UK Pension Plans. (a) UK Borrower shall ensure that in respect of all pension schemes to which part 3 of the Pensions Xxx 0000 (UK) applies operated by or maintained for the benefit of members of the UK Borrower and/or any of its employees are fully funded based on the statutory funding objective under sections 221 and 222 of the Pensions Act 2004 (UK) and that no action or omission is taken by UK Borrower in relation to such a pension scheme which has or is, in either case, reasonably likely to have a Material Adverse Effect (including, without limitation, the termination or commencement of winding-up proceedings of any such pension scheme or any member of the Group ceasing to employ any member of such a pension scheme). (b) Except as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, UK Borrower shall ensure that it is not and has not been at any time an employer (for the purposes of sections 38 to 51 of the Pensions Xxx 0000 (UK)) of an occupational pension scheme which is not a money purchase scheme (both terms as defined in the Xxxxxxx Xxxxxxx Xxx 0000 (UK)) or ““connected”“ with or an ““associate”“ of (as those terms are used in sections 38 or 43 of the Pensions Act 2004 (UK)) such an employer. (c) UK Borrower shall deliver to the Agent at such times requested by the Agent, actuarial reports in relation to all pension schemes mentioned in paragraph (a) above. (d) UK Borrower shall promptly notify the Agent of any material change in the rate of contributions to any pension schemes mentioned in (a) above paid or recommended to be paid (whether by the scheme actuary or otherwise) or required (by law or otherwise).
Appears in 2 contracts
Samples: Term Loan, Guaranty and Security Agreement, Term Loan, Guaranty and Security Agreement (Turtle Beach Corp)
UK Pension Plans. (a) Each UK Borrower Domiciled Obligor shall ensure that in respect of all pension schemes to which part 3 of the Pensions Xxx 0000 (UK) applies operated by or maintained for the benefit of members of the UK Borrower Domiciled Obligors and/or any of its their employees are fully funded based on the recovery plan applicable to the relevant pension scheme in accordance with section 226 of the Pensions Act 2004 (UK) until completed, and thereafter, based on the statutory funding objective under sections 221 and 222 of the Pensions Xxx 0000 (UK) and, in each case, in compliance with the schedule of contributions under section 227 of the Pensions Act 2004 (UK) and that no action or omission is taken by UK Borrower in relation to such a pension scheme which has or is, in either case, reasonably likely to have a Material Adverse Effect (including, without limitation, the termination or commencement of winding-up proceedings of any such pension scheme or any member of the Group ceasing to employ any member of such a pension scheme)) is taken by any UK Domiciled Obligor in relation to such a pension scheme which has or is reasonably likely to have a Material Adverse Effect.
(b) Except as could notdisclosed on Schedule 9.1.17, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, each UK Borrower Domiciled Obligor shall ensure that it no UK Domiciled Obligor is not and or has not been at any time an employer (for the purposes of sections 38 to 51 of the Pensions Xxx 0000 (UK)) of an occupational pension scheme which is not a money purchase scheme (both terms as defined in the Xxxxxxx Xxxxxxx Xxx 0000 (UK)) or ““connected”“ ” with or an ““associate”“ ” of (as those terms are used in sections 38 or 43 of the Pensions Act 2004 (UK)) such an employer.
(c) Each UK Borrower Domiciled Obligor shall deliver to the Agent at such times requested by as those reports are prepared in order to comply with the Agentthen current statutory or auditing requirements (as applicable either to the trustees of any relevant schemes or to the UK Domiciled Obligor), actuarial reports in relation to all pension schemes mentioned in paragraph clause (a) above.
(d) Each UK Borrower Domiciled Obligor shall promptly notify the Agent of any material change in the rate of contributions to any pension schemes mentioned in clause (a) above paid or recommended to be paid (whether by the scheme actuary or otherwise) or required (by law or otherwise).
Appears in 1 contract
Samples: Loan Agreement (Hyster-Yale Materials Handling, Inc.)
UK Pension Plans. (a) UK Borrower shall ensure that in respect of all pension schemes to which part 3 of the Pensions Xxx 0000 (UK) applies operated by or maintained for the benefit of members of the UK Borrower and/or any of its employees are fully funded based on the statutory funding objective under sections 221 and 222 of the Pensions Act 2004 (UK) and that no action or omission is taken by UK Borrower in relation to such a pension scheme which has or is, in either case, is reasonably likely to have a Material Adverse Effect (including, without limitation, the termination or commencement of winding-up proceedings of any such pension scheme or any member of the Group ceasing to employ any member of such a pension scheme).
(b) Except as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, UK Borrower shall ensure that it is not and has not been at any time an employer (for the purposes of sections 38 to 51 of the Pensions Xxx 0000 (UK)) of an occupational pension scheme which is not a money purchase scheme (both terms as defined in the Xxxxxxx Xxxxxxx Xxx 0000 (UK)) or ““connected”“ with or an ““associate”“ of (as those terms are used in sections 38 or 43 of the Pensions Act 2004 (UK)) such an employer.
(c) UK Borrower shall deliver to the Agent at such times requested by as those reports are prepared in order to comply with the Agentthen current statutory or auditing requirements (as applicable either to the trustees of any relevant schemes or to the UK Obligor), actuarial reports in relation to all pension schemes mentioned in paragraph (a) above.
(d) UK Borrower shall promptly notify the Agent of any material change in the rate of contributions to any pension schemes mentioned in (a) above paid or recommended to be paid (whether by the scheme actuary or otherwise) or required (by law or otherwise).
Appears in 1 contract
Samples: Term Loan, Guaranty and Security Agreement (Turtle Beach Corp)
UK Pension Plans. (a) The UK Borrower and its UK Subsidiaries shall to the extent applicable ensure that in respect of all pension schemes to which part 3 of the Pensions Xxx 0000 (UK) applies operated by or maintained for the benefit of members of the UK Borrower Borrower, its UK Subsidiaries and/or any of its their employees are fully funded based on the statutory funding objective under sections 221 and 222 of the Pensions Act 2004 (UK) Axx 0000 and that no action or omission is taken by UK Borrower any company in relation to such a pension scheme which has or is, in either case, is reasonably likely to have a Material Adverse Effect (including, without limitation, including the termination or commencement of winding-up proceedings of any such pension scheme or any member of the Group ceasing to employ any member of such a pension scheme).
(b) Except as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, The UK Borrower shall ensure that it none of its UK Subsidiaries is not and or has not been at any time an employer (for the purposes of sections 38 to 51 of the Pensions Xxx 0000 (UK)Act 2004) of an occupational pension scheme which is not a money purchase scheme (both terms as defined in the Xxxxxxx Xxxxxxx Xxx 0000 (UK)Pension Schemes Act 1993) or ““connected”“ ” with or an ““associate”“ ” of (as those terms are used defined in sections 38 or 43 of the Pensions Act 2004 (UK)2004) such an employer.
(c) The UK Borrower shall deliver to the Agent to the extent applicable: (i) the usual scheme report and accounts at such times requested by as the Agentsame is prepared in order to comply with the then current statutory or auditing requirements (as applicable either to the trustees of any relevant schemes or to the UK Borrower or any of its UK Subsidiaries); and (ii) at any other time if the Agent reasonably believes that any relevant statutory or auditing requirements are not being complied with, actuarial reports in relation to all pension schemes mentioned in paragraph (a) above.
(d) The UK Borrower shall promptly notify the Agent of any material change in the rate of contributions to any pension schemes scheme mentioned in (a) above paid or recommended to be paid (whether by the scheme actuary or otherwise) or required (by law or otherwise).
Appears in 1 contract
Samples: Credit Agreement (Genesco Inc)
UK Pension Plans. (a) UK Borrower shall ensure that in respect of all pension schemes to which part 3 of the Pensions Xxx 0000 (UK) applies operated by or maintained for the benefit of members of the UK Borrower and/or any of its employees are fully funded based on the statutory funding objective under sections 221 and 222 of the Pensions Act 2004 (UK) and that no action or omission is taken by UK Borrower in relation to such a pension scheme which has or is, in either case, is reasonably likely to have a Material Adverse Effect (including, without limitation, the termination or commencement of winding-up proceedings of any such pension scheme or any member of the Group ceasing to employ any member of such a pension scheme).
(b) Except as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, UK Borrower shall ensure that it is not and has not been at any time an employer (for the purposes of sections 38 to 51 of the Pensions Xxx 0000 (UK)) of an occupational pension scheme which is not a money purchase scheme (both terms as defined in the Xxxxxxx Xxxxxxx Xxx 0000 (UK)) or ““"connected”“ " with or an ““"associate”“ " of (as those terms are used in sections 38 or 43 of the Pensions Act 2004 (UK)) such an employer.
(c) UK Borrower shall deliver to the Agent at such times requested by as those reports are prepared in order to comply with the Agentthen current statutory or auditing requirements (as applicable either to the trustees of any relevant schemes or to the UK Obligor), actuarial reports in relation to all pension schemes mentioned in paragraph (a) above.
(d) UK Borrower shall promptly notify the Agent of any material change in the rate of contributions to any pension schemes mentioned in (a) above paid or recommended to be paid (whether by the scheme actuary or otherwise) or required (by law or otherwise).
Appears in 1 contract
Samples: Loan, Guaranty and Security Agreement (Parametric Sound Corp)
UK Pension Plans. (a) UK Borrower shall ensure that in respect of all pension schemes to which part 3 of the Pensions Xxx 0000 (UK) applies operated by or maintained for the benefit of members of the UK Borrower and/or any of its employees are fully funded based on the statutory funding objective under sections 221 and 222 of the Pensions Act 2004 (UK) and that no action or omission is taken by UK Borrower in relation to such a pension scheme which has or is, in either case, reasonably likely to have a Material Adverse Effect (including, without limitation, the termination or commencement of winding-up proceedings of any such pension scheme or any member of the Group ceasing to employ any member of such a pension scheme).
(b) Except as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, UK Borrower shall ensure that it is not and has not been at any time an employer (for the purposes of sections 38 to 51 of the Pensions Xxx 0000 (UK)) of an occupational pension scheme which is not a money purchase scheme (both terms as defined in the Xxxxxxx Xxxxxxx Xxx 0000 (UK)) or ““"connected”“ " with or an ““"associate”“ " of (as those terms are used in sections 38 or 43 of the Pensions Act 2004 (UK)) such an employer.
(c) UK Borrower shall deliver to the Agent at such times requested by the Agent, actuarial reports in relation to all pension schemes mentioned in paragraph (a) above.
(d) UK Borrower shall promptly notify the Agent of any material change in the rate of contributions to any pension schemes mentioned in (a) above paid or recommended to be paid (whether by the scheme actuary or otherwise) or required (by law or otherwise).
Appears in 1 contract
Samples: Loan, Guaranty and Security Agreement (Turtle Beach Corp)
UK Pension Plans. (a) UK Borrower shall ensure that in respect of all pension schemes to which part 3 of the Pensions Xxx 0000 Act 2004 (UK) applies operated by or maintained for the benefit of members of the UK Borrower and/or any of its employees are fully funded based on the statutory funding objective under sections 221 and 222 of the Pensions Act 2004 (UK) and that no action or omission is taken by UK Borrower in relation to such a pension scheme which has or is, in either case, reasonably likely to have a Material Adverse Effect (including, without limitation, the termination or commencement of winding-up proceedings of any such pension scheme or any member of the Group ceasing to employ any member of such a pension scheme).
(b) Except as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, UK Borrower shall ensure that it is not and has not been at any time an employer (for the purposes of sections 38 to 51 of the Pensions Xxx 0000 Act 2004 (UK)) of an occupational pension scheme which is not a money purchase scheme (both terms as defined in the Xxxxxxx Xxxxxxx Xxx 0000 Pension Schemes Act 1993 (UK)) or ““connected”“ ” with or an ““associate”“ ” of (as those terms are used in sections 38 or 43 of the Pensions Act 2004 (UK)) such an employer.
(c) UK Borrower shall deliver to the Agent at such times requested by the Agent, actuarial reports in relation to all pension schemes mentioned in paragraph (a) above.
(d) UK Borrower shall promptly notify the Agent of any material change in the rate of contributions to any pension schemes mentioned in (a) above paid or recommended to be paid (whether by the scheme actuary or otherwise) or required (by law or otherwise).
Appears in 1 contract
Samples: Loan, Guaranty and Security Agreement (Turtle Beach Corp)
UK Pension Plans. (a) The UK Borrower and its UK Subsidiaries shall to the extent applicable ensure that in respect of all pension schemes to which part 3 of the Pensions Xxx 0000 (UK) applies operated by or maintained for the benefit of members of the UK Borrower Borrower, its UK Subsidiaries and/or any of its their employees are fully funded based on the statutory funding objective under sections 221 and 222 of the Pensions Act 2004 (UK) Xxx 0000 and that no action or omission is taken by UK Borrower any company in relation to such a pension scheme which has or is, in either case, is reasonably likely to have a Material Adverse Effect (including, without limitation, including the termination or commencement of winding-up proceedings of any such pension scheme or any member of the Group ceasing to employ any member of such a pension scheme).
(b) Except as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, The UK Borrower shall ensure that it none of its UK Subsidiaries is not and or has not been at any time an employer (for the purposes of sections 38 to 51 of the Pensions Xxx 0000 (UK)Act 2004) of an occupational pension scheme which is not a money purchase scheme (both terms as defined in the Xxxxxxx Xxxxxxx Xxx 0000 (UK)Pension Schemes Act 1993) or ““connected”“ ” with or an ““associate”“ ” of (as those terms are used defined in sections 38 or 43 of the Pensions Act 2004 (UK)2004) such an employer.
(c) The UK Borrower shall deliver to the Agent to the extent applicable: (i) the usual scheme report and accounts at such times requested by as the Agentsame is prepared in order to comply with the then current statutory or auditing requirements (as applicable either to the trustees of any relevant schemes or to the UK Borrower or any of its UK Subsidiaries); and (ii) at any other time if the Agent reasonably believes that any relevant statutory or auditing requirements are not being complied with, actuarial reports in relation to all pension schemes mentioned in paragraph (a) above.
(d) The UK Borrower shall promptly notify the Agent of any material change in the rate of contributions to any pension schemes scheme mentioned in (a) above paid or recommended to be paid (whether by the scheme actuary or otherwise) or required (by law or otherwise).
Appears in 1 contract
Samples: Credit Agreement (Genesco Inc)