Pension and Welfare Plans. During the twelve-consecutive-month period prior to the date of the execution and delivery of this Agreement and prior to the Amendment Effective Date, no steps have been taken to terminate any Pension Plan (other than pursuant to a "standard termination" in accordance with section 4041(B) of ERISA), and no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien under section 302(f) of ERISA. No condition exists or event or transaction has occurred with respect to any Pension Plan which could reasonably be expected to result in the incurrence by Holdings or any member of the Controlled Group of any material liability, fine or penalty. Except as disclosed in Item 6.11 ("Employee Benefit Plans") of the Disclosure Schedule, neither Holdings 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.
Appears in 4 contracts
Samples: Credit Agreement (Dri I Inc), Credit Agreement (Dri I Inc), Credit Agreement (Duane Reade Realty Inc)
Pension and Welfare Plans. During the twelve-consecutive-month period prior to the date of the execution and delivery of this Agreement and prior to the Amendment Effective Datedate of any Borrowing hereunder, no steps have been taken to terminate any Pension Plan (other than pursuant to a "standard termination" in accordance with section 4041(B) of ERISA)Plan, 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 302(f) of ERISA. No condition exists or event or transaction has occurred with respect to any Pension Plan which could reasonably be expected to might result in the incurrence by Holdings the Borrower or any member of the Controlled Group of any material liability, fine or penaltypenalty which could reasonably be expected to result in a Material Adverse Effect. Except as disclosed in Item 6.11 6.10 ("“Employee Benefit Plans"”) of the Disclosure Schedule, neither Holdings 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.
Appears in 4 contracts
Samples: Credit Agreement (Noble Energy Inc), 364 Day Credit Agreement (Noble Energy Inc), Credit Agreement (Noble Energy Inc)
Pension and Welfare Plans. During the twelve-consecutive-month period prior to the date of the execution and delivery of this Agreement and prior to the Amendment Effective Datedate of any Credit Extension hereunder, no steps have been taken to terminate any Pension Plan (other than pursuant to a "standard termination" in accordance with section 4041(B) of ERISA)Plan, and no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien under section Section 302(f) of ERISA, that could (individually or in the aggregate) reasonably be expected to have a Material Adverse Effect. No condition exists or event or transaction has occurred with respect to any Pension Plan which could reasonably be expected to result in the incurrence by Holdings the Borrower or any member of the Controlled Group of any material liability, fine or penalty, that could (individually or in the aggregate) reasonably be expected to have a Material Adverse Effect. Except as disclosed in Item 6.11 ("Employee Benefit Plans") of Neither the Disclosure Schedule, neither Holdings 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 Subtitle B of Title I of ERISA, which could reasonably be expected to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Global Power Equipment Group Inc/), Assignment, Amendment and Restatement Agreement (Global Power Equipment Group Inc/)
Pension and Welfare Plans. During the twelve-consecutive-month period prior to the date of the execution and delivery of this Agreement and prior to the Amendment Effective Datedate of any Borrowing hereunder, no steps have been taken by the PBGC to terminate any Pension Plan (other than pursuant to a "standard termination" in accordance with section 4041(B) of ERISA)Plan, and no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien under section 302(f) of ERISA. No condition exists or event or transaction has occurred with respect to any Pension Plan which could reasonably be expected to might result in the incurrence by Holdings the Parent or any member of the Controlled Group of any material liability, fine or penalty. Except as disclosed in Item 6.11 6.12 ("Employee Benefit Plans") of the Disclosure Schedule, neither Holdings the Parent nor any member of the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare PlanPlan that has or could reasonably be expected to have a Materially Adverse Effect, other than liability for continuation coverage described in Part 6 of Title I of ERISA.
Appears in 2 contracts
Samples: Credit Agreement (Bergen Brunswig Corp), Credit Agreement (Bergen Brunswig Corp)
Pension and Welfare Plans. During the twelve-consecutive-month period prior to the date of the execution and delivery of this Agreement and prior to the Amendment Effective Datedate of any Borrowing hereunder, no steps have been taken to terminate any Pension Plan (other than pursuant to a "standard termination" in accordance with section 4041(B) of ERISA)Plan, and no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien under section 302(f) of ERISAERISA in an aggregate amount not to exceed $5,000,000. No condition exists or event or transaction has occurred with respect to any Pension Plan which could reasonably be expected to might result in the incurrence by Holdings the Borrower or any member of the Controlled Group of any material liability, fine or penaltypenalty in an aggregate amount not to exceed $5,000,000. Except as disclosed in Item 6.11 ("Employee Benefit Plans") of the Disclosure Schedule, neither Holdings 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 ERISAERISA in excess of $5,000,000 in the aggregate.
