Common use of Plans and Benefit Arrangements Clause in Contracts

Plans and Benefit Arrangements. The Borrower shall not, and shall not permit any member of the ERISA Group to: (i) fail to satisfy the minimum funding requirements of ERISA and the Internal Revenue Code with respect to any Plan; (ii) request a minimum funding waiver from the Internal Revenue Service with respect to any Plan; (iii) engage in a Prohibited Transaction with any Plan, Benefit Arrangement or Multiemployer Plan which, alone or in conjunction with any other circumstances or set of circumstances resulting in liability under ERISA, would constitute a Material Adverse Change; (iv) fail to make when due any contribution to any Multiemployer Plan that the Borrower or any member of the ERISA Group may be required to make under any agreement relating to such Multiemployer Plan, or any Law pertaining thereto; (v) withdraw (completely or partially) from any Multiemployer Plan or be deemed under Section 4062(e) of ERISA to withdraw from any Multiple Employer Plan, where any such withdrawal is likely to result in a material liability of the Borrower or any member of the ERISA Group; (vi) terminate, or institute proceedings to terminate, any Plan, where such termination is likely to result in a material liability to the Borrower or any member of the ERISA Group; (vii) make any amendment to any Plan with respect to which security is required under Section 307 of ERISA; or (viii) fail to give any and all notices and make all disclosures and governmental filings required under ERISA or the Internal Revenue Code, where such failure is likely to result in a Material Adverse Change.

Plans and Benefit Arrangements. The Borrower shall not, and shall not permit any member None of the ERISA Group toLoan Parties shall: (i) fail to satisfy the minimum funding requirements of ERISA and the Internal Revenue Code with respect to any Plan; (ii) request a minimum funding waiver from the Internal Revenue Service with respect to any Plan; (iii) engage in a Prohibited Transaction with any Plan, Benefit Arrangement or Multiemployer Plan which, alone or in conjunction with any other circumstances or set of circumstances resulting in liability under ERISA, would constitute a Material Adverse Change; (iv) fail to make when due due, after the application of any grace period, any contribution to any Multiemployer Plan that the Borrower or any member of the ERISA Group may be required to make under any agreement relating to such Multiemployer Plan, or any Law pertaining thereto, that, either singularly or when aggregated with other past due contributions, constitutes a material amount; (v) withdraw (completely or partially) from any Multiemployer Plan or withdraw (or be deemed under Section 4062(e) of ERISA to withdraw withdraw) from any Multiple Employer Plan, where any such withdrawal is likely to result in a material liability of the Borrower or any member of the ERISA Group; (vi) terminate, or institute proceedings to terminate, any Plan, where such termination is likely to result in a material liability to the Borrower or any member of the ERISA Group; (vii) make any amendment to any Plan with respect to which security is required under Section 307 of ERISA; or (viii) fail to give any and all notices and make all disclosures and governmental filings required under ERISA or the Internal Revenue Code, where such failure is likely to result in a Material Adverse Change.

Plans and Benefit Arrangements. The Borrower shall not, and shall not permit any cause each member of the ERISA Group toto not: (i1) fail to satisfy the minimum funding requirements of ERISA and the Internal Revenue Code with respect to any Plan; (ii2) request a minimum funding waiver from the Internal Revenue Service with respect to any Plan; (iii3) engage in a Prohibited Transaction with respect to any Plan, Benefit Arrangement or Multiemployer Plan which, alone or in conjunction with any other circumstances or set of circumstances resulting in liability under ERISA, would constitute a Material Adverse Change; (iv4) fail to make when due any contribution or any other payment to any Multiemployer Plan that the Borrower or any member of the ERISA Group may be required to make under any agreement relating to such Multiemployer Plan, or any Law pertaining thereto; (v5) withdraw (completely or partially) from any Multiemployer Plan or withdraw (or be deemed under Section 4062(e) of ERISA to withdraw withdraw) from any Multiple Employer Plan, where any such withdrawal withdrawal, alone or in conjunction with any other circumstances or set of circumstances resulting in liability under ERISA, is likely to result in a material liability of the Borrower or any member of the ERISA Group; (vi6) terminate, or institute proceedings to terminate, any PlanPlan under Section 4041 of ERISA, where such termination is likely to result in a material liability to the Borrower or any member of the ERISA Group; (vii7) make any amendment to any Plan with respect to which security is required under in violation or contradiction of Section 307 436 of ERISAthe Code; or (viii) 8) fail to give any and all notices and make all disclosures and governmental filings required under ERISA or the Internal Revenue CodeCode (including, without limitation, those with respect to a Reportable Event), where such failure is likely to result in a Material Adverse Change.

