EXCLUDING,
HOWEVER, SUCH EVENTS AS TO WHICH THE PBGC BY REGULATION HAS WAIVED THE
REQUIREMENT OF SECTION 4043(A) OF ERISA THAT IT BE NOTIFIED WITHIN 30 DAYS OF
THE OCCURRENCE OF SUCH EVENT;
(II)
THE REQUIREMENTS OF SECTION 4043(B) OF ERISA APPLY WITH RESPECT
TO A CONTRIBUTING SPONSOR, AS DEFINED IN SECTION 4001(A)(13) OF ERISA, OF ANY
PLAN, AND AN EVENT
12
DESCRIBED IN PARAGRAPH (9), (10), (11), (12) OR (13) OF SECTION 4043(C) OF ERISA
IS REASONABLY EXPECTED TO OCCUR WITH RESPECT TO SUCH PLAN WITHIN THE FOLLOWING
30 DAYS;
(III)
THE FAILURE TO MEET THE MINIMUM FUNDING STANDARD OF SECTION 412
OF THE CODE WITH RESPECT TO ANY PLAