Waiver Application. The plan administrator of any Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or any ERISA Affiliate to liability in excess of $500,000.
Appears in 14 contracts
Samples: Term Loan Agreement (Washington Prime Group, L.P.), Credit and Term Loan Agreement (Washington Prime Group, L.P.), Credit Agreement (Simon Property Group L P /De/)
Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d412 (d) of the Internal Revenue Code for a waiver of the minimum funding standards of Section 412(a412 (a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or any ERISA Affiliate to liability in excess of $500,000.
Appears in 5 contracts
Samples: Credit Agreement (Reckson Associates Realty Corp), Credit Agreement (Reckson Operating Partnership Lp), Term Loan Agreement (Reckson Associates Realty Corp)
Waiver Application. The plan administrator of any Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or any ERISA Affiliate to liability in excess of $500,000.
Appears in 4 contracts
Samples: Credit Agreement (Simon Property Group L P /De/), Credit Agreement (Simon Property Group L P /De/), Credit Agreement (Simon Property Group L P /De/)
Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the any Borrower or any ERISA Affiliate to liability in excess of $500,000.which the Administrative Agent determines will or is reasonably likely to have a Material Adverse Effect; or
Appears in 3 contracts
Samples: Credit Agreement (Donna Karan International Inc), Credit Agreement (Donna Karan International Inc), Credit Agreement (Donna Karan International Inc)
Waiver Application. The plan administrator of any Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Payment and Disbursement Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or any ERISA Affiliate to liability in excess of $500,000.
Appears in 3 contracts
Samples: Credit Agreement (Simon Property Group L P /De/), Credit Agreement (Simon Property Group Inc /De/), Credit Agreement (Simon Property Group L P /De/)
Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower any Loan Party or any ERISA Affiliate to liability in excess of $500,000which will or is reasonably likely to have a Material Adverse Effect.
Appears in 3 contracts
Samples: Credit Agreement (Stellex Industries Inc), Credit Agreement (General Inspection Laboratories Inc), Credit Agreement (General Inspection Laboratories Inc)
Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or any ERISA Affiliate to liability in excess of $500,000.
Appears in 3 contracts
Samples: Credit Agreement (Reckson Associates Realty Corp), Credit Agreement (Reckson Associates Realty Corp), Credit Agreement (Reckson Services Industries Inc)
Waiver Application. The plan administrator of any Benefit Plan ------------------ applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or any ERISA Affiliate to liability in excess of $500,000.
Appears in 2 contracts
Samples: Credit Agreement (Reckson Associates Realty Corp), Credit Agreement (Reckson Associates Realty Corp)
Waiver Application. The plan administrator of any Plan applies ------------------ under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or any ERISA Affiliate to liability in excess of $500,000.
Appears in 2 contracts
Samples: Credit Agreement (Simon Property Group L P /De/), Credit Agreement (Simon Property Group L P /De/)
Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could is reasonably likely to subject either the Borrower or any ERISA Affiliate to liability in excess of $500,0001,000,000.
Appears in 2 contracts
Samples: Credit Agreement (SCP Pool Corp), Credit Agreement (SCP Pool Corp)
Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or any ERISA Affiliate to liability in excess of an obligation to pay more than $500,0001,000,000.
Appears in 2 contracts
Samples: Credit Agreement (Dyncorp), Credit Agreement (Dyncorp)
Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the U.S. Borrower or any ERISA Affiliate to liability in excess an obligation to pay a material amount of $500,000money.
Appears in 2 contracts
Samples: Credit Agreement (Freedom Chemical Co), Credit Agreement (Freedom Chemical Co)
Waiver Application. The plan administrator of any Benefit Plan ------------------ applies under Section 412(d) of the Internal Revenue Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower any Credit Party or any ERISA Affiliate to liability in excess of $500,0001,000,000.
Appears in 2 contracts
Samples: Credit Agreement (Rental Service Corp), Credit Agreement (Rental Service Corp)
Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably Lender believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or any ERISA Affiliate to liability in excess of $500,000250,000.
Appears in 2 contracts
Samples: Term Loan Agreement (Kaynar Holdings Inc), Credit Agreement (Kaynar Holdings Inc)
Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Internal Revenue Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or any ERISA Affiliate to liability in excess of $500,0001,000,000.
Appears in 2 contracts
Samples: Term Credit Agreement (General Growth Properties Inc), Revolving Credit Agreement (General Growth Properties Inc)
Waiver Application. The plan administrator of any Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either of the Borrower Borrowers or any ERISA Affiliate to liability in excess of $500,000.
Appears in 2 contracts
Samples: Senior Secured Term Loan Agreement (Washington Prime Group, L.P.), Senior Secured Term Loan Agreement (Washington Prime Group, L.P.)
Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower Borrowers or any ERISA Affiliate to liability in excess of $500,0001,000,000.
