Pension Related Matters. Each employee pension plan (other than a multiemployer plan within the meaning of Section 3(37) of ERISA and to which the Borrower or any ERISA Affiliate has or had any obligation to contribute (a “Multiemployer Plan”)) maintained by the Borrower or any of its ERISA Affiliates to which Title IV of ERISA applies and (a) which is maintained for employees of the Borrower or any of its ERISA Affiliates or (b) to which the Borrower or any of its ERISA Affiliates made, or was required to make, contributions at any time within the preceding five (5) years (a “Plan”), complies, and is administered in accordance, with its terms and all material applicable requirements of ERISA and of the Internal Revenue Code of 1986, as amended, and any successor statute thereto (the “Tax Code”), and with all material applicable rulings and regulations issued under the provisions of ERISA and the Tax Code setting forth those requirements. No “Reportable Event” or “Prohibited Transaction” (as each is defined in ERISA) or withdrawal from a Multiemployer Plan caused by the Borrower has occurred and no funding deficiency described in Section 302 of ERISA caused by the Borrower exists with respect to any Plan or Multiemployer Plan which could have a Material Adverse Effect. The Borrower and each ERISA Affiliate has satisfied all of their respective funding standards applicable to such Plans and Multiemployer Plans under Section 302 of ERISA and Section 412 of the Tax Code and the Pension Benefit Guaranty Corporation and any entity succeeding to any or all of its functions under ERISA (“PBGC”) has not instituted any proceedings, and there exists no event or condition caused by the Borrower which would reasonably be expected to constitute grounds for the institution of proceedings by PBGC, to terminate any Plan or Multiemployer Plan under Section 4042 of ERISA which could have a Material Adverse Effect.
Pension Related Matters. If applicable, each employee pension plan (other than a multiemployer plan within the meaning of Section 3(37) of ERISA and to which any Credit Party or any ERISA Affiliate has or had any obligation to contribute (a “Multiemployer Plan”)) maintained by any Credit Party or any of their respective ERISA Affiliates to which Title IV of ERISA applies, if any, and (a) which is maintained for employees of any Credit Party or any of their respective ERISA Affiliates or (b) to which any Credit Party or any of their ERISA Affiliates made, or was required to make, contributions at any time within the preceding five (5) years (a “Plan”), complies, and is administered in accordance, with its terms and all material applicable requirements of ERISA and of the Internal Revenue Code of 1986, as amended, and any successor statute thereto (the “Tax Code”), and with all material applicable rulings and regulations issued under the provisions of ERISA and the Tax Code setting forth those requirements. No “Reportable Event” or “Prohibited Transaction” (as each is defined in ERISA) or withdrawal from a Multiemployer Plan caused by any Credit Party has occurred and no funding deficiency described in Section 302 of ERISA caused by any Credit Party exists with respect to any Plan or Multiemployer Plan which could have a Material Adverse Effect. If and to the extent applicable, the Credit Parties and each ERISA Affiliate have satisfied all of their respective funding standards applicable to such Plans and Multiemployer Plans under Section 302 of ERISA and Section 412 of the Tax Code and the Pension Benefit Guaranty Corporation and any entity succeeding to any or all of its functions under ERISA (“PBGC”) has not instituted any proceedings, and there exists no event or condition caused by any Credit Party which would constitute grounds for the institution of proceedings by PBGC, to terminate any Plan or Multiemployer Plan under Section 4042 of ERISA which could have a Material Adverse Effect.
Pension Related Matters. Except as could not reasonably be expected to result in a Material Adverse Effect, (i) all contributions required to be made by such Credit Party or any of its Subsidiaries with respect to a Benefit Plan have been timely made, (ii) each Benefit Plan has been maintained in compliance with its terms and with the requirements of any and all applicable laws and has been maintained, where required, in good standing with the applicable Governmental Authority and (iii) neither such Credit Party nor any of its Subsidiaries has incurred any obligation in connection with the termination or withdrawal from any Benefit Plan.
Pension Related Matters. A copy of the most recent Annual Report (5500 Series Form) including all attachments thereto filed with the Internal Revenue Service has been made available to the Banks for each Plan and fairly presents the funding status of each Plan. There has been no material deterioration in any Plan's funding status since the date of such Annual Report. Schedule 4.10 sets forth as of the date hereof a list of (a) all Australian superannuation plans to which KAP or any of its Consolidated Subsidiaries is a party and (b) all Plans and Multiemployer Plans and all available information with respect to the Borrower's or any Controlled Group Member's direct, indirect or potential withdrawal liability to any Multiemployer Plan. Except as set forth on Schedule 4.10, the Borrower has no liability in excess of $750,000 (contingent or otherwise) for, and none of Borrower's property or assets are encumbered in connection with, (a) failure to meet the minimum funding requirements under ERISA or the Code with respect to a Plan (including joint and several liability with Controlled Group Member for the minimum funding requirement and the excise tax for failure to meet such requirement, any lien for contributions with respect to a Plan which are due and unpaid by the Borrower or a Controlled Group Member, and any security posted by the Borrower to obtain a waiver of the minimum funding requirement), (b) any amendment to a Plan described in Code Section 401(a)(29) or ERISA Section 307, (c) any PBGC premiums in excess of $250,000 with respect to a Plan which are due and unpaid by the Borrower or a Controlled Group Member, (d) the termination of a Plan or withdrawal by the Borrower or a Controlled Group Member from any Multiemployer Plan or (e) any underfunding of any Australian employee benefit plan.
