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

Plan Terminations, Minimum Funding, etc. The Company will not, and will not permit any ERISA Affiliate to, (i) terminate any Plan or Plans so as to result in liability of the Company or any ERISA Affiliate to the PBGC in excess of, in the aggregate, the amount which is equal to the greater of (x) $3,000,000, or (y) 5% of the Company's Consolidated Net Worth as of the date of the then most recent financial statements furnished to the 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 Company 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 with the minimum funding standards of ERISA and the Code with respect to any Plan.

Plan Terminations, Minimum Funding, etc. The Company Borrower will not, and will not permit any ERISA Affiliate to, : (i) terminate any Plan or Plans plans so as to result in liability of the Company Borrower or any ERISA Affiliate to the PBGC in excess of, in the aggregate, the amount which that is equal to the greater of (x) $3,000,000, or (y) 5% of the Company's Borrower’s Consolidated Net Worth as of the date of the then most recent financial statements furnished to the Lenders pursuant to the provisions of this Agreement, ; (ii) permit to exist one or more events or conditions which that reasonably present a material risk of the termination by the PBGC of any Plan or Plans with respect to which the Company 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 with the minimum funding standards of ERISA and the Code with respect to any Plan.. Table of Contents

Plan Terminations, Minimum Funding, etc. The Company Borrower will not, and will not permit any ERISA Affiliate to, : (i) terminate any Plan or Plans plans so as to result in liability of the Company Borrower or any ERISA Affiliate to the PBGC in excess of, in the aggregate, the amount which that is equal to the greater of (x) $3,000,000, or (y) 5% of the Company's Borrower’s Consolidated Net Worth as of the date of the then most recent financial statements furnished to the Lenders pursuant to the provisions of this Agreement, ; (ii) permit to exist one or more events or conditions which that reasonably present a material risk of the termination by the PBGC of any Plan or Plans with respect to which the Company 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 with the minimum funding standards of ERISA and the Code with respect to any Plan.

Plan Terminations, Minimum Funding, etc. The Company will not, and will not permit any ERISA Affiliate to, (i) terminate any Plan or Plans so as to result in liability of the Company or any ERISA Affiliate to the PBGC in excess of, in the aggregate, the amount which that is equal to the greater of (x) $3,000,000250,000, or (y) 5% of the Company's ’s Consolidated Net Worth as of the date of the then most recent financial statements furnished to the Lenders pursuant to the provisions of this Agreement, (ii) permit to exist one or more events or conditions which reasonably that present a material risk of the termination by the PBGC of any Plan or Plans with respect to which the Company 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 with the minimum funding standards of ERISA and the Code with respect to any Plan.

Plan Terminations, Minimum Funding, etc. The Company Borrower will not, and will not permit any ERISA Affiliate to, : (i) terminate any Plan or Plans plans so as to result in liability of the Company Borrower or any ERISA Affiliate to the PBGC in excess of, in the aggregate, the amount which that is equal to the greater of (x) $3,000,000, or (y) 5% of the CompanyBorrower's Consolidated Net Worth as of the date of the then most recent financial statements furnished to the Lenders pursuant to the provisions of this Agreement, ; (ii) permit to exist one or more events or conditions which that reasonably present a material risk of the termination by the PBGC of any Plan or Plans with respect to which the Company 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 with the minimum funding standards of ERISA and the Code with respect to any Plan.