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 Internal Revenue Code for a waiver of the minimum funding standards of Section 412(a) of the Internal Revenue Code and the Administrative Agent believes that the substantial business hardship upon which the application for the waiver is based could subject any Borrower or any ERISA Affiliate to liability in excess of $2,000,000.

Appears in 2 contracts

Samples: Credit Agreement (NMHG Holding Co), Credit Agreement (Hyster Overseas Capital Corp LLC)

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Waiver of Minimum Funding Standard. If the plan administrator of any Plan applies under Section 412(d412(c) 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 believes that the substantial business hardship upon which the application for the waiver is based could subject any Borrower or any ERISA Affiliate to liability in excess of $2,000,000.

Appears in 2 contracts

Samples: Credit Agreement (Nacco Industries Inc), Credit Agreement (Nacco Industries Inc)

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 the Administrative Agent believes that the substantial business hardship upon which the application for the waiver is based could subject any the Borrower or any ERISA Affiliate to liability in excess of $2,000,000the Threshold Amount.

Appears in 1 contract

Samples: Credit Agreement (MDC Partners Inc)

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Waiver of Minimum Funding Standard. If the plan administrator of any Plan applies under Section 412(d412(c) 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 believes that the substantial business hardship upon which the application for the waiver is based could subject any Borrower Credit Party or any ERISA Affiliate to liability in excess of $2,000,000.

Appears in 1 contract

Samples: Credit Agreement (Nacco Industries Inc)

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