Appears in 2 contracts
Samples: Credit Agreement (W-H Energy Services Inc), Credit Agreement (W-H Energy Services Inc)
Pension and Welfare Plans. During Except as disclosed in Item 6.11 ("Employee Benefit Plans") of the Disclosure Schedule, during the twelve-consecutive-month period prior to the date of the execution and delivery of this Agreement and prior to the Amendment Effective DateAgreement, no steps have been taken to terminate any Pension Plan (other than pursuant to a "standard termination" in accordance with section 4041(B) of ERISA)Plan, and no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien under section 302(f) of ERISA. No condition exists or event or transaction has occurred with respect to any Pension Plan which could reasonably be expected to might result in the incurrence by Holdings the Borrower or any member of the Controlled Group of any material liability, fine or penaltypenalty which could reasonably be expected to have a Material Adverse Effect. Except as disclosed in Item 6.11 ("Employee Benefit Plans") of the Disclosure Schedule, neither Holdings the Borrower nor any member of the Controlled Group has any contingent liability with respect to any post-retirement benefit medical benefits under a Welfare Plan, other than liability for continuation coverage described in Part 6 of Subtitle B of Title I of ERISAERISA or other applicable continuation of coverage laws which could reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Nextel Partners Inc), Credit Agreement (Nextel Partners Inc)
Pension and Welfare Plans. During the twelve-consecutive-month period prior to the date of the execution and delivery of this Agreement and prior to the Amendment Effective Datedate of any Borrowing hereunder, no steps have been taken to terminate any Pension Plan (other than pursuant to a "standard termination" in accordance with section 4041(B) of ERISA)Plan, and no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien under section 302(f) of ERISA, in either case which would reasonably be expected to cause a Material Adverse Effect. No condition exists or event or transaction has occurred with respect to any Pension Plan which could reasonably be expected to might result in the incurrence by Holdings the Borrower or any member of the Controlled Group of any material liability, fine or penaltypenalty which would reasonably be expected to cause a Material Adverse Effect. Except As of the Effective Date, except as disclosed in Item 6.11 6.10 ("“Employee Benefit Plans"”) of the Disclosure Schedule, neither Holdings 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.
Appears in 2 contracts
Samples: Credit Agreement (Noble Energy Inc), Credit Agreement (Noble Energy Inc)
Pension and Welfare Plans. During the twelve-consecutive-month period prior to the date of the execution and delivery of this Agreement and prior to the Amendment Effective Datedate of any Borrowing hereunder, no steps have been taken to terminate any Pension Plan (other than pursuant to a "standard termination" in accordance with section 4041(B) of ERISA)Plan, 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 302(f) of ERISA. No condition exists or event or transaction has occurred with respect to any Pension Plan which could reasonably be expected to might result in the incurrence by Holdings the Borrower or any member of the Controlled Group of any material liability, fine or penaltypenalty which could reasonably be expected to result in a Material Adverse Effect. Except as disclosed in Item 6.11 ITEM 6.10 ("Employee Benefit Plans") of the Disclosure Schedule, neither Holdings 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.
Appears in 2 contracts
Samples: Credit Agreement (Noble Affiliates Inc), 364 Day Credit Agreement (Noble Affiliates Inc)
Pension and Welfare Plans. During Except as disclosed in Item 6.11 ("Employee Benefit Plans") of the Disclosure Schedule, during the twelve-consecutive-month period prior to the date of the execution and delivery of this Agreement and prior to the Amendment Effective DateAgreement, no steps have been taken to terminate any Pension Plan (other than pursuant to a "standard termination" in accordance with section 4041(B) of ERISA)Plan, and no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien under section 302(f) of ERISA. No condition exists or event or transaction has occurred with respect to any Pension Plan which could reasonably be expected to might result in the incurrence by Holdings any Borrower or any member of the Controlled Group of any material liability, fine or penaltypenalty which could reasonably be expected to have a Material Adverse Effect. Except as disclosed in Item 6.11 ("Employee Benefit Plans") of the Disclosure Schedule, neither Holdings the Borrowers nor any member of the Controlled Group has any contingent liability with respect to any post-retirement benefit medical benefits under a Welfare Plan, other than liability for continuation coverage described in Part 6 of Subtitle B of Title I of ERISAERISA or other applicable continuation of coverage laws.
