Common use of Prohibited Actions Clause in Contracts

Prohibited Actions. The Company shall not, and shall not permit any ERISA Affiliate to: (i) engage in any “prohibited transaction” (as such term is defined in section 406 of ERISA or section 4975 of the IRC) or “reportable event” (as such term is defined in section 4043 of ERISA) that would result in the imposition of a material tax or penalty; (ii) incur with respect to any Pension Plan any “accumulated funding deficiency” (as such term is defined in section 302 of ERISA), whether or not waived; (iii) terminate any Pension Plan in a manner that could result in (A) the imposition of a Lien on the Property of the Company or any Subsidiary pursuant to section 4068 of ERISA or (B) the creation of any liability under section 4062 of ERISA; (iv) fail to make any payment required by section 515 of ERISA; or (v) be an “employer” (as such term is defined in section 3 of ERISA) required to contribute to any Multiemployer Plan or a “substantial employer” (as such term is defined in section 4001 of ERISA) required to contribute to any Multiple Employer Pension Plan if, at such time, it could reasonably be expected that the Company or any Subsidiary will incur withdrawal liability in respect of such Multiemployer Plan and such liability, if incurred, together with the aggregate amount of all other withdrawal liability as to which there is a reasonable expectation of incurrence by the Company or any Subsidiary under any one or more Multiemployer Plans, could reasonably be expected to have a Material Adverse Effect.

Prohibited Actions. The Company shall will not, and shall will not permit any ERISA Affiliate to: (i) engage in any “"prohibited transaction” " (as such term is defined in section 406 of ERISA or section 4975 of the IRC) or “reportable event” (as such term is defined in section 4043 of ERISA) that would result in the imposition of a material tax or penalty; (ii) incur with respect to any Pension Plan any “"accumulated funding deficiency” " (as such term is defined in section 302 of ERISA), whether or not waived; (iii) terminate any Pension Plan in a manner that could result in (A) in the imposition of a Lien on the Property of the Company or any Subsidiary pursuant to section 4068 of ERISA or (B) or the creation of any liability under section 4062 of ERISA; (iv) fail to make any payment required by section 515 of ERISA; or (v) at any time be an “"employer” " (as such term is defined in section 3 3(5) of ERISA) required to contribute to any Multiemployer Plan or a “"substantial employer” " (as such term is defined in section 4001 of ERISA) required to contribute to any Multiple Employer Pension Plan if, at such time, it could reasonably be expected that the Company or any Subsidiary will incur withdrawal liability in respect of such Multiemployer Plan or Multiple Employer Pension Plan and such liability, if incurred, together with the aggregate amount of all other withdrawal liability as to which there is a reasonable expectation of incurrence by the Company or any Subsidiary under any one or more Multiemployer Plans or Multiple Employer Pension Plans, could reasonably be expected to have a Material Adverse Effect.

Prohibited Actions. The Company shall will not, and shall will not permit any ERISA Affiliate to: (i) engage in any “"prohibited transaction” " (as such term is defined in section 406 of ERISA or section 4975 of the IRC) or “reportable event” (as such term is defined in section 4043 of ERISA) that would result in the imposition of a material tax or penalty; (ii) incur with respect to any Pension Plan any “"accumulated funding deficiency” " (as such term is defined in section 302 of ERISA), whether or not waived; (iii) terminate any Pension Plan in a manner that could result in (A) the imposition of a Lien on the Property of the Company or any Subsidiary pursuant to section 4068 of ERISA ERISA, or (B) the creation of any liability under section 4062 of ERISA; (iv) fail to make any payment required by section 515 of ERISA; or (v) at any time be an “"employer” " (as such term is defined in section 3 3(5) of ERISA) required to contribute to any Multiemployer Plan or a “substantial employer” (as such term is defined in section 4001 of ERISA) required to contribute to any Multiple Employer Pension Plan if, at such time, it could reasonably be expected that the Company or any Restricted Subsidiary will incur withdrawal liability in respect of such Multiemployer Plan and such liability, if incurred, together with the aggregate amount of all other withdrawal liability as to which there is a reasonable expectation of incurrence by the Company or any Restricted Subsidiary under any one or more Multiemployer Plans, could reasonably be expected to have a Material Adverse Effect.

