Common use of Terminability of Welfare Plans Clause in Contracts

Terminability of Welfare Plans. Under each Employee Benefit Plan that is an employee welfare benefit plan within the meaning of Section 3(1) or Section 3(2)(B) of ERISA, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, Subtitle B, Part 6 of ERISA). The Borrower, each of its Subsidiaries and each ERISA Affiliate may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of such Loan Party or such ERISA Affiliate without liability to any Person.

Terminability of Welfare Plans. Under each Employee Benefit Plan that which is an employee welfare benefit plan within the meaning of Section 3(1ss.3(1) or Section 3(2)(Bss.3(2)(B) of ERISA, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, Subtitle B, Part part 6 of ERISA). The Borrower.) Each Borrower or ERISA Affiliate, each of its Subsidiaries and each ERISA Affiliate as appropriate, may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of such Loan Party Borrower or such ERISA Affiliate without liability to any Person.

Terminability of Welfare Plans. Under each Employee Benefit Plan that which is an employee welfare benefit plan within the meaning of Section 3(1[section]3(1) or Section 3(2)(B[section]3(2)(B) of ERISA, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, Subtitle B, Part 6 of ERISA). The BorrowerBorrowers or an ERISA Affiliate, each of its Subsidiaries and each ERISA Affiliate as appropriate, may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of such Loan Party the Borrowers or such ERISA Affiliate without liability to any Person.

Terminability of Welfare Plans. Under each Employee Benefit ------------------------------ Plan that which is an employee welfare benefit plan within the meaning of Section 3(1(S)3(1) or Section 3(2)(B(S)3(2)(B) of ERISA, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, Subtitle B, Part 6 of ERISA). The BorrowerBorrower or an ERISA Affiliate, each of its Subsidiaries and each ERISA Affiliate as appropriate, may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of such Loan Party the Borrower or such ERISA Affiliate without liability to any Person.

Terminability of Welfare Plans. Under each Employee Benefit Plan that which is an employee welfare benefit plan within the meaning of Section 3(1ss.3(1) or Section 3(2)(Bss.3(2)(B) of ERISA, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, Subtitle B, Part 6 of ERISA). The BorrowerBorrower or an ERISA Affiliate, each of its Subsidiaries and each ERISA Affiliate as appropriate, may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of such Loan Party the Borrower or such ERISA Affiliate without liability to any PersonPerson other than for benefits accrued prior to such termination.

Terminability of Welfare Plans. Under each Employee ------------------------------ Benefit Plan that which is an employee welfare benefit plan within the meaning of Section 3(1ss.3(1) or Section 3(2)(Bss.3(2)(B) of ERISA, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, Subtitle B, Part 6 of ERISA). The BorrowerAny of the Borrower or an ERISA Affiliate, each of its Subsidiaries and each ERISA Affiliate as appropriate, may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of such Loan Party the Borrower or such ERISA Affiliate without liability to any Person.

Terminability of Welfare Plans. Under each Employee Benefit Plan that of the Borrower which is an employee welfare benefit plan within the meaning of Section 3(1[SECTION]3(1) or Section 3(2)(B[SECTION]3(2)(B) of or ERISA, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, Subtitle B, Part 6 of ERISA). The BorrowerBorrower or an ERISA Affiliate, each of its Subsidiaries and each ERISA Affiliate as appropriate, may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of such Loan Party the Borrower or such ERISA Affiliate without liability to any Person.

Terminability of Welfare Plans. Under each Employee Benefit ------------------------------ Plan that which is an employee welfare benefit plan within the meaning of Section 3(1(S)3(1) or Section 3(2)(B(S)3(2)(B) of ERISA, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, Subtitle B, Part 6 of ERISA). The BorrowerBorrowers or their ERISA Affiliates, each of its Subsidiaries and each ERISA Affiliate as appropriate, may terminate each such Plan employee welfare benefit plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of such Loan Party the Borrowers or such ERISA Affiliate without material liability to any Person.

Terminability of Welfare Plans. Under each Employee Benefit Plan that which ------------------------------ is an employee welfare benefit plan within the meaning of Section 3(1(S)3(1) or Section 3(2)(B(S)3(2)(B) of ERISA, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, Subtitle B, Part part 6 of ERISA). The Borrower.) Each Borrower or any ERISA Affiliate, each of its Subsidiaries and each ERISA Affiliate as appropriate, may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of such Loan Party Borrower or such any ERISA Affiliate without liability to any PersonPerson by reason of such termination.

Terminability of Welfare Plans. Under each Employee Benefit Plan that ------------------------------ which is an employee welfare benefit plan within the meaning of Section 3(1(S)3(1) or Section 3(2)(B(S)3(2)(B) of ERISA, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, Subtitle B, Part 6 of ERISA). The BorrowerBorrower or an ERISA Affiliate, each of its Subsidiaries and each ERISA Affiliate as appropriate, may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of such Loan Party the Borrower or such ERISA Affiliate without liability to any Person, except as would not be likely to have a Material Effect.

Terminability of Welfare Plans. Under each Employee Benefit ------------- -- ------- ----- Plan that which is an employee welfare benefit plan within the meaning of Section 3(1(S)3(1) or Section 3(2)(B(S)3(2)(B) of ERISA, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, Subtitle B, Part part 6 of ERISA). The Borrower.) Each Borrower or ERISA Affiliate, each of its Subsidiaries and each ERISA Affiliate as appropriate, may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of such Loan Party Borrower or such ERISA Affiliate without liability to any Person.

Terminability of Welfare Plans. Under each Employee ------------------------------ Benefit Plan that which is an employee welfare benefit plan within the meaning of Section 3(1(S)3(1) or Section 3(2)(B(S)3(2)(B) of ERISA, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, Subtitle B, Part 6 of ERISA). The BorrowerUS Borrower or an ERISA Affiliate, each of its Subsidiaries and each ERISA Affiliate as appropriate, may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of such Loan Party US Borrower or such ERISA Affiliate without liability to any Person.

Terminability of Welfare Plans. Under each Employee Benefit Plan that which is an employee welfare benefit plan within the meaning of Section 3(1) or Section 3(2)(B3 (2)(B) of ERISA, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, Subtitle B, Part part 6 of ERISA). .) The BorrowerCompany, each of its Subsidiaries and each Subsidiaries, or ERISA Affiliate Affiliate, as appropriate, may terminate each such Plan plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of such Loan Party Company or such Subsidiary, or ERISA Affiliate without material liability to any Person.

Terminability of Welfare Plans. Under each Employee ------------------------------ Benefit Plan that which is an employee welfare benefit plan within the meaning of Section 3(1(S)3(1) or Section 3(2)(B(S)3(2)(B) of ERISA, no benefits are due unless the event giving rise to the benefit entitlement occurs prior to plan termination (except as required by Title I, Subtitle B, Part 6 of ERISA). The BorrowerBorrower or an ERISA Affiliate, each of its Subsidiaries and each ERISA Affiliate as appropriate, may terminate each such Plan at any time (or at any time subsequent to the expiration of any applicable bargaining agreement) in the discretion of such Loan Party the Borrower or such ERISA Affiliate without liability to any Person, except as would not be likely to have a Material Effect.