Appears in 2 contracts
Samples: Credit Agreement (Timco Aviation Services Inc), Credit Agreement (Aviation Sales Co)
Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Internal Revenue Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or TMC or any ERISA Affiliate to liability in excess of $500,0001,000,000.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Mills Corp), Revolving Credit Agreement (Mills Corp)
Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Payment and Disbursement Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or any ERISA Affiliate to liability in excess of $500,000.
Appears in 1 contract
Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Internal Revenue Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent Co-Agents reasonably believes believe that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or any ERISA Affiliate to liability in excess of $500,0001,000,000.
Appears in 1 contract
Samples: Term Loan Agreement (General Growth Properties Inc)
Waiver Application. The plan administrator of any Benefit ------------------ Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or any ERISA Affiliate to liability in excess of $500,000.
Appears in 1 contract
Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or any ERISA Affiliate to liability in excess of $500,0002,000,000, for which adequate reserves are not maintained.
Appears in 1 contract
Samples: Credit Agreement (Rhi Holdings Inc)
Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Internal Revenue Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Collateral Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or any ERISA Affiliate to liability in excess of $500,0002,000,000, for which adequate reserves are not maintained.
Appears in 1 contract
Samples: Credit Agreement (Fairchild Corp)
Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or any ERISA Affiliate to liability in excess of $500,000which the Administrative Agent determines will or is reasonably likely to have a Material Adverse Effect.
Appears in 1 contract
Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or any ERISA Affiliate to liability in excess of $500,000which will or is reasonably likely to have a Material Adverse Effect.
Appears in 1 contract
Waiver Application. The plan administrator of any Benefit Plan applies ------------------- under Section 412(d) of the Internal Revenue Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either any of the Borrower Company, the Credit Party or any ERISA Affiliate to liability in excess of $500,0001,000,000.
Appears in 1 contract
Samples: Revolving Credit Agreement (General Growth Properties Inc)
Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application appli- cation for the waiver is based could subject either the Borrower or any ERISA Affiliate to liability in excess of $500,000100,000.
Appears in 1 contract
Samples: Revolving Credit Agreement (U S Restaurant Properties Inc)
Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Internal Revenue Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or any ERISA Affiliate to liability in excess of $500,0002,000,000.
Appears in 1 contract
Samples: Revolving and Term Credit Agreement (General Growth Properties Inc)
Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Internal Revenue Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Borrower or TMC or any ERISA Affiliate to liability in excess of $500,0005,000,000.
Appears in 1 contract
Waiver Application. The plan administrator of any Benefit Plan ------------------ applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or any ERISA Affiliate to liability in excess of $500,000which the Administrative Agent determines will or is reasonably likely to have a Material Adverse Effect.
Appears in 1 contract
Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower any GC Party or any ERISA Affiliate to liability in excess of $500,000which will or is reasonably likely to have a Material Adverse Change.
Appears in 1 contract
Waiver Application. The plan administrator of any Plan applies under Section 412(d) of the Internal Revenue Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or any Qualified Borrower, as applicable, or any ERISA Affiliate to liability in excess of $500,0001,000,000.
Appears in 1 contract
Samples: Loans and Payments of Principal (Prometheus Senior Quarters LLC)
Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or any ERISA Affiliate to liability in excess of that exceeds $500,00010,000,000.
Appears in 1 contract
Samples: Loan Agreement (Accredited Mortgage Loan REIT Trust)
Waiver Application. The plan administrator of any Plan applies under Section 412(d412(c) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Borrower or any ERISA Affiliate to liability in excess of $500,0005,000,000.
Appears in 1 contract
Samples: 364 Day Bridge Term Loan Agreement (Washington Prime Group Inc.)
Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or any ERISA Affiliate to liability which will or is reasonably likely to involve an amount in excess of $500,00025,000,000.
Appears in 1 contract
Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Collateral Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower Borrowers or any ERISA Affiliate to liability in excess of $500,0002,000,000, for which adequate reserves are not maintained.
Appears in 1 contract
Samples: Credit Agreement (Fairchild Corp)
Waiver Application. The plan administrator of any Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes Requisite Lenders believe that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or any ERISA Affiliate to liability in excess of $500,000100,000.
Appears in 1 contract
Waiver Application. The plan administrator of any Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower or any ERISA Affiliate to liability in excess of $500,000250,000.
Appears in 1 contract
Samples: Restructuring Support Agreement (Washington Prime Group, L.P.)
Waiver Application. The plan administrator of any Benefit Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the 122 Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower Borrowers or any ERISA Affiliate to liability in excess of $500,0001,000,000.
Appears in 1 contract
Samples: Credit Agreement (Aviation Sales Co)
Waiver Application. The plan administrator of any ------------------ Benefit Plan applies under Section 412(d) of the Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent reasonably believes that the substantial business hardship upon which the application for the waiver is based could subject either the Borrower Parent Guarantor or any ERISA Affiliate to liability in excess of $500,000.
Appears in 1 contract
