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 Extension 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 might result in the incurrence by the Company or any member of the Controlled Group of any material liability, fine or penalty. Except as disclosed in Item 6.11 of the Disclosure Schedule, neither the Company nor any member of the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan that is subject to ERISA, 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 Sixth Amended and Restated Effective Date and prior to the date of any Credit Extension 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 might reasonably would be expected to result in the incurrence by the Company Borrower or any member of the Controlled Group of any material liability, fine or penalty. Except as disclosed in Item 6.11 of Neither the Disclosure Schedule, neither the Company Borrower nor any member of the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan that is subject to ERISAPlan, 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 Extension hereunderEffective Date, 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 might result in the incurrence by the Company Borrower or any member of the Controlled Group of any material liability, fine or penalty. Except as disclosed in Item 6.11 6.26 ("Employee Benefit Plans") of the Disclosure Schedule, neither the Company Borrower nor any member of the Controlled Group has any contingent liability with respect to any post-retirement health benefit under a Welfare Plan that is subject to ERISAPlan, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the twelveone-consecutive-month year period prior to the Closing Effective Date and prior to the date of any Credit Extension 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 might result in the incurrence by the Company Borrower or any member of the Controlled Group of any material liability, fine or penalty. Except as disclosed in Item 6.11 of the Disclosure Schedule, neither the Company Borrower nor any member of the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan that is subject to ERISAPlan, 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 Extension 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 might result in the incurrence by the Company any Borrower or any member of the Controlled Group of any material liability, fine or penalty. Except as disclosed in Item 6.11 of the Disclosure Schedule, neither none of the Company nor Borrowers or any member of the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan that is subject to ERISAPlan, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the twelve-consecutive-twelve consecutive month period prior to the Closing Effective Date and prior to the date of any Credit Extension 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 might result in the incurrence by the Company Borrower or any member of the Controlled Group of any material liability, fine or penalty. Except as disclosed in Item 6.11 of in the Disclosure Schedule, Schedule neither the Company Borrower nor any member of the Controlled Group has any contingent liability Contingent Liability with respect to any post-retirement benefit under a Welfare Plan that is subject to ERISAPlan, 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 Extension hereunderDate, 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 might result in the incurrence by the Company Holdings, either Borrower or any member of the Controlled Group of any material liability, fine or penalty. Except as disclosed in Item 6.11 of the Disclosure Schedule, neither the Company nor none of Holdings, either Borrower or any member of the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan that is subject to ERISAPlan, 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 Effective Date and prior to the date of any Credit Extension 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 might result in the incurrence by the Company Borrower or any member of the Controlled Group of any material liability, fine or penalty. Except as disclosed in Item 6.11 of the Disclosure Schedule, neither the Company Borrower nor any member of the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan that is subject to ERISAPlan, 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 Fourth Amended and Restated Effective Date and prior to the date of any Credit Extension 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 might reasonably would be expected to result in the incurrence by the Company Borrower or any member of the Controlled Group of any material liability, fine or penalty. Except as disclosed in Item 6.11 of Neither the Disclosure Schedule, neither the Company Borrower nor any member of the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan that is subject to ERISAPlan, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the twelveone-consecutive-month year period prior to the Closing Effective Date and prior to the date of any Credit Extension 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 might result in the incurrence by the Company Borrower or any member of the Controlled Group of any material liability, fine or penalty. Except as disclosed in Item 6.11 of the Disclosure Schedule, neither the Company Borrower nor any member of the Controlled Group has any contingent liability with respect to any post-post- retirement benefit under a Welfare Plan that is subject to ERISAPlan, 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 Extension 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 might result in the incurrence by the Company Parent or any member of the Controlled Group of any material liability, fine or penalty. Except as disclosed in Item 6.11 of the Disclosure Schedule, neither the Company Parent nor any member of the Controlled Group has any contingent liability Contingent Liability with respect to any post-retirement benefit under a Welfare Plan that is subject to ERISAPlan, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the twelve-12 consecutive-month period prior to the Closing Date and prior to the date of any Credit Extension hereunderDate, 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 might result in the incurrence by the Company or any member of the Controlled Group of any material liability, fine or penalty. Except as disclosed in Item 6.11 5.15 ("Employee Benefit Plans") of the Disclosure Schedule, neither the Company nor any of its Subsidiaries nor any member of the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan that is subject to ERISAPlan, 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 Extension 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 might result in the incurrence by the Company Borrower or any member of the Controlled Group of any material liability, fine or penalty. Except as disclosed in Item 6.11 of the Disclosure Schedule, neither the Company Borrower nor any member of the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan that is subject to ERISAPlan, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

Pension and Welfare Plans. During the twelve-twelve- consecutive-month period prior to the Closing Date and prior to the date of any Credit Extension 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 might result in the incurrence by the Company Borrower or any member of the Controlled Group of any material liability, fine or penalty. Except as disclosed in Item 6.11 of the Disclosure Schedule, neither the Company Borrower nor any member of the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan that is subject to ERISAPlan, 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 Extension 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(f302(0) of ERISA. No condition exists or event or transaction has occurred with respect to any Pension Plan which might result in the incurrence by the Company or any member of the Controlled Group of any material liability, fine or penalty. Except as disclosed in Item 6.11 of the Disclosure Schedule, neither the Company nor any member of the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan that is subject to ERISA, other than liability for continuation coverage described in Part 6 of Title I of ERISA.