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 Borrower or any Controlled Group member to liability, individually or in the aggregate, in excess of $7,500,000.

Appears in 2 contracts

Samples: Credit Agreement (Spartan Stores Inc), Credit Agreement (Spartan Stores Inc)

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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 Borrower or any Controlled Group member to liability, individually or in the aggregate, liability in excess of $7,500,00010,000,000.

Appears in 2 contracts

Samples: Term Credit Agreement (Ball Corp), Long Term Credit Agreement (Ball Corp)

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 Borrower or any Controlled Group member to liability, liability individually or in the aggregate, aggregate in excess of $7,500,0002,000,000.

Appears in 1 contract

Samples: Credit Agreement (Huttig Building Products Inc)

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 Borrower or any Controlled Group member to liability, individually or in the aggregate, liability in excess of $7,500,0001,000,000 .

Appears in 1 contract

Samples: Credit Agreement (Binks Sames Corp)

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 any Borrower or any Controlled Group member to liability, individually or in the aggregate, liability in excess of $7,500,0002,000,000.

Appears in 1 contract

Samples: Credit Agreement (American Architectural Products Corp)

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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 Borrower or any Controlled Group member to liability, liability individually or in the aggregate, aggregate in excess of One Million Five Hundred Thousand Dollars ($7,500,0001,500,000).

Appears in 1 contract

Samples: Credit Agreement (Transportation Components Inc)

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 Majority Holders reasonably believe the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Borrower Company or any Controlled Group member to liability, individually or in the aggregate, liability in excess of $7,500,000.1,000,000;

Appears in 1 contract

Samples: Note Purchase Agreement (Binks Sames Corp)

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 Holder believes the substantial business hardship upon which the application for the waiver is based could reasonably be expected to subject either the Borrower Company or any Controlled Group member to liability, individually or in the aggregate, liability in excess of $7,500,0001,000,000.

Appears in 1 contract

Samples: Note Purchase Agreement (Wabash National Corp /De)

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