Appears in 2 contracts
Samples: Credit Agreement (Triarc Companies Inc), Credit Agreement (Triarc Companies Inc)
Pension and Welfare Plans. During the twelve-consecutive-month period prior to the date of the execution and delivery of this Agreement and prior to the Amendment Effective Datedate of any Borrowing hereunder, no steps have been taken to terminate any Pension Plan (other than pursuant to a "standard termination" in accordance with section 4041(B) of ERISA)Plan, and no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien under section 302(f) of ERISA. No condition exists or event or transaction has occurred with respect to any Pension Plan which could reasonably be expected to result in the incurrence by Holdings any of the Loan Parties or any member of the Controlled Group of any material liability, fine or penalty. Except as disclosed in Item 6.11 ("Employee Benefit Plans") of the Disclosure Schedule, neither Holdings none of the Loan Parties 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 ERISAERISA or in other applicable law.
Appears in 1 contract
Pension and Welfare Plans. During the twelve-consecutive-month period prior to the date of the execution and delivery of this Agreement and prior to the Amendment Effective Closing Date, no steps have been taken to terminate any Pension Plan (other than pursuant to a "standard termination" in accordance with section 4041(B) of ERISA), and no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien under section 302(f) of ERISA. No condition exists or event or transaction has occurred with respect to any Pension Plan which could reasonably be expected to result in the incurrence by Holdings the Borrower or any member of the Controlled Group of any material liability, fine or penalty. Except as disclosed in Item 6.11 ("Employee Benefit Plans") of the Disclosure Schedule, neither Holdings 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.
Appears in 1 contract
Samples: Credit Agreement (Duane Reade Inc)
Pension and Welfare Plans. During the twelve-twelve- consecutive-month period prior to the date of the execution and delivery of this the Credit Agreement and prior to the Amendment Effective Datedate of any Credit Extension thereunder, no steps have been taken to terminate any Pension Plan (other than pursuant to a "standard termination" which termination could result in accordance with section 4041(B) the incurrence by ADT Limited or any member of ERISA)the Controlled Group of any material liability, and no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien under section 302(f) of ERISA. No condition exists or event or transaction has occurred with respect to any Pension Plan which could reasonably be expected to might result in the incurrence by Holdings ADT Limited or any member of the Controlled Group of any material liability, fine or penalty. Except as disclosed in Item 6.11 3.11 ("Employee Benefit Plans") of the Disclosure Schedule, neither Holdings ADT Limited nor any member of the Controlled Group has any material 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.
Appears in 1 contract
Samples: Credit Agreement (Adt Limited)
Pension and Welfare Plans. During the twelve-consecutive-month period prior to the date of the execution and delivery of this Agreement and prior to the Amendment Effective Datedate of any Borrowing hereunder, no steps have been taken to terminate any Pension Plan (other than pursuant to a "standard termination" in accordance with section 4041(B) of ERISA)Plan, and no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien under section 302(f) of ERISA. No condition exists or event or transaction has occurred with respect to any Pension Plan which could has, or is reasonably be expected likely to result in have, a material adverse effect on the incurrence by Holdings condition (financial or any member otherwise), business, operations, assets or properties of the Controlled Group of any material liability, fine or penaltyBorrower and the Restricted Subsidiaries (taken as a whole). Except as disclosed in Item 6.11 7.11 ("Employee Benefit Plans") of the Disclosure Schedule, neither Holdings Schedule no 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.
Appears in 1 contract
Samples: Refunding Credit Agreement (Cornerstone Propane Partners Lp)
Pension and Welfare Plans. During the twelve-consecutive-month period prior to the date of the execution and delivery of this Agreement and prior to the Amendment Effective Date, no steps have been taken to terminate any Pension Plan (other than pursuant to a "standard termination" in accordance with section 4041(B) of ERISA), and no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien under section 302(f) of ERISA. No condition exists or event or transaction has occurred with respect to any Pension Plan which could reasonably be expected to result in the incurrence by Holdings or any member of the Controlled Group of any material liability, fine or penalty. Except as disclosed in Item ITEM 6.11 ("Employee Benefit Plans") of the Disclosure Schedule, neither Holdings 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.
Appears in 1 contract
Samples: Credit Agreement (Duane Reade Inc)