Common use of Plan Audits and Liabilities Clause in Contracts

Plan Audits and Liabilities. promptly after the Company or any ERISA Affiliate (a) contacts the Internal Revenue Service for the purpose of participation in a closing agreement or any voluntary resolution program with respect to a Plan which could in the reasonable determination of the Company impair the ability of the Company to perform its payment or other material obligations under the Loan Documents or (b) knows or has reason to know that any event with respect to any Plan occurred that could in the reasonable determination of the Company impair the ability of the Company to perform its payment or other material obligations under the Loan Documents a notification thereof;

Appears in 4 contracts

Samples: Term Loan Agreement (America West Holdings Corp), Security Agreement (America West Airlines Inc), Security Agreement (America West Airlines Inc)

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