Common use of Pension Funding Clause in Contracts

Pension Funding. Comply with the following and cause each ERISA Affiliate of the Co-Borrowers or any Guarantor to comply with the following: (i) engage solely in transactions which would not subject any of such entities to either a civil penalty assessed pursuant to Section 502 (i) of ERISA or a tax imposed by Section 4975 of the Internal Revenue Code in either case in an amount in excess of $25,000; (ii) make full payment when due of all amounts which, under the provisions of any Plan or ERISA, such Co-Borrower, Guarantor or ERISA Affiliate of any of same is required to pay as contributions thereto; (iii) all applicable provisions of the Internal Revenue Code and the regulations promulgated thereunder, including but not limited to Section 412 thereof, and all applicable rules, regulations and interpretations of the Accounting Principles Board and the Financial Accounting Standards Board; (iv) not fail to make any payments in an aggregate amount greater than $25,000 to any Multiemployer Plan that such Co-Borrower, Guarantor or any ERISA Affiliate may be required to make under any agreement relating to such Multiemployer Plan, or any law pertaining thereto; or (v) not take any action regarding any Plan which could result in the occurrence of a Prohibited Transaction.

Pension Funding. Comply with the following and cause each ERISA Affiliate of the Co-Borrowers or any Guarantor to comply with the following: (i) engage solely in transactions which would not subject any of such entities to either a civil penalty assessed pursuant to Section 502 (i) of ERISA or a tax imposed by Section 4975 of the Internal Revenue Code in either case in an amount in excess of $25,000; (ii) make full payment when due of all amounts which, under the provisions of any Plan or ERISA, such Co-Borrower, Guarantor or ERISA Affiliate of any of same is required to pay as contributions thereto; (iii) all applicable provisions of the Internal Revenue Code and the regulations promulgated thereunder, including but not limited to Section 412 thereof, and all applicable rules, regulations and interpretations of the Accounting Principles Board and the Financial Accounting Standards Board; (iv) not fail to make any payments in an aggregate amount greater than $25,000 to any Multiemployer Plan that such Co-Borrower, Guarantor or any ERISA Affiliate may be required to make under any agreement relating to such Multiemployer Plan, or any law pertaining thereto; or (v) not take any action regarding any Plan which could result in the occurrence of a Prohibited Transaction. S10. Dissolution of C&C Enterprises, Inc. Cause to be dissolved, within 90 days of the date hereof, C&C Enterprises, Inc., and furnish a certified copy of the certificate of dissolution to the Agent.