Common use of Pension Plans Clause in Contracts

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,000.

Appears in 5 contracts

Samples: Term Loan Credit Agreement (Falconstor Software Inc), Term Loan Credit Agreement (Falconstor Software Inc), Term Loan Credit Agreement (Qumu Corp)

AutoNDA by SimpleDocs

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower the Company or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,000500,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; , or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower the Company or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,000500,000.

Appears in 4 contracts

Samples: Credit Agreement (Continental Materials Corp), Credit Agreement, Credit Agreement (Continental Materials Corp)

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower the Company or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,000250,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; , or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower the Company or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,000250,000.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Winmark Corp), Credit Agreement (World Fuel Services Corp), Credit Agreement (World Fuel Services Corp)

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower the Company or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,0005,000,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; , or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower the Company or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,0005,000,000.

Appears in 3 contracts

Samples: Credit Agreement (Option Care Inc/De), Credit Agreement (Proquest Co), Credit Agreement (Proquest Co)

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower the Company or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,0002,500,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; , or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower the Company or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,0002,500,000.

Appears in 3 contracts

Samples: Credit Agreement (Celadon Group Inc), Credit Agreement (KapStone Paper & Packaging CORP), Credit Agreement (Ennis, Inc.)

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,00010,000,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; , or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,00010,000,000.

Appears in 3 contracts

Samples: Credit Agreement (Primoris Services Corp), Credit Agreement (Primoris Services Corp), Credit Agreement (Primoris Services Corp)

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower the Company or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; , or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower the Company or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,000.

Appears in 3 contracts

Samples: Credit Agreement (MPW Industrial Services Group Inc), Credit Agreement (Wells Mid-Horizon Value-Added Fund I LLC), Credit Agreement (Meadowbrook Insurance Group Inc)

Pension Plans. (ai) Any Institution of any steps by the Company or any other Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower or any member of the Controlled Group Company could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan or Foreign Employee Benefit Plan, in excess of $100,00010,000,000 (or the Dollar Equivalent thereof if denominated in a currency other than Dollars); (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; or (diii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any member of the Company and the Controlled Group have incurred on the date of such withdrawal) exceeds $100,00010,000,000.

Appears in 2 contracts

Samples: Credit Agreement (Penske Automotive Group, Inc.), Credit Agreement (United Auto Group Inc)

Pension Plans. (ai) Any Institution of any steps by any Borrower or any other Person institutes steps to terminate a Pension Plan if as a result of such termination any Borrower is required to or any member of the Controlled Group could reasonably be expected to be required to make a contribution to such Pension Plan, or incurs or could reasonably be expected to incur a liability or obligation to such Pension Plan, in excess of $100,000250,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; or (diii) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any member of the Borrowers and the Controlled Group have incurred on the date of such withdrawal) exceeds $100,000250,000.

Appears in 2 contracts

Samples: Credit Agreement (Thane International Inc), Credit Agreement (Thane International Inc)

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower the Company or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,000500,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower the Company or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,000500,000.

Appears in 2 contracts

Samples: Credit Agreement (Lecg Corp), Credit Agreement (Lecg Corp)

Pension Plans. (ai) Any Person institutes steps to terminate a Pension Plan if as a result of such termination the Borrower or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,0005,000,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (ciii) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; , or (div) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that the Borrower or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,000.5,000,000; or

Appears in 2 contracts

Samples: Credit Agreement (Kapstone Paper & Packaging Corp), Credit Agreement (Kapstone Paper & Packaging Corp)

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower or any member Subsidiary of the Controlled Group Borrower could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,0005,000,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f303(k) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; , or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability of the Borrower or any Subsidiary of the Borrower (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any member Subsidiary of the Controlled Group have Borrower has incurred on the date of such withdrawal) exceeds $100,0005,000,000 (in the aggregate).

Appears in 2 contracts

Samples: Loan and Security Agreement (Kinsale Capital Group, Inc.), Loan and Security Agreement (Kinsale Capital Group, Inc.)

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower the Company or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,0003,500,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; , or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower the Company or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,0003,500,000.

Appears in 1 contract

Samples: Credit Agreement (Ennis, Inc.)

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower the Company or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,000250,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower the Company or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,000250,000.

Appears in 1 contract

Samples: Credit Agreement (Winmark Corp)

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower the Company or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,0001,000,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; , or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower the Company or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,0001,000,000.

