Common use of Pension and Welfare Plans Clause in Contracts

Pension and Welfare Plans. During the consecutive twelve-month period prior to the date of the execution and delivery of this Agreement and prior to the date of any Borrowing hereunder, no steps have been taken to terminate any Pension 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 would reasonably be expected to result in the incurrence by any Credit Party, any of its Subsidiaries, or any its ERISA Affiliates of any material liability (other than liabilities incurred in the ordinary course of maintaining the Pension Plan), fine or penalty. No Credit Party, nor any of its Subsidiaries, has any contingent liability with respect to any post-retirement benefit under a Welfare Plan which would reasonably be expected to have a Material Adverse Effect, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the consecutive twelve-twelve- month period prior to each date as of which the date of the execution and delivery of this Agreement and prior to the date of any Borrowing hereunderfollowing representations are made or deemed made, no steps have been taken to terminate any Pension 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 ERISA or Section 412 of the Code; no condition exists or event or transaction has occurred with respect to any Pension Plan which would could reasonably be expected to result in the incurrence by any Credit Party, any of its Subsidiaries, EME or any its ERISA Affiliates member of the Controlled Group of any material liability (other than liabilities incurred in the ordinary course of maintaining the Pension Plan), fine or penaltypenalty which could reasonably be expected to have a Material Adverse Effect with respect to it. No Credit Party, Neither EME nor any member of its Subsidiaries, the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan which would could reasonably be expected to have a Material Adverse EffectEffect on EME, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the consecutive twelve-month period prior to the date of the execution and delivery of this Agreement and prior to the date of any Borrowing hereunder, no steps have been taken to terminate any Pension 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 would reasonably be expected to result in the incurrence by any Credit Party, any of its Subsidiaries, the Borrower or any its ERISA Affiliates member of the Controlled Group of any material liability (other than liabilities incurred in the ordinary course of maintaining the Pension Plan), fine or penalty. No Credit Party, Neither the Borrower nor any member of its Subsidiaries, the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan which would reasonably be expected to have a Material Adverse Effect, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the consecutive twelve-month period prior to the date of the execution and delivery of this Agreement and prior to the date of any Borrowing hereunder, no steps have been taken to terminate any Pension 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 would could reasonably be expected to result in the incurrence by any Credit Party, any of its Subsidiaries, the Borrower or any its ERISA Affiliates member of the Controlled Group of any material liability (other than liabilities incurred in the ordinary course of maintaining the Pension Plan), fine or penalty. No Credit Party, Neither the Borrower nor any member of its Subsidiaries, the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan which would could reasonably be expected to have a Material Adverse Effect, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the consecutive twelve-month period prior to the date of the execution and delivery of this Agreement and prior to the date of any Borrowing hereunder, no steps have been taken to terminate any Pension Plan, and no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(fSection 303(k) of ERISA. No condition exists or event or transaction has occurred with respect to any Pension Plan which would reasonably be expected to result in the incurrence by any Credit Party, any of its Subsidiaries, or any its ERISA Affiliates of any material liability (other than liabilities incurred in the ordinary course of maintaining the Pension Plan), fine or penalty. No Credit Party, nor any of its Subsidiaries, has any contingent liability with respect to any post-retirement benefit under a Welfare Plan subject to ERISA which would reasonably be expected to have a Material Adverse Effect, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the consecutive twelve-consecutive-month period prior to the date of the execution and delivery of this Agreement and prior to the date of any Borrowing hereunder, no Reportable Event has occurred, no steps have been taken by the PBGC, the Company or an ERISA Affiliate to terminate or withdraw from any Pension 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. No condition exists or event or transaction has occurred with respect to any Pension Plan which would reasonably be expected to might result in the incurrence by any Credit Party, any of its Subsidiaries, the Company or any its ERISA Affiliates Affiliate of any material liability (other than liabilities incurred in the ordinary course of maintaining the Pension Plan)liability, fine or penalty. No Credit PartyExcept as disclosed in Item 5.13 (“Employee Benefit Plans”) of the Disclosure Schedule, neither the Company nor any of its Subsidiaries, ERISA Affiliate has any contingent liability with respect to any post-retirement benefit under a Welfare Plan which would reasonably be expected to have a Material Adverse EffectPlan, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the consecutive ------------------------- twelve-consecutive-month period prior to the date of the execution and delivery of this Agreement and prior to the date of any Borrowing hereunder, no steps have been taken to terminate any Pension 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. No condition exists or event or transaction has occurred with respect to any Pension Plan which would could reasonably be expected to result in the incurrence by any Credit Party, any of its Subsidiaries, the Borrower or any its ERISA Affiliates member of the Controlled Group of any material liability (other than liabilities incurred in the ordinary course of maintaining the Pension Plan), fine or penalty. No Credit Party, Neither the Borrower nor any member of its Subsidiaries, the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan which would could reasonably be expected to have a Material Adverse Effect, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the consecutive twelve-12 month period prior to the date of the execution and delivery of this Agreement Guarantee and prior to the date of any Borrowing hereunderIssue Date (as defined in the Facility Agreement), no steps have been taken to terminate any Pension 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 would could reasonably be expected to result in the incurrence by any Credit Party, any of its Subsidiaries, the Guarantor or any its ERISA Affiliates member of the Controlled Group of any material liability (other than liabilities incurred in the ordinary course of maintaining the Pension Plan), fine or penalty. No Credit Party, Neither the Guarantor nor any member of its Subsidiaries, the Controlled Group has any contingent liability with respect to any post-post- retirement benefit under a Welfare Plan which would could reasonably be expected to have a Material Adverse Effect, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the consecutive twelve-month period prior to the date of the execution and delivery of this Agreement and prior to the date of any Borrowing hereunder, no steps have been taken to terminate any Pension 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 would reasonably be expected to result in the incurrence by any Credit PartyObligor, any of its Subsidiaries, or any its ERISA Affiliates of any material liability (other than liabilities incurred in the ordinary course of maintaining the Pension Plan), fine or penalty. No Credit PartyObligor, nor any of its Subsidiaries, has any contingent liability with respect to any post-retirement benefit under a Welfare Plan which would reasonably be expected to have a Material Adverse Effect, other than liability for continuation coverage described in Part 6 of Title I of ERISA.. Table of Contents

Pension and Welfare Plans. During the consecutive ------------------------- twelve-month period prior to the date of the execution and delivery of this Agreement and prior to the date of any Borrowing hereunder, no steps have been taken to terminate any Pension 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 would could reasonably be expected to result in the incurrence by any Credit Party, any of its Subsidiaries, the Borrower or any its ERISA Affiliates member of the Controlled Group of any material liability (other than liabilities incurred in the ordinary course of maintaining the Pension Plan), fine or penalty. No Credit Party, Neither the Borrower nor any member of its Subsidiaries, the Controlled Group has any contingent liability with respect to any post-post- retirement benefit under a Welfare Plan which would could reasonably be expected to have a Material Adverse Effect, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the consecutive twelvetwelve ------------------------- -consecutive-month period prior to the date of the execution and delivery of this Agreement and prior to the date of any Borrowing Credit Extension hereunder, no steps have been taken to terminate any Pension PlanPlan which could reasonably be expected to result in the incurrence by the Borrower 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 section 302(f) of ERISA. No condition exists or event or transaction has occurred with respect to any Pension Plan which would could reasonably be expected to result in the incurrence by any Credit Party, any of its Subsidiaries, or any its ERISA Affiliates the Borrower of any material liability (other than liabilities incurred in the ordinary course of maintaining the Pension Plan)liability, fine or penalty. No Credit PartyExcept as disclosed in Item 6.11 ("Employee Benefit Plans") of the Disclosure Schedule, nor any of its Subsidiaries, has the Borrower does not have any contingent liability with respect to any post-retirement medical benefit under a Welfare Plan which would reasonably be expected to have a Material Adverse EffectPlan, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the consecutive twelve-consecutive-month period prior to the date of the execution and delivery of this Agreement and prior to the date of any Borrowing hereunder, no Reportable Event has occurred, no steps have been taken by the PBGC, the Company or an ERISA Affiliate to terminate or withdraw from any Pension 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. No condition exists or event or transaction has occurred with respect to any Pension Plan which would reasonably be expected to might result in the incurrence by any Credit Party, any of its Subsidiaries, the Company or any its ERISA Affiliates Affiliate of any material liability (other than liabilities incurred in the ordinary course of maintaining the Pension Plan)liability, fine or penalty. No Credit PartyExcept as disclosed in Item 6.13 ("Employee Benefit Plans") of the Disclosure Schedule, neither the Company nor any of its Subsidiaries, ERISA Affiliate has any contingent liability with respect to any post-retirement benefit under a Welfare Plan which would reasonably be expected to have a Material Adverse EffectPlan, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the consecutive twelve-month period prior to the date of the execution and delivery of this Agreement and prior to the date of any Borrowing Utilisation hereunder, no steps have been taken to terminate any Pension 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 would reasonably be expected to result in the incurrence by any Credit PartyObligor, any of its Subsidiaries, or any its ERISA Affiliates of any material liability (other than liabilities incurred in the ordinary course of maintaining the Pension Plan), fine or penalty. No Credit PartyObligor, nor any of its Subsidiaries, has any contingent liability with respect to any post-retirement benefit under a Welfare Plan which would reasonably be expected to have a Material Adverse Effect, other than liability for continuation coverage described in Part 6 of Title I of ERISA.