrower or any member of the Controlled Group of any liability (other than any liability that relates to the accrual of benefits)liability, fine or penalty and (d) except as disclosed in Schedule IVIII, neither the such Borrower nor any member of the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the twelve-consecutive-month period prior to the Closing Date date of the execution and delivery of this Agreement and prior to the date of any Credit Event the Borrowing hereunder, except as would not reasonably be expected to have a Material Adverse Effect, (a) no steps have been taken to terminate any Pension Plan, (b) and no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien securing an amount in excess of $1,000,000 under Section 303(ksection 302(f) of ERISA, (c) no . No condition exists or event or transaction has occurred with respect to any Pension Plan which might result in the incurrence by the Guarantor, the Borrower or any member of the Controlled Group of any liability (other than any liability that relates to the accrual of benefits)liability, fine or penalty and (d) except which could reasonably be expected to result in a Material Adverse Effect. Except as disclosed in Schedule IVItem 6.10 of the Disclosure Schedule, neither the Borrower nor any member of the Controlled Group has any contingent liability with respect to any post-retirement postretirement benefit under a Welfare Plan, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the twelve-consecutive-consecutive- ------------------------- month period prior to the Closing Date date of the execution and delivery of this Agreement and prior to the date of any Credit Event Borrowing hereunder, except as would not reasonably be expected to have a Material Adverse Effect, (a) no steps have been taken to terminate any Pension PlanPlan with respect to which the Borrower could be expected to have any material liability, (b) and no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien under Section 303(ksection 302(f) of ERISA, (c) no . No condition exists or event or transaction has occurred with respect to any Pension Plan which might could reasonably be expected to result in the incurrence by the Borrower or any member of the Controlled Group of any liability (other than any liability that relates to the accrual of benefits)material liability, fine or penalty and (d) except penalty. Except as disclosed in Schedule IVItem 6.12 ("Employee Benefit --------- Plans") of the Disclosure Schedule, neither the Borrower nor any member of the Controlled Group has any contingent liability with respect to any post-post- retirement benefit under a Welfare Plan, other than liability for continuation coverage described in Part 6 of Title I of ERISAERISA or similar state laws.

Pension and Welfare Plans. During the twelve-consecutive-month period prior to the Closing Date date of the execution and delivery of this Agreement and prior to the date of any Credit Event the Borrowing hereunder, except as would not reasonably be expected to have a Material Adverse Effect, (a) no steps have been taken to terminate any Pension Plan, (b) and no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien securing an amount in excess of $1,000,000 under Section 303(ksection 302(f) of ERISA, (c) no . No condition exists or event or transaction has occurred with respect to any Pension Plan which might result in the incurrence by the Guarantor, the Borrower or any member of the Controlled Group of any liability (other than any liability that relates to the accrual of benefits)liability, fine or penalty and (d) except which could reasonably be expected to result in a Material Adverse Effect. Except as disclosed in Schedule IVItem 6.10 of the Disclosure Schedule, neither the Borrower Guarantor nor any member of the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the twelve-consecutive-month period prior to the Closing Date and prior to the date of any Credit Event hereunder, except as would not reasonably be expected to have a Material Adverse Effect, (a) no steps have been taken to terminate any Pension Plan, (b) no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien under Section 303(k) of ERISA, (c) no condition exists or event or transaction has occurred with respect to any Pension Plan which might result in the incurrence by the such Borrower or any member of the Controlled Group of any liability (other than any liability that relates to the accrual of benefitsbenefits or premiums payable to the Pension Benefit Guaranty Corporation), fine or penalty and (d) except as disclosed in Schedule IV, neither the such Borrower nor any member of the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan, other than liability for continuation coverage described in Part 6 of Title I of ERISA.