Common use of Waiver of Minimum Funding Standard Clause in Contracts

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company or any Controlled Group member to liability in excess of the Threshold Amount.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member to liability individually or in the aggregate in excess of the Threshold Amount$1,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member to liability in excess of the Threshold Amount$1,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member to liability in excess of the Threshold Amount$5,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company or any Controlled Group member to liability in excess of the Threshold Amount$5,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member to liability in excess of the Threshold Amount$2,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the Required Lenders believe the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member of its Subsidiaries to liability individually or in the aggregate in excess of the Threshold Amount.$25,000,000. (M)

Waiver of Minimum Funding Standard. If 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 any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member to liability in excess of the Threshold Amount$1,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company or any Controlled Group member to liability in excess of the Threshold Amount$25,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the Administrative Agent or the Required Lenders believe the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company or any Controlled Group member to liability in excess of the Threshold Amount$5,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any any’ Controlled Group member to liability in excess of the Threshold Amount$3,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member to liability which, in the aggregate, is in excess of the Threshold Amount$1,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Brightpoint or any Controlled Group member to liability individually or in the aggregate in excess of the Threshold Amount$250,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the Required Lenders believe the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member of its Subsidiaries to liability individually or in the aggregate in excess of the Threshold Amount$30,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company or any Controlled Group member to liability in excess of the Threshold Amount$10,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any the Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member to liability individually or in the aggregate in excess of the Threshold Amount$250,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company or any Controlled Group member to liability in excess of the Threshold Amount$20,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender reasonably believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company or any Controlled Group member to liability in excess of the Threshold Amount$30,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the Required Lenders believe the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member of its Subsidiaries to liability individually or in the aggregate in excess of the Threshold Amount$50,000,000.

Waiver of Minimum Funding Standard. If 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 any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either Holdings, the Company or any Controlled Group member ERISA Affiliate to liability in excess of the Threshold Amounta material liability.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the Lenders believe the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member to liability individually or in the aggregate in excess of the Threshold Amount$250,000.00.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member to liability liability, individually or in the aggregate, in excess of the Threshold Amount$2,500,000.

Waiver of Minimum Funding Standard. If the 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 Code and any Lender believes the Administrative Agent or the Required Lenders believe the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company or any Controlled Group member to liability in excess of the Threshold Amount$50,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company or any Controlled Group member Borrower to liability in excess of the Threshold Amount$1,000,000.00.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company a Borrower or any Controlled Group member to liability individually or in the aggregate in excess of the Threshold Amount$15,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member to liability in excess of the Threshold Amount$15,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member to liability in excess of the Threshold Amount$2,000,000. Change of Control. A Change of Control shall occur.

Waiver of Minimum Funding Standard. If the 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 Code and any Lender believes the Administrative Agent or the Required Lenders believe the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company or any Controlled Group member to liability in excess of the Threshold Amount$35,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the Administrative Agent or the Required Lenders believe the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company or any Controlled Group member to liability in excess of the Threshold Amount$20,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the Required Lenders believe the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company or any Controlled Group member of its Subsidiaries to liability individually or in the aggregate in excess of the Threshold Amount.$50,000,000;

Waiver of Minimum Funding Standard. If 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 Code and any Lender Bank believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company cause or any Controlled Group member to liability result in excess of the Threshold Amounta Material Adverse Effect.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the Required Lenders believe the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member to liability individually or in the aggregate in excess of the Threshold Amount$2,500,000.00.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company or any Controlled Group member to liability in excess of the Threshold Amount$50,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company or any Controlled Group member to liability individually or in the aggregate in excess of the Threshold Amount$2,500,000.

Waiver of Minimum Funding Standard. If the 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member to liability in excess of the Threshold Amount$5,000,000.

Waiver of Minimum Funding Standard. If 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 any Lender the Administrative Agent believes the substantial business hardship upon which the application for the waiver is based could has or is reasonably be expected likely to subject either the Company or any Controlled Group member to liability in excess of the Threshold Amounthave a Material Adverse Effect.

