Common use of Waiver Application Clause in Contracts

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 Code and the Agent believes that the substantial business hardship upon which the application for the waiver is based is reasonably likely to subject any member of the Borrower Corporate Group to liability in excess of $100,000 or all members of the Borrower Corporate Group in the aggregate to liability in excess of $500,000.

Appears in 1 contract

Samples: Credit Agreement (American Medserve Corp)

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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 Agent believes that the substantial business hardship upon which the application for the waiver is 125 based is reasonably likely to could subject any member of either the Borrower Corporate Group or any ERISA Affiliate to liability in excess of $100,000 or all members of the Borrower Corporate Group in the aggregate 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 Code and the Agent believes that the substantial business hardship upon which the application for the waiver is based is could reasonably likely be expected to subject either the Borrower or any member of the Borrower Corporate Controlled Group to liability in excess of $100,000 or all members of the Borrower Corporate Group in the aggregate to liability in excess of $500,0001,000,000.

Appears in 1 contract

Samples: Credit Agreement (Archibald Candy 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 Code and the Agent believes that the substantial business hardship upon which the application for the waiver is based is reasonably likely to subject any member of the Borrower Corporate Group Loan Parties to liability in excess of $100,000 100,000, individually or all members of the Borrower Corporate Group in the aggregate to liability in excess of $500,000aggregate.

Appears in 1 contract

Samples: Credit Agreement (American Medserve Corp)

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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 Agent believes Majority Holders believe that the substantial business hardship upon which the application for the waiver is based is reasonably likely to could subject either the Issuer or any member of the Borrower Corporate Group ERISA Affiliate to liability in excess of $100,000 or all members of the Borrower Corporate Group in the aggregate to liability in excess of $500,000250,000.

Appears in 1 contract

Samples: Dividend Note Agreement (Kaynar Holdings Inc)

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