Pension Related Matters. The Borrower has no liability (contingent or otherwise) for, and none of Borrower's assets are encumbered in connection with, (i) the minimum funding requirements under ERISA or the Code with respect to a Plan (including, without limitation, joint and several liability with a Controlled Group Member for the minimum funding requirement and the excise tax for failure to meet such requirement, any Lien for contributions with respect to a Plan which are due and unpaid by the Borrower or a Controlled Group Member, and any security posted by the Borrower to obtain a waiver of the minimum funding requirement), (ii) any amendment to a Plan, (iii) any PBGC premiums with respect to a Plan which are due and unpaid by the Borrower or a Controlled Group Member, or (iv) the termination of a Plan or withdrawal by the Borrower or a Controlled Group Member from any Multiemployer Plan. The amount of unfunded benefit liabilities (as defined in Section 4001(a)(16) of ERISA), as certified to by the Plan's actuary, for all Plans does not exceed $5,000,000.
Pension Related Matters. Each Plan maintained by any Borrower or any ERISA Affiliate complies, and has been administered in accordance with its terms and all material applicable requirements of ERISA and of the Tax Code and with all material applicable rulings and regulations issued under the provisions of ERISA and the Tax Code setting forth those requirements. No Reportable Event, Prohibited Transaction or withdrawal from a Multiemployer Plan has occurred and no Accumulated Funding Deficiencies exist with respect to any Plan or Multiemployer Plan which could have a Material Adverse Effect. The Borrowers and each ERISA Affiliate have satisfied all of the funding standards applicable to such Plans and Multiemployer Plans under Section 302 of ERISA and Section 412 of the Tax Code and the PBGC has not instituted any proceedings, and there exists no event or condition which would constitute grounds for the institution of proceedings by the PBGC, to terminate any Plan or Multiemployer Plan under Section 4042 of ERISA which could have a Material Adverse Effect. Neither the Borrowers nor any ERISA Affiliate has taken any steps to terminate any Plan, which termination could have a Material Adverse Effect. Neither the Borrowers nor any ERISA Affiliate has taken any steps to terminate its participation in any Multiemployer Plan or withdraw from any Multiemployer Plan. The Borrowers and each ERISA Affiliate have made all contributions to each Plan and each Multiemployer Plan to which it has become obligated to contribute as to which the failure to make contributions could have a Material Adverse Effect. The Borrowers are not aware of any assessments or assertions of withdrawal liability against them or any ERISA Affiliate with respect to any Plan or Multiemployer Plan. The aggregate potential withdrawal liability under all Multiemployer Plans to which the Borrowers and each ERISA Affiliate are obligated to contribute is less than an amount which, if all such liabilities were incurred, could have a Material Adverse Effect.
Pension Related Matters. 31 3.10 Contracts. ........................................................................................... 31 3.11 Taxes. ............................................................................................... 32 3.12 Power To Carry On Business. .......................................................................... 32 3.13
Pension Related Matters. A copy of the most recent Annual Report (5500 Series Form), including all attachments thereto, filed with the Internal Revenue Service has been provided to the Agent for each Plan and fairly presents the funding status of each Plan. There has been no material deterioration in any Plan's funding status since the date of such Annual Report. The Company has provided the Agent with a list of all Plans and Multiemployer Plans and all available information with respect to its or any Controlled Group Member's direct, indirect, or potential withdrawal liability to any Multiemployer Plan.
Pension Related Matters. The Borrower has provided the Banks with a list of all Plans and Multiemployer Plans and all material available information with respect to its or any Controlled Group Member's direct, indirect or potential withdrawal liability to any Multiemployer Plan. Except as specifically disclosed to the Banks, the Borrower has no liability (contingent or otherwise) for, and none of the Borrower's assets are encumbered in connection with, (i) the minimum funding requirements under ERISA or the Code with respect to a Plan (including, without limitation, joint and several liability with a Controlled Group Member for the minimum funding requirement and the excise tax for failure to meet such requirement, any lien for contributions with respect to a Plan which are due and unpaid by the Borrower or a Controlled Group Member and any security posted by the Borrower to obtain a waiver of the minimum funding requirement), (ii) any amendment to a Plan, (iii) any PBGC premiums with respect to a Plan which are due and unpaid by the Borrower or a Controlled Group Member or (iv) the termination of a Plan or withdrawal by the Borrower or a Controlled Group Member from any Multiemployer Plan.
Pension Related Matters. The Company has no employee benefit plans or multiemployer plans. The Company has no liability (contingent or otherwise) for, and none of the Company's assets are encumbered in connection with, (i) the minimum funding requirements under the Employee Retirement Income Security Act or the Internal Revenue Code of 1986 with respect to any plan, (ii) any amendment to a plan, (iii) any Pension Benefit Guaranty Corporation premiums with respect to a plan which are due and unpaid by the Company or (iv) the termination of a plan or withdrawal by the Company from any multiemployer plan.