Prohibited Actions. The Company shall will not, and shall will not permit any ERISA Affiliate to: (i) engage in any “"prohibited transaction” " (as such term is defined in section 406 of ERISA or section 4975 of the IRC) or “permit to occur or exist any "reportable event” " (as such term is defined in section 4043 of ERISA) that would could result in the imposition of a material tax or penalty; (ii) incur with respect to any Pension Plan any “"accumulated funding deficiency” " (as such term is defined in section 302 of ERISA), whether or not waived; (iii) terminate any Pension Plan in a manner that could result in (A) in the imposition of a Lien on the Property of the Company or any Subsidiary pursuant to section 4068 of ERISA or (B) or the creation of any liability under section 4062 of ERISA; (iv) fail to make any payment required by section 515 of ERISA; or; (v) be an “employer” (as such term is defined in section 3 incur any withdrawal liability under Title IV of ERISA) required to contribute ERISA with respect to any Multiemployer Plan or any liability as a “substantial employer” result of the termination of any Multiemployer Plan; or (as such term is defined in section 4001 vi) incur any liability or permit the existence of ERISA) required to contribute to any Multiple Employer Pension Plan if, at such time, it could reasonably be expected that Lien on the Property of the Company or any Subsidiary will incur withdrawal liability ERISA Affiliate, in respect either case pursuant to Title I or Title IV of such Multiemployer Plan and such liability, ERISA or pursuant to the penalty or excise tax or security provisions of the IRC; if incurred, together with the aggregate amount of all the taxes, penalties, funding deficiencies, interest, amounts secured by Liens, and other withdrawal liability as to which there is a reasonable expectation liabilities in respect of incurrence by any of the Company or foregoing at any Subsidiary under any one or more Multiemployer Plans, time could reasonably be expected to have a Material Adverse Effect.

Prohibited Actions. The Each of the Parent and the Company shall will not, and shall will not permit any ERISA Affiliate to: (i) engage in any “"prohibited transaction” " (as such term is defined in section 406 of ERISA or section 4975 of the IRC) or “reportable event” (as such term is defined in section 4043 of ERISA) that would result in the imposition of a material tax or penalty; (ii) incur with respect to any Pension Plan any “material "accumulated funding deficiency” " (as such term is defined in section 302 of ERISA), whether or not waived; (iii) terminate any Pension Plan in a manner that could result in (A) in Exhibit A-3 10 the imposition of a Lien on the Property of the Parent, the Company or any Subsidiary pursuant to section 4068 of ERISA or (B) or the creation of any liability under section 4062 of ERISA; (iv) fail to make any payment required by section 515 of ERISA; or (v) at any time be an “"employer” " (as such term is defined in section 3 of ERISA) required to contribute to any Multiemployer Plan or a “"substantial employer” " (as such term is defined in section 4001 of ERISA) required to contribute to any Multiple Employer Pension Plan if, at such time, it could reasonably be expected that the Parent, the Company or any Subsidiary will incur withdrawal liability in respect of such Multiemployer Plan and such liability, or Multiple Employer Pension Plan if incurred, together with the aggregate amount of all the taxes, penalties, funding deficiencies, interest or other withdrawal liability as to which there is a reasonable expectation amounts and any other liabilities in respect of incurrence by any of the Company or any Subsidiary under any one or more Multiemployer Plans, foregoing could reasonably be expected to have a Material Adverse Effect.

Prohibited Actions. The Company shall not, and shall not permit any ERISA Affiliate to: (i) engage in any “"prohibited transaction” " (as such term is defined in section 406 of ERISA or section 4975 of the IRC) or “"reportable event” " (as such term is defined in section 4043 of ERISA) that would result in the imposition of a material tax or penalty; (ii) incur with respect to any Pension Plan any “"accumulated funding deficiency” " (as such term is defined in section 302 of ERISA), whether or not waived; (iii) terminate any Pension Plan in a manner that could result in (A) the imposition of a Lien on the Property of the Company or any Subsidiary pursuant to section 4068 of ERISA or (B) the creation of any liability under section 4062 of ERISA; (iv) fail to make any payment required by section 515 of ERISA; or (v) be an “"employer” " (as such term is defined in section 3 of ERISA) required to contribute to any Multiemployer Plan or a “"substantial employer” " (as such term is defined in section 4001 of ERISA) required to contribute to any Multiple Employer Pension Plan if, at such time, it could reasonably be expected that the Company or any Subsidiary will incur withdrawal liability in respect of such Multiemployer Plan and such liability, if incurred, together with the aggregate amount of all other withdrawal liability as to which there is a reasonable expectation of incurrence by the Company or any Subsidiary under any one or more Multiemployer Plans, could reasonably be expected to have a Material Adverse Effect.