Appears in 1 contract

Samples: Credit Agreement (Fresh Brands Inc)

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower the Company or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,000200,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; , or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower the Company or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,000500,000.

Appears in 1 contract

Samples: Credit Agreement (Ptek Holdings Inc)

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower the Company or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; , or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower the Company or LSV or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,000.

Appears in 1 contract

Samples: Guaranty and Collateral Agreement (Sei Investments Co)

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower either Company or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,000150,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; , or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower either Company or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,000150,000.

Appears in 1 contract

Samples: Credit Agreement (Akorn Inc)

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,000250,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; , or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,000250,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Mattersight Corp)

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination the Borrower or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,000100,000.00; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; , or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that the Borrower or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,000100,000.00.

Appears in 1 contract

Samples: Credit Agreement (Janel Corp)

Pension Plans. (a) Any Person institutes steps to terminate ------------- a Pension Plan if as a result of such termination Borrower any Loan Party or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,0001,000,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; , or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower any Loan Party or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,0001,000,000.

Appears in 1 contract

Samples: Credit Agreement (Kv Pharmaceutical Co /De/)

AutoNDA by SimpleDocs

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower the Company or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,000100,000.00; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; , or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower the Company or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,000100,000.00.

Appears in 1 contract

Samples: Credit Agreement (General Finance CORP)

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower any Loan Party or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,000; 500,000 (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; , or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower any Loan Party or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,000500,000.

Appears in 1 contract

Samples: Credit Agreement (Westell Technologies Inc)

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower any Loan Party or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,000; 250,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; ; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; or , or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower any Loan Party or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,000250,000.

Appears in 1 contract

Samples: Credit Agreement (Roadrunner Transportation Services Holdings, Inc.)

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination any Borrower or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,0001,000,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; , or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that any Borrower or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,000.1,000,000; or

Appears in 1 contract

Samples: Credit Agreement (World Fuel Services Corp)

Pension Plans. (ai) Any Institution of any steps by either of the Borrowers or any other Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower or any member either of the Controlled Group could Borrowers could- be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,000250,000; (bii) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; or (diii) except as disclosed in Schedule 8.9(b), there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) payable annually to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any member either of the Borrowers and the Controlled Group have incurred on the date of such withdrawal) exceeds $100,000250,000.

Appears in 1 contract

Samples: Credit Agreement (Bogen Communications International Inc)

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination any Borrower or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,000250,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; , or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that any Borrower or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,000250,000.

Appears in 1 contract

Samples: Credit Agreement (Clark Holdings Inc.)

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower Borrowers or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,000250,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; , or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower Borrowers or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,000250,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Pernix Group, Inc.)

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent 20% of the Total Plan Liability; , or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,000.

Appears in 1 contract

Samples: Credit Agreement (Cyalume Technologies Holdings, Inc.)

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower the Company or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,0001,000,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; , or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower the Company or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,0002,500,000.

Appears in 1 contract

Samples: Credit Agreement (Kanbay International Inc)

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower the Company or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,00015,000,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; , or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower the Company or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,00015,000,000.

Appears in 1 contract

Samples: Credit Agreement (Multi Color Corp)

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,000.. 50

Appears in 1 contract

Samples: Term Loan Credit Agreement (Qumu Corp)

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower the Loan Parties or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,0002,500,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f303(k) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan LiabilityPension Plans are not Sufficiently Funded; or (d) there shall occur a Loan Party or any withdrawal member of the Controlled Group withdraws or partial withdrawal partially withdraws from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower the Loan Party or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,0002,500,000.”

Appears in 1 contract

Samples: Credit Agreement (FreightCar America, Inc.)

Pension Plans. (a) Any Person institutes steps to terminate a Pension Plan if as a result of such termination Borrower the Companies or any member of the Controlled Group could be required to make a contribution to such Pension Plan, or could incur a liability or obligation to such Pension Plan, in excess of $100,000500,000; (b) a contribution failure occurs with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA; (c) the Unfunded Liability exceeds twenty percent of the Total Plan Liability; , or (d) there shall occur any withdrawal or partial withdrawal from a Multiemployer Pension Plan and the withdrawal liability (without unaccrued interest) to Multiemployer Pension Plans as a result of such withdrawal (including any outstanding withdrawal liability that Borrower the Companies or any member of the Controlled Group have incurred on the date of such withdrawal) exceeds $100,000500,000.

Appears in 1 contract

Samples: Credit Agreement (Uti Worldwide Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!