Waiver of Minimum Funding Standard. If 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 Code and any the Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member to liability individually or in the aggregate in excess of the Threshold Amount$250,000.00.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Holdings or any Controlled Group member to liability in excess of the Threshold Amount$250,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the Required Lenders believe the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member of its Subsidiaries to liability individually or in the aggregate in excess of the Threshold Amount$30,000,000. Change of Control. A Change of Control shall occur. [Reserved.]

Waiver of Minimum Funding Standard. If the 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 any Lender the Administrative Agent believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected likely to subject either the Company or any Controlled Group member to liability in excess of the Threshold Amounthave a Material Adverse Effect.

Waiver of Minimum Funding Standard. If 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 Code and any Lender the Agent reasonably believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member to liability in excess of the Threshold Amount$1,000,000.

Waiver of Minimum Funding Standard. If 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 any Lender believes the Majority Lenders believe the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either any member of the Company or any Controlled Group member to liability individually or in the aggregate in excess of the Threshold AmountUS$30,000,000.

Waiver of Minimum Funding Standard. If the plan administrator of any Plan applies under Section 412(d412(c) of the Code for a waiver of the “minimum funding standards of standard” (as defined in Section 412(a) 412 of the Code Code) and any Lender reasonably believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company or any Controlled Group member to liability in excess of the Threshold Amount$30,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member to liability in excess of two percent (2%) of the Threshold AmountConsolidated Tangible Net Worth of the Borrower and its Subsidiaries.

Waiver of Minimum Funding Standard. If the 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 Code and any Lender Bank reasonably believes the substantial business hardship upon on which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any member of the Controlled Group member to liability individually or in the aggregate in excess of the Threshold Amount$5,000,000.

Waiver of Minimum Funding Standard. If 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 any Lender believes the Majority Lenders believe the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either any member of the Company or any Controlled Group member to liability individually or in the aggregate in excess of US$30,000,000 or the Threshold Amountequivalent thereof (such aggregate being the aggregate for all members of the Group).

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member to liability in excess of the Threshold Amount$4,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the Required Lenders believe the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Parent or any Controlled Group member of its Subsidiaries to liability individually or in the aggregate in excess of the Threshold Amount.$50,000,000;

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the Required Lenders believe the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member of its Subsidiaries to liability individually or in the aggregate in excess of the Threshold Amount.$50,000,000;

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the Lenders believe the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member to liability individually or in the aggregate in excess of the Threshold Amount$2, 500,000.00.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company or any Controlled Group member to liability in excess of the Threshold Amount.. 67688554_7

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member to liability which individually or in the aggregate could result in liability in excess of the Threshold Amount$4,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company or any Controlled Group member to liability in excess of the Threshold Amount$2,500,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the Administrative Agent or the Required Lenders believe the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company or any Controlled Group member to liability in excess of the Threshold Amount$5,000,000. Change of Control. A Change of Control shall occur.

Waiver of Minimum Funding Standard. If the plan administrator of any Plan applies under Section 412(d412(c) of the Code for a waiver of the “minimum funding standards of standard” (as defined in Section 412(a) 412 of the Code Code) and any Lender believes the Required Lenders reasonably believe the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company or any Controlled Group member to liability in excess of the Threshold Amount$50,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member to liability individually or in the aggregate in excess of the Threshold Amount$5,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member to liability individually or in the aggregate in excess of the Threshold Amount$15,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Parent or any Controlled Group member to liability in excess of the Threshold Amount$1,000,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member to liability in excess of two percent (2%) of the Threshold AmountConsolidated Net Worth of the Borrower and its Subsidiaries.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company or any Controlled Group member to liability in excess of the Threshold AmountFifty Million and 00/100 Dollars ($50,000,000).

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could would reasonably be expected to subject either the Company any Borrower or any Controlled Group member to liability liability, individually or in the aggregate, in excess of the Threshold Amount$500,000.

Waiver of Minimum Funding Standard. If 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 Code and any Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company or any Controlled Group member to liability in excess of the Threshold Amount.. Change of Control. A Change of Control shall occur. 90287928_3

Waiver of Minimum Funding Standard. If 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 Code and any the Lender believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Company Borrower or any Controlled Group member to liability individually or in the aggregate in excess of the Threshold Amount$250,000.00.