Prohibited Actions. The Company shall not, and shall not permit any ERISA Affiliate to: (iI) engage in any “"prohibited transaction” " (as such term is defined in section 406 of ERISA or section 4975 of the IRC) or “"reportable event” " (as such term is defined in section 4043 of ERISA) that would result in the imposition of a material tax or penalty; (iiII) incur with respect to any Pension Plan any “"accumulated funding deficiency” " (as such term is defined in section 302 of ERISA), whether or not waived; (iiiIII) terminate any Pension Plan in a manner that could result in (A) the imposition of a Lien on the Property of the Company or any Subsidiary pursuant to section 4068 of ERISA or (B) the creation of any liability under section 4062 of ERISA; (ivIV) fail to make any payment required by section 515 of ERISA; or (vV) be an “"employer” " (as such term is defined in section 3 of ERISA) required to contribute to any Multiemployer Plan or a “"substantial employer” " (as such term is defined in section 4001 of ERISA) required to contribute to any Multiple Employer Pension Plan if, at such time, it could reasonably be expected that the Company or any Subsidiary will incur withdrawal liability in respect of such Multiemployer Plan and such liability, if incurred, together with the aggregate amount of all other withdrawal liability as to which there is a reasonable expectation of incurrence by the Company or any Subsidiary under any one or more Multiemployer Plans, could reasonably be expected to have a Material Adverse Effect.

Prohibited Actions. The Company shall will not, and shall will not permit any ERISA Affiliate to: (i) engage in any “"prohibited transaction” " (as such term is defined in section 406 of ERISA or section 4975 of the IRC) or “reportable event” (as such term is defined in section 4043 of ERISA) that would result in the imposition of a material tax or penalty; (ii) incur with respect to any Pension Plan any “"accumulated funding deficiency” " (as such term is defined in section 302 of ERISA), whether or not waived; (iii) terminate any Pension Plan in a manner that could result in (A) the imposition of a Lien on the Property of the Company or any Subsidiary pursuant to section 4068 of ERISA ERISA, or (B) the creation of any liability under section 4062 of ERISA; (iv) fail to make any payment required by section 515 of ERISA; or (v) at any time be an “"employer” " (as such term is defined in section 3 3(5) of ERISA) required to contribute to any Multiemployer Plan or a “substantial employer” (as such term is defined in section 4001 of ERISA) required to contribute to any Multiple Employer Pension Plan if, at such time, it could reasonably be expected that the Company or any Subsidiary will incur withdrawal liability in respect of such Multiemployer Plan and such liability, if incurred, together with the aggregate amount of all other withdrawal liability as to which there is a reasonable expectation of incurrence by the Company or any Subsidiary under any one or more Multiemployer Plans, would have, or could reasonably be expected to have have, a Material Adverse Effect.

Prohibited Actions. The Company shall will not, and shall will not permit any ERISA Affiliate to: (i) engage in any “"prohibited transaction” " (as such term is defined in section 406 of ERISA or section 4975 of the IRC) or “reportable event” (as such term is defined in section 4043 of ERISA) that would result in the imposition of a material tax or penaltypenalty that could reasonably be expected to have a Material Adverse Effect; (ii) incur with respect to any Pension Plan any “"accumulated funding deficiency” " (as such term is defined in section 302 of ERISA), whether or not waived; (iii) terminate any Pension Plan in a manner that could result in (A) the imposition of a Lien on the Property of the Company or any Subsidiary pursuant to section 4068 of ERISA or (B) the creation of any liability under section 4062 of ERISAERISA that could reasonably be expected to have a Material Adverse Effect; (iv) fail to make any payment required by section 515 of ERISAERISA that could reasonably be expected to have a Material Adverse Effect; or (v) at any time be an “"employer” " (as such term is defined in section 3 3(5) of ERISA) required to contribute to any Multiemployer Plan or a “substantial employer” (as such term is defined in section 4001 of ERISA) required to contribute to any Multiple Employer Pension Plan if, at such time, it could reasonably be expected that the Company or any Subsidiary will incur withdrawal liability in respect of such Multiemployer Plan and such liability, if incurred, together with the aggregate amount of all other withdrawal liability as to which there is a reasonable expectation of incurrence by the Company or any Subsidiary under any one or more Multiemployer Plans, could reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the business, Properties or condition (financial or otherwise) of the Company and the Subsidiaries, taken as a whole, or the ability of the Company to perform its obligations set forth in the Financing Documents.

Prohibited Actions. The Company shall will not, and shall will not permit any ERISA Affiliate to: (i) engage in any “"prohibited transaction” " (as such term is defined in section 406 of ERISA or section 4975 of the IRC) or “reportable event” (as such term is defined in section 4043 of ERISA) that would result in the imposition of a material tax or penalty; (ii) incur with respect to any Pension Plan any “"accumulated funding deficiency” " (as such term is defined in section 302 of ERISA), whether or not waived; (iii) terminate any Pension Plan in a manner that could result in (A) the imposition of a Lien on the Property of the Company or any Subsidiary pursuant to section 4068 of ERISA ERISA, or (B) the creation of any liability under section 4062 of ERISA; (iv) fail to make any payment required by section 515 of ERISA; or (v) at any time be an “"employer” " (as such term is defined in section 3 3(5) of ERISA) required to contribute to any Multiemployer Plan or a “substantial employer” (as such term is defined in section 4001 of ERISA) required to contribute to any Multiple Employer Pension Plan if, at such time, it could reasonably be expected that the Company or any Subsidiary will incur withdrawal liability in respect of such Multiemployer Plan and such liability, if incurred, together with the aggregate amount of all other withdrawal liability as to which there is a reasonable expectation of incurrence by the Company or any Subsidiary under any one or more Multiemployer Plans, could reasonably be expected to have a Material Adverse Effect.

Prohibited Actions. The Each of the Parent and the Company shall will not, and shall will not permit any ERISA Affiliate to: (i) engage in any “"prohibited transaction” " (as such term is defined in section 406 of ERISA or section 4975 of the IRC) or “reportable event” (as such term is defined in section 4043 of ERISA) that would result in the imposition of a material tax or penalty; (ii) incur with respect to any Pension Plan any “material "accumulated funding deficiency” " (as such term is defined in section 302 of ERISA), whether or not waived; (iii) terminate any Pension Plan in a manner that could result in (A) in the imposition of a Lien on the Property of the Parent, the Company or any Subsidiary pursuant to section 4068 of ERISA or (B) or the creation of any liability under section 4062 of ERISA; (iv) fail to make any payment required by section 515 of ERISA; or (v) at any time be an “"employer” " (as such term is defined in section 3 of ERISA) required to contribute to any Multiemployer Plan or a “"substantial employer” " (as such term is defined in section 4001 of ERISA) required to contribute to any Multiple Employer Pension Plan if, at such time, it could reasonably be expected that the Parent, the Company or any Subsidiary will incur withdrawal liability in respect of such Multiemployer Plan and such liability, or Multiple Employer Pension Plan if incurred, together with the aggregate amount of all the taxes, penalties, funding deficiencies, interest or other withdrawal liability as to which there is a reasonable expectation amounts and any other liabilities in respect of incurrence by any of the Company or any Subsidiary under any one or more Multiemployer Plans, foregoing could reasonably be expected to have a Material Adverse Effect.

Prohibited Actions. The Company shall will not, and shall will not permit any ERISA Affiliate to: (i) engage in any “"prohibited transaction” " (as such term is defined in section 406 of ERISA or section 4975 of the IRC) or “"reportable event” " (as such term is defined in section 4043 of ERISA) that would could result in the imposition of a material tax or penalty; (ii) incur with respect to any Pension Plan any “"accumulated funding deficiency” " (as such term is defined in section 302 of ERISA), whether or not waived; (iii) terminate any Pension Plan in a manner that could result in (A) in the imposition of a Lien on the Property of the Company or any Subsidiary pursuant to section 4068 of ERISA or (B) or the creation of any liability under section 4062 of ERISA; (iv) fail to make any payment required by section 515 of ERISA; or; (v) be an “employer” (as such term is defined in section 3 incur any withdrawal liability under Title IV of ERISA) required to contribute ERISA with respect to any Multiemployer Plan or any liability as a “substantial employer” result of the termination of any Multiemployer Plan; or (as such term is defined in section 4001 vi) incur any liability or suffer the existence of ERISA) required to contribute to any Multiple Employer Pension Plan if, at such time, it could reasonably be expected that Lien on the Property of the Company or any Subsidiary will incur withdrawal liability ERISA Affiliate, in respect either case pursuant to Title I or Title IV of such Multiemployer Plan and such liabilityERISA or pursuant to the penalty or excise tax or security provisions of the IRC, if incurred, together with the aggregate amount of all the taxes, penalties, funding deficiencies, interest, amounts secured by Liens, and other withdrawal liability as to which there is a reasonable expectation liabilities in respect of incurrence by any of the Company or foregoing at any Subsidiary under any one or more Multiemployer Plans, time could reasonably be expected to have a Material Adverse Effect.

Prohibited Actions. The Company shall will not, and shall will not permit any ERISA Affiliate to: (i) engage in any “"prohibited transaction” " (as such term is defined in section 406 of ERISA or section 4975 of the IRC) or “"reportable event” " (as such term is defined in section 4043 of ERISA) that would could result in the imposition of a material tax or penalty; (ii) incur with respect to any Pension Plan any “"accumulated funding deficiency” " (as such term is defined in section 302 of ERISA), whether or not waived; (iii) terminate any Pension Plan in a manner that could result in (A) in the imposition of a Lien on the Property of the Company or any Restricted Subsidiary pursuant to section 4068 of ERISA or (B) or the creation of any liability under section 4062 of ERISA; (iv) fail to make any payment required by section 515 of ERISA; or; (v) be an “employer” (as such term is defined in section 3 incur any withdrawal liability under Title IV of ERISA) required to contribute ERISA with respect to any Multiemployer Plan or any liability as a “substantial employer” result of the termination of any Multiemployer Plan; or (as such term is defined in section 4001 vi) incur any liability or suffer the existence of ERISA) required to contribute to any Multiple Employer Pension Plan if, at such time, it could reasonably be expected that Lien on the Property of the Company or any Subsidiary will incur withdrawal liability ERISA Affiliate, in respect either case pursuant to Title I or Title IV of such Multiemployer Plan and such liability, ERISA or pursuant to the penalty or excise tax or security provisions of the IRC; if incurred, together with the aggregate amount of all the taxes, penalties, funding deficiencies, interest, amounts secured by Liens, and other withdrawal liability as to which there is a reasonable expectation liabilities in respect of incurrence by any of the Company or foregoing at any Subsidiary under any one or more Multiemployer Plans, time could reasonably be expected to have a Material Adverse Effect.

Prohibited Actions. The Company shall will not, and shall will not permit any ERISA Affiliate to: (i) engage in any “"prohibited transaction” " (as such term is defined in section 406 of ERISA or section 4975 of the IRC) or “reportable event” (as such term is defined in section 4043 of ERISA) that would result in the imposition of a material tax or penalty; (ii) incur with respect to any Pension Plan any “"accumulated funding deficiency” " (as such term is defined in section 302 of ERISA), whether or not waived; (iii) terminate any Pension Plan in a manner that could result in (A) the imposition of a Lien on the Property of the Company or any Subsidiary pursuant to section 4068 of ERISA ERISA, or (B) the creation of any liability under section 4062 of ERISA; (iv) fail to make any payment required by section 515 of ERISA; or (v) at any time be an “"employer” " (as such term is defined in section 3 3(5) of ERISA) required to contribute to any Multiemployer Plan or a “substantial employer” (as such term is defined in section 4001 of ERISA) required to contribute to any Multiple Employer Pension Plan if, at such time, it could reasonably be expected that the Company or any Subsidiary will incur withdrawal liability in respect of such Multiemployer Plan and such liability, if incurred, together with the aggregate amount of all other withdrawal liability as to which there is a reasonable expectation of incurrence by the Company or any Subsidiary under any one or more Multiemployer Plans, could reasonably be expected to have a Material Adverse Effect.