Common use of Plan Terminations, Minimum Funding, etc Clause in Contracts

Plan Terminations, Minimum Funding, etc. None of the Parent, Lessee or any ERISA Affiliate will (i) terminate any Plan or Plans so as to result in liability of the Parent, Lessee or any ERISA Affiliate to the PBGC in excess of, in the aggregate, the amount which is equal to $5,000,000 as of the date of the then most recent financial statements furnished to Lessor and the Participants pursuant to the provisions of this Agreement, (ii) permit to exist one or more events or conditions which reasonably present a material risk of the termination by the PBGC of any Plan or Plans with respect to which the Parent, Lessee or any ERISA Affiliate would, in the event of such termination, incur liability to the PBGC in excess of such amount in the aggregate, or (iii) fail to comply in any material respect with the minimum funding standards of ERISA and the Code with respect to any Plan.

Plan Terminations, Minimum Funding, etc. None of the ParentThe Borrowers will not, Lessee or and will not permit any ERISA Affiliate will to, (i) terminate any Plan or Plans so as to result in liability of the Parent, Lessee Borrowers or any ERISA Affiliate to the PBGC in excess of, in the aggregate, the amount which is equal to $5,000,000 as of the date of the then most recent financial statements furnished to Lessor and the Participants Lenders pursuant to the provisions of this Agreement, (ii) permit to exist one or more events or conditions which reasonably present a material risk of the termination by the PBGC of any Plan or Plans with respect to which the Parent, Lessee Borrowers or any ERISA Affiliate would, in the event of such termination, incur liability to the PBGC in excess of such amount in the aggregate, or (iii) fail to comply in any material respect with the minimum funding standards of ERISA and the Code with respect to any Plan.

Plan Terminations, Minimum Funding, etc. None of the ParentThe Borrower will not, Lessee or and will not permit any ERISA Affiliate will (i) to, terminate any Plan or Plans plans so as to result in liability of the Parent, Lessee Borrower or any ERISA Affiliate to the PBGC in excess of, in the aggregate, the amount which is equal to $5,000,000 5% of the Borrower's Consolidated Net Worth as of the date of the then most recent financial statements furnished to Lessor and the Participants Lenders pursuant to the provisions of this Agreement, (ii) permit to exist one or more events or conditions which reasonably present a material risk of the termination by the PBGC of any Plan or Plans with respect to which the Parent, Lessee Borrower or any ERISA Affiliate would, in the event of such termination, incur liability to the PBGC in excess of such amount in the aggregate, or (iii) fail to comply in any material respect with the minimum funding standards of ERISA and the Code with respect to any Plan.