Prohibited Transactions and Payments. Neither any Loan Party nor any ERISA Affiliate has (1) engaged in a material nonexempt prohibited transaction described in Section 406 of ERISA or Section 4975 of the Code; (2) incurred any liability to the PBGC which remains outstanding other than the payment of premiums and there are no premium payments which are due and unpaid; (3) failed to make a required contribution or payment to a Multiemployer Plan; or (4) failed to make a required installment or other required payment under Section 412 of the Code.
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Samples: Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust)
Prohibited Transactions and Payments. Neither any Loan Party Borrower Group Member nor any ERISA Affiliate has (1) engaged in a material nonexempt prohibited transaction described in Section 406 of ERISA or Section 4975 of the Code; (2) incurred any liability to the PBGC which remains outstanding other than the payment of premiums and there are no premium payments which are due and unpaid; (3) failed to make a required contribution or payment to a Multiemployer Plan; or (4) failed to make a required installment or other required payment under Section 412 of the Code.
Appears in 1 contract
Prohibited Transactions and Payments. Neither any No Loan Party nor any ERISA Affiliate has has: (1) engaged in a material nonexempt prohibited transaction described in Section 406 of ERISA or Section 4975 of the CodeIRC; (2) incurred any liability to the PBGC which remains outstanding other than the payment of premiums and there are no premium payments prepayments which are due and unpaid; (3) failed to make a required contribution or payment to a Multiemployer Plan; or (4) failed to make a required installment or other required payment under Section 412 of the CodeIRC.
Appears in 1 contract
Samples: Credit Agreement (Edutrek Int Inc)
Prohibited Transactions and Payments. Neither any Loan Party Borrower nor any ERISA Affiliate has has: (1) engaged in a material nonexempt prohibited transaction described in Section 406 of ERISA or Section 4975 of the CodeIRC; (2) incurred any liability to the PBGC which remains outstanding other than the payment of premiums and there are no premium payments which are due and unpaid; (3) failed to make a required contribution or payment to a Multiemployer Plan; or (4) failed to make a required installment or other required payment under Section 412 of the Code.or
Appears in 1 contract
Samples: Loan Agreement (Equity Inns Inc)
Prohibited Transactions and Payments. Neither any Loan Party Borrower nor any ERISA Affiliate has has: (1) engaged in a material nonexempt prohibited transaction described in Section 406 of ERISA or Section 4975 of the CodeIRC; (2) incurred any liability to the PBGC which remains outstanding other than the payment of premiums and there are no premium payments which are due and unpaid; (3) failed to make a required contribution or payment to a Multiemployer Plan; or (4) failed to make a required installment or other required payment under Section 412 of the CodeIRC.
Appears in 1 contract
Samples: Loan and Security Agreement (Digital Realty Trust, Inc.)
Prohibited Transactions and Payments. Neither any No Loan Party nor Borrower nor any ERISA Affiliate has has: (1) engaged in a material nonexempt prohibited transaction described in Section 406 of ERISA or Section 4975 of the CodeIRC; (2) incurred any liability to the PBGC which remains outstanding other than the payment of premiums and there are no premium payments which are due and unpaid; (3) failed to make a required contribution or payment to a Multiemployer Plan; or (4) failed to make a required installment or other required payment under Section 412 of the CodeIRC.
Appears in 1 contract
Samples: Credit Agreement (Krystal Company)