Plans and Benefit Arrangements. The Borrower Each of the Loan Parties shall not, and shall not permit any member of the ERISA Group its Subsidiaries to: (i) : fail to satisfy the minimum funding requirements of ERISA and the Internal Revenue Code with respect to any Plan; (ii) ; request a minimum funding waiver from the Internal Revenue Service with respect to any Plan; (iii) ; engage in a Prohibited Transaction with any Plan, Benefit Arrangement or Multiemployer Plan which, alone or in conjunction with any other circumstances or set of circumstances resulting in liability under ERISA, would constitute a Material Adverse Change; (iv) ; [intentionally omitted]; fail to make when due any contribution to any Multiemployer Plan that the a Borrower or any member of the ERISA Group may be required to make under any agreement relating to such Multiemployer Plan, or any Law pertaining thereto; (v) ; withdraw (completely or partially) from any Multiemployer Plan or withdraw (or be deemed under Section 4062(e) of ERISA to withdraw withdraw) from any Multiple Employer Plan, where any such withdrawal is likely to result in a material liability of the a Borrower or any member of the ERISA Group; (vi) ; terminate, or institute proceedings to terminate, any Plan, where such termination is likely to result in a material liability to the a Borrower or any member of the ERISA Group; (vii) ; make any amendment to any Plan with respect to which security is required under Section 307 of ERISA; or (viii) or fail to give any and all notices and make all disclosures and governmental filings required under ERISA or the Internal Revenue Code, where such failure is likely to result in a Material Adverse Change.

Plans and Benefit Arrangements. The Borrower Each of the Loan Parties shall not, and shall not permit any member of the ERISA Group its Subsidiaries to: (i) fail to satisfy the minimum funding requirements of ERISA and the Internal Revenue Code with respect to any Plan; (ii) request a minimum funding waiver from the Internal Revenue Service IRS with respect to any Plan; (iii) engage in a Prohibited Transaction with any Plan, Benefit Arrangement or Multiemployer Plan which, alone or in conjunction with any other circumstances or set of circumstances resulting in liability under ERISA, would constitute a Material Adverse Change; (iv) fail to make when due any contribution to any Multiemployer Plan that the a Borrower or any member of the ERISA Group may be required to make under any agreement relating to such Multiemployer Plan, or any Law pertaining thereto; (v) withdraw (completely or partially) from any Multiemployer Plan or withdraw (or be deemed under Section 4062(e) of ERISA to withdraw withdraw) from any Multiple Employer Plan, where any such withdrawal is likely to result in a material liability an Event of the Borrower or any member of the ERISA GroupDefault under section 9.1.9; (vi) terminate, or institute proceedings to terminate, any Plan, where such termination is likely to result in a material liability to the a Borrower or any member of the ERISA Group; (vii) make any amendment to any Plan with respect to which security is required under Section 307 of ERISA; or (viii) fail to give any and all notices and make all disclosures and governmental filings required under ERISA or the Internal Revenue Code, where such failure is likely to result in a Material Adverse Change.

Plans and Benefit Arrangements. The Borrower shall not, and shall ------------------------------ not permit any member of the ERISA Group to: (ia) fail to satisfy the minimum funding requirements of ERISA and the Internal Revenue Code with respect to any Plan; (iib) request a minimum funding waiver from the Internal Revenue Service with respect to any Plan; (iiic) engage in a Prohibited Transaction with any Plan, Benefit Arrangement or Multiemployer Plan which, alone or in conjunction with any other circumstances or set of circumstances resulting in liability under ERISA, would constitute a Material Adverse Change; (ivd) fail to make when due any contribution to any Multiemployer Plan that the Borrower or any member of the ERISA Group may be required to make under any agreement relating to such Multiemployer Plan, or any Law pertaining thereto; (ve) withdraw (completely or partially) from any Multiemployer Plan or be deemed under Section 4062(e) of ERISA to withdraw from any Multiple --------------- Employer Plan, where any such withdrawal is likely to result in a material liability of the Borrower or any member of the ERISA Group; (vif) terminate, or institute proceedings to terminate, any Plan, where such termination is likely to result in a material liability to the Borrower or any member of the ERISA Group; (viig) make any amendment to any Plan with respect to which security is required under Section 307 of ERISA; or (viiih) fail to give any and all notices and make all disclosures and governmental filings required under ERISA or the Internal Revenue Code, where such failure is likely to result in a Material Adverse Change.

Plans and Benefit Arrangements. The Borrower Each of the Loan Parties shall not, and shall not permit any member of the ERISA Group its Subsidiaries to: (i) fail to satisfy the minimum funding requirements of ERISA and the Internal Revenue Code with respect to any Plan; (ii) request a minimum funding waiver from the Internal Revenue Service with respect to any Plan; (iii) engage in a Prohibited Transaction with any Plan, Plan or Benefit Arrangement or Multiemployer Plan which, alone or in conjunction with any other circumstances or set of circumstances resulting in liability under ERISA, would constitute a Material Adverse Change; (iv) fail permit the aggregate actuarial present value of all benefit liabilities (whether or not vested) under each Plan, determined on a plan termination basis, as disclosed in the most recent actuarial report completed with respect to make when due such Plan, to exceed, as of any contribution to any Multiemployer Plan that actuarial valuation date, the Borrower or any member fair market value of the ERISA Group may be required to make under any agreement relating to assets of such Multiemployer Plan, or any Law pertaining thereto; (v) withdraw (completely or partially) from any Multiemployer Plan or be deemed under Section 4062(e) of ERISA to withdraw from any Multiple Employer Plan, where any such withdrawal is likely to result in a material liability of the Borrower or any member of the ERISA Group; (vi) terminate, or institute proceedings to terminate, any Plan, where such termination is likely to result in a material liability to the Borrower Borrowers or any member of the ERISA Group; (viivi) make any amendment to any Plan with respect to which security is required under Section 307 of ERISA; or; (viiivii) fail to give any and all notices and make all disclosures and governmental filings required under ERISA or the Internal Revenue Code, where such failure is likely to result in a Material Adverse Change; or (viii) commence participation in or contribute to any Multiemployer Plan or Multiple Employer Plan.

Plans and Benefit Arrangements. The Borrower shall not, and ------------------------------ shall not permit any member of the ERISA Group to: (ia) fail to satisfy the minimum funding requirements of ERISA and the Internal Revenue Code with respect to any Plan; (iib) request a minimum funding waiver from the Internal Revenue Service with respect to any Plan; (iiic) engage in a Prohibited Transaction with any Plan, Benefit Arrangement or Multiemployer Plan which, alone or in conjunction with any other circumstances or set of circumstances resulting in liability under ERISA, would constitute result in a Material Adverse Change; (ivd) fail to make when due any contribution to any Multiemployer Plan that the Borrower or any member of the ERISA Group may be required to make under any agreement relating to such Multiemployer Plan, or any Law pertaining thereto; (ve) withdraw (completely or partially) from any Multiemployer Plan or be deemed under Section 4062(e) of ERISA to withdraw from any Multiple --------------- Employer Plan, where any such withdrawal is likely to result in a material liability of the Borrower or any member of the ERISA Group; (vif) terminate, or institute proceedings to terminate, any Plan, where such termination is likely to result in a material liability to the Borrower or any member of the ERISA Group; (viig) make any amendment to any Plan with respect to which security is required under Section 307 of ERISA; or (viiih) fail to give any and all notices and make all disclosures and governmental filings required under ERISA or the Internal Revenue Code, where such failure is likely to result in a Material Adverse Change.

Plans and Benefit Arrangements. The Borrower Each of the Loan Parties shall not, and shall not permit any member of the ERISA Group its Subsidiaries to: (i) fail to satisfy the minimum funding requirements of ERISA and the Internal Revenue Code with respect to any Plan; (ii) request a minimum funding waiver from the Internal Revenue Service with respect to any Plan; (iii) engage in a Prohibited Transaction with any Plan, Benefit Arrangement or Multiemployer Plan which, alone or in conjunction with any other circumstances or set of circumstances resulting in liability under ERISA, would constitute a Material Adverse Change; (iv) fail to make when due any contribution to any Multiemployer Plan that the Borrower or any member of the ERISA Group may be required to make under any agreement relating to such Multiemployer Plan, or any Law pertaining thereto; (v) withdraw (completely or partially) from any Multiemployer Plan or withdraw (or be deemed under Section 4062(e) of ERISA to withdraw withdraw) from any Multiple Employer Plan, where any such withdrawal is likely to result in a material liability of the Borrower or any member of the ERISA Group; (vi) terminate, or institute proceedings to terminate, any PlanPlan under Section 4041 of ERISA, where such termination is likely to result in a material liability to the Borrower or any member of the ERISA Group; (vii) make any amendment to any Plan with respect to which security is required under in violation of Section 307 436(c) of ERISAthe Code; or (viii) fail to give any and all notices and make all disclosures and governmental filings required under ERISA or the Internal Revenue Code, where such failure is likely to result in a Material Adverse Change.

Plans and Benefit Arrangements. The Borrower Each of the Loan Parties shall not, and shall not permit any member of the ERISA Group its Subsidiaries to: (i1) fail to satisfy the minimum funding requirements of ERISA and the Internal Revenue Code with respect to any Plan; (ii2) request a minimum funding waiver from the Internal Revenue Service with respect to any Plan; (iii3) engage in a Prohibited Transaction with any Plan, Benefit Arrangement or Multiemployer Plan which, alone or in conjunction with any other circumstances or set of circumstances resulting in liability under ERISA, would constitute a Material Adverse Change; (iv4) fail to make when due any contribution to any Multiemployer Plan that the Borrower or any member of the ERISA Group may be required to make under any agreement relating to such Multiemployer Plan, or any Law pertaining thereto; (v5) withdraw (completely or partially) from any Multiemployer Plan or withdraw (or be deemed under Section 4062(e) of ERISA to withdraw withdraw) from any Multiple Employer Plan, where any such withdrawal is likely to result in a material liability of the Borrower or any member of the ERISA Group; (vi6) terminate, or institute proceedings to terminate, any PlanPlan under Section 4041 of ERISA, where such termination is likely to result in a material liability to the Borrower or any member of the ERISA Group; (vii7) make any amendment to any Plan with respect to which security is required under in violation of Section 307 436(c) of ERISAthe Internal Revenue Code; or (viii) 8) fail to give any and all notices and make all disclosures and governmental filings required under ERISA or the Internal Revenue Code, where such failure is likely to result in a Material Adverse Change.

Plans and Benefit Arrangements. The Borrower shall not, and shall not permit any member of the ERISA Group to: (i) fail to satisfy the minimum funding requirements of ERISA and the Internal Revenue Code with respect to any Plan; (ii) request a minimum funding waiver from the Internal Revenue Service with respect to any Plan; (iii) engage in a Prohibited Transaction with any Plan, Benefit Arrangement or Multiemployer Plan which, alone or in conjunction with any other circumstances or set of circumstances resulting in liability under ERISA, would constitute a Material Adverse Change; (iv) fail to make when due any contribution to any Multiemployer Plan that the Borrower or any member of the ERISA Group may be required to make under any agreement relating to such Multiemployer Plan, or any Law pertaining thereto; (v) withdraw (completely or partially) from any Multiemployer Plan or be deemed under Section 4062(e) of ERISA to withdraw from any Multiple --------------- Employer Plan, where any such withdrawal is likely to result in a material liability of the Borrower or any member of the ERISA Group; (vi) terminate, or institute proceedings to terminate, any Plan, where such termination is likely to result in a material liability to the Borrower or any member of the ERISA Group; (vii) make any amendment to any Plan with respect to which security is required under Section 307 of ERISA; or (viii) fail to give any and all notices and make all disclosures and governmental filings required under ERISA or the Internal Revenue Code, where such failure is likely to result in a Material Adverse Change.