Pension Benefits, etc. If Borrower fails to comply with ERISA so that proceedings are commenced to appoint a trustee under ERISA to administer Borrower’s employee plans or the PBGC institutes proceedings to appoint a trustee to administer such plan(s), or a Lien is entered to secure any deficiency or claim or a “reportable event” as defined under ERISA occurs; or
Appears in 5 contracts
Samples: Loan Documents (Newtek Business Services Corp.), Loan and Security Agreement (Newtek Business Services, Inc.), Loan and Security Agreement (Newtek Business Services, Inc.)
Pension Benefits, etc. If if Borrower fails to comply with ERISA so that proceedings are commenced to appoint a trustee under ERISA to administer Borrower’s 's employee plans or the PBGC institutes proceedings to appoint a trustee to administer such plan(s), or a Lien is entered to secure any deficiency or claim or a “"reportable event” " as defined under ERISA occurs; or
Appears in 5 contracts
Samples: Loan Agreement (Lightpath Technologies Inc), Loan and Security Agreement (WPCS International Inc), Loan and Security Agreement (Empire Resorts Inc)
Pension Benefits, etc. If if Borrower fails to comply with ERISA so that proceedings are commenced to appoint a trustee under ERISA to administer Borrower’s employee plans or the PBGC institutes proceedings to appoint a trustee to administer such plan(s), or a Lien is entered to secure any deficiency or claim or a “reportable event” as defined under ERISA occurs; or
Appears in 4 contracts
Samples: Loan and Security Agreement (KeyStone Solutions, Inc.), Loan and Security Agreement ('Mktg, Inc.'), Loan and Security Agreement (Colony Rih Holdings Inc)
Pension Benefits, etc. If if Borrower or any Subsidiary Guarantor fails to comply with ERISA so that proceedings are commenced to appoint a trustee under ERISA to administer Borrower’s or any Subsidiary Guarantor’s employee plans or the PBGC institutes proceedings to appoint a trustee to administer such plan(s), or a Lien is entered to secure any deficiency or claim or a “reportable event” as defined under ERISA occurs; or
Appears in 3 contracts
Samples: Loan and Security Agreement (Resource America, Inc.), Loan and Security Agreement (Alesco Financial Inc), Loan and Security Agreement (Alesco Financial Inc)
Pension Benefits, etc. If if Borrower fails to comply with ERISA ERISA, so that proceedings are commenced to appoint a trustee under ERISA to administer Borrower’s 's employee plans or the PBGC Pension Benefit Guaranty Corporation institutes proceedings to appoint a trustee to administer such plan(s), or to permit the entry of a Lien is entered to secure any deficiency or claim or a “reportable event” as defined under ERISA occurs; or
Appears in 1 contract
Pension Benefits, etc. If if Borrower fails to comply with ERISA so that proceedings are commenced to appoint a trustee under ERISA to administer Borrower’s employee plans or the PBGC institutes proceedings to appoint a trustee to administer such plan(s), or a Lien is entered to secure any deficiency or claim or a “reportable event” as defined under ERISA occurs, which reportable event has had, or is reasonably likely to have, a Material Adverse Effect; or
Appears in 1 contract
Samples: Revolving Loan Agreement (Harris & Harris Group Inc /Ny/)
Pension Benefits, etc. If if a Borrower fails to comply with ERISA so that proceedings are commenced to appoint a trustee under ERISA to administer such Borrower’s employee plans or the PBGC institutes proceedings to appoint a trustee to administer such plan(s), or a Lien is entered to secure any deficiency or claim or a “reportable event” as defined under ERISA occurs; or
Appears in 1 contract
Samples: Loan and Security Agreement (Newtek Business Services Inc)
Pension Benefits, etc. If if Borrower fails to comply with ERISA so that proceedings are commenced to appoint a trustee under ERISA to administer BorrowerXxxxxxxx’s employee plans or the PBGC institutes proceedings to appoint a trustee to administer such plan(s), or a Lien is entered to secure any deficiency or claim or a “reportable event” as defined under ERISA occurs; oror
Appears in 1 contract
Samples: Loan and Security Agreement (Western Acquisition Ventures Corp.)
Pension Benefits, etc. If if any Borrower fails to comply with ERISA so that proceedings are commenced to appoint a trustee under ERISA to administer such Borrower’s 's employee plans or the PBGC institutes proceedings to appoint a trustee to administer such plan(s), or a Lien is entered to secure any deficiency or claim or a “"reportable event” " as defined under ERISA occurs; or
Appears in 1 contract
Pension Benefits, etc. If Borrower fails to comply with ERISA so that proceedings are commenced to appoint a trustee under ERISA to administer Borrower’s employee plans or the PBGC institutes proceedings to appoint a trustee to administer such plan(s), or a Lien is entered to secure any deficiency or claim or a “reportable event” as defined under ERISA occurs; oror (r)
Appears in 1 contract
Samples: Loan and Security Agreement (Newtek Business Services Corp.)
Pension Benefits, etc. If if Borrower fails to comply with ERISA so that proceedings are commenced to appoint a trustee under ERISA to administer BorrowerXxxxxxxx’s employee plans or the PBGC institutes proceedings to appoint a trustee to administer such plan(s), or a Lien is entered to secure any deficiency or claim or a “reportable event” as defined under ERISA occurs; or
Appears in 1 contract
Pension Benefits, etc. If Borrower fails to comply with ERISA so that proceedings are commenced to appoint a trustee under ERISA to administer Borrower’s employee plans or the PBGC institutes proceedings to appoint a trustee to administer such plan(s), or a Lien is entered to secure any deficiency or claim or a “reportable event” as defined under ERISA occurs; oror (r) Asset
Appears in 1 contract
Samples: Loan and Security Agreement (Newtek Business Services Corp.)
Pension Benefits, etc. If if Borrower or any Subsidiary Guarantor fails to comply with ERISA so that proceedings are commenced to appoint a trustee under ERISA to administer Borrower’s 's or any Subsidiary Guarantor's employee plans or the PBGC institutes proceedings to appoint a trustee to administer such plan(s), or a Lien is entered to secure any deficiency or claim or a “"reportable event” " as defined under ERISA occurs; or
Appears in 1 contract
Pension Benefits, etc. If if Borrower fails to comply with ERISA so that proceedings are commenced to appoint a trustee under ERISA to administer Borrower’s employee plans Pension Plans or the PBGC institutes proceedings to appoint a trustee to administer such plan(s), or a Lien is entered to secure any deficiency or claim or a “reportable event” as defined under ERISA occurs; or
Appears in 1 contract
Samples: Loan and Security Agreement (Point Therapeutics Inc)
Pension Benefits, etc. If if Borrower or a Guarantor fails to comply with ERISA so that proceedings are commenced to appoint a trustee under ERISA to administer Borrower’s 's employee plans or the PBGC institutes proceedings to appoint a trustee to administer such plan(s), or a Lien is entered to secure any deficiency or claim or a “"reportable event” " as defined under ERISA occurs; or
Appears in 1 contract
Samples: Loan and Security Agreement (Lakeland Industries Inc)