Common use of Pension Plans; Labor Matters Clause in Contracts

Pension Plans; Labor Matters. (i) No Credit Party nor any ERISA Affiliate has ever maintained or contributed to (or had an obligation to contribute to) any ERISA Plan. Each Non-U.S. Pension Plan, if any, has been maintained in substantial compliance with its terms and with the requirements of Applicable Law, and has been maintained, where required, in good standing with applicable Governmental Authorities. No Credit Party has incurred any obligation in connection with the termination of or withdrawal from any Non-U.S. Pension Plan. The present value of the accrued benefit liabilities (whether or not vested) under each Non-U.S. Pension Plan, if any, determined as of the end of the Credit Parties’ most recently-ended Fiscal Year on the basis of actuarial assumptions, each of which is reasonable, did not exceed the current value of the assets of such Non-U.S. Pension Plan allocable to such benefit liabilities. (ii) All obligations of the Borrower and its Subsidiaries for payments with respect to any mandatory and additional employee benefit plans (including to the Instituto Mexicano del Seguro Social (Mexican Social Security Institute) and Instituto del Fondo Nacional para la Vivienda de los Trabajadores (National Worker’s Housing Fund Institute)) and accrued payroll tax payments for their respective employees have been timely paid and properly reported in the Financial Statements required to be delivered hereunder except where the failure to make such payments, individually or in the aggregate, has not resulted in, and could not reasonably be expected to result in, a Material Adverse Change or create any Lien (other than Permitted Liens). (iii) The Borrower and its Subsidiaries have complied in all material respects with all Applicable Laws with respect to employment practices, including applicable health and safety regulations, and there is no charge or complaint alleging any material violation of any such Applicable Law against the Borrower or any Subsidiary pending or, to the Credit Parties’ knowledge, threatened (including by or before any federal or local labor board, any tribunal or the Comisión Nacional del Sistema de Ahorro para el Retiro (National Savings and Retirement System Commission)) other than non-compliance or violation that, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Change. (iv) There is no labor strike, request for representation, slowdown or stoppage actually pending or, to the Credit Parties’ knowledge, threatened against or affecting any of the Borrower and its Subsidiaries that, individually or in the aggregate, has resulted in, or could reasonably be expected to result in, a Material Adverse Change. (v) The Borrower and each Subsidiary has filed all forms, reports, statements, provider agreements, benefit plan descriptions, payor agreements, beneficiary materials and other documents (including those related to employee benefit plans) required to be filed by it with any Governmental Authority, including state and federal insurance and health regulatory authorities, except where the failure to file, individually or in the aggregate, has not resulted in, and could not reasonably be expected to result in, a Material Adverse Change.

Pension Plans; Labor Matters. (i) No Credit Party nor any ERISA Affiliate has ever maintained or contributed to (or had an obligation to contribute to) any ERISA Plan. Each Non-U.S. Pension Plan, if any, has been maintained in substantial compliance with its terms and with the requirements of Applicable Law, and has been maintained, where required, in good standing with applicable Governmental Authorities. No Credit Party has incurred any obligation in connection with the termination of or withdrawal from any Non-U.S. Pension Plan. The present value of the accrued benefit liabilities (whether or not vested) under each Non-U.S. Pension Plan, if any, determined as of the end of the Credit Parties’ most recently-recently- ended Fiscal Year on the basis of actuarial assumptions, each of which is reasonable, did not exceed the current value of the assets of such Non-U.S. Pension Plan allocable to such benefit liabilities. (ii) All obligations of the Borrower and its Subsidiaries for payments with respect to any mandatory and additional employee benefit plans (including to the Instituto Mexicano del Seguro Social (Mexican Social Security Institute) and Instituto del Fondo Nacional para la Vivienda de los Trabajadores (National Worker’s Housing Fund Institute)) and accrued payroll tax payments for their respective employees have been timely paid and properly reported in the Financial Statements required to be delivered hereunder except where the failure to make such payments, individually or in the aggregate, has not resulted in, and could not reasonably be expected to result in, a Material Adverse Change or create any Lien (other than Permitted Liens). (iii) The Borrower and its Subsidiaries have complied in all material respects with all Applicable Laws with respect to employment practices, including applicable health and safety regulations, and there is no charge or complaint alleging any material violation of any such Applicable Law against the Borrower or any Subsidiary pending or, to the Credit Parties’ knowledge, threatened (including by or before any federal or local labor board, any tribunal or the Comisión Nacional del Sistema de Ahorro para el Retiro (National Savings and Retirement System Commission)) other than non-compliance or violation that, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Change. (iv) There is no labor strike, request for representation, slowdown or stoppage actually pending or, to the Credit Parties’ knowledge, threatened against or affecting any of the Borrower and its Subsidiaries that, individually or in the aggregate, has resulted in, or could reasonably be expected to result in, a Material Adverse Change. (v) The Borrower and each Subsidiary has filed all forms, reports, statements, provider agreements, benefit plan descriptions, payor agreements, beneficiary materials and other documents (including those related to employee benefit plans) required to be filed by it with any Governmental Authority, including state and federal insurance and health regulatory authorities, except where the failure to file, individually or in the aggregate, has not resulted in, and could not reasonably be expected to result in, a Material Adverse Change.