Common use of U.S. Plans Clause in Contracts

U.S. Plans. As of the date of this Agreement, neither the Borrower nor any ERISA Affiliate maintains, contributes to or has any liability in any way, directly or indirectly (whether contingent or otherwise), for any “multiemployer plan” (as defined under Section 3(37) or 4001(a)(3) of ERISA) (“Multiemployer Plan”), or any benefit plan covered by Title IV of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), or that is subject to the minimum funding standards under Section 412 of the Code. Except as would not reasonably be expected to result in a Material Adverse Effect, individually or in the aggregate, each benefit plan (other than a Multiemployer Plan) that is maintained or contributed to by any Company or ERISA Affiliate and covered by Title IV of ERISA, is in compliance with all applicable requirements of ERISA and the Code. None of the following events has occurred or is reasonably expected to occur that would subject any Loan Party to any Tax, penalty or other liabilities, which Tax, penalty or other liabilities individually or in the aggregate would reasonably be expected to result in a Material Adverse Effect: (i) a complete or partial withdrawal (within the meanings of Section 4203 or 4205 of ERISA) by any Company or, to the knowledge of such Company, any ERISA Affiliate from a Multiemployer Plan, or (ii) notification received by any Company that a Multiemployer Plan is in “reorganization” (within the meaning of Sections 4245 or 4241 of ERISA). For purposes of the foregoing, “ERISA Affiliate” means any entity that, together with the Borrower, is treated as a single employer under Section 414(b), (c), (m), or (o) of the Code.

U.S. Plans. As of the date of this Agreement, neither the Borrower nor any ERISA Affiliate maintains, contributes to or has any liability in any way, directly or indirectly (whether contingent or otherwise), for any “multiemployer plan” (as defined under Section 3(37) or 4001(a)(3) of ERISA) (“Multiemployer Plan”), or any benefit plan covered by Title IV of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), or that is subject to the minimum funding standards under Section 412 of the Code. Except as would could not reasonably be expected to result in a Material Adverse Effect, individually or in the aggregate, each benefit plan (other than a Multiemployer Plan) that is maintained or contributed to by any Company or ERISA Affiliate and covered by Title IV of ERISA, is in compliance with all applicable requirements of ERISA and the Code. None of the following events has occurred or is reasonably expected to occur that would subject any Loan Party to any Tax, penalty or other liabilities, which Tax, penalty or other liabilities individually or in the aggregate would could reasonably be expected to result in a Material Adverse Effect: (i) a complete or partial withdrawal (within the meanings of Section 4203 or 4205 of ERISA) by any Company or, to the knowledge of such Company, any ERISA Affiliate from a Multiemployer Plan, or (ii) notification received by any Company that a Multiemployer Plan is in “reorganization” (within the meaning of Sections 4245 or 4241 of ERISA). For purposes of the foregoing, “ERISA Affiliate” means any entity that, together with the Borrower, is treated as a single employer under Section 414(b), (c), (m), or (o) of the Code.

U.S. Plans. As of the date of this Agreement, neither the Borrower nor any ERISA Affiliate maintains, contributes to or has any liability in any way, directly or indirectly (whether contingent or otherwise), for any “multiemployer plan” (as defined under Section 3(37) or 4001(a)(3) of ERISA) (“Multiemployer Plan”), or any benefit plan covered by Title IV of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), or that is subject to the minimum funding standards under Section 412 of the Code. Except as would could not reasonably be expected to result in a Material Adverse Effect, individually or in the aggregate, each benefit plan (other than a Multiemployer Plan) that is maintained or contributed to by any Company or ERISA Affiliate and covered by Title IV of ERISA, is in compliance with all applicable requirements of ERISA and the Code. None of the following events has occurred or is reasonably expected to occur that would subject any Loan Party to any Tax, penalty or other liabilities, which Tax, penalty or other liabilities individually or in the aggregate would could reasonably be expected to result in a Material Adverse Effect: (i) a complete or partial withdrawal (within the meanings of Section 4203 or 4205 of ERISA) by any Company or, to the knowledge of such Company, any ERISA Affiliate from a Multiemployer Plan, or (ii) notification received by any Company that a Multiemployer Plan is in “reorganization” (within the meaning of Sections 4245 or 4241 of ERISA). For purposes of the foregoing, “ERISA Affiliate” means any entity that, together with the Borrower, is treated as a single employer under Section 414(b), (c), (m), or (o) of the Code.. Credit Agreement - New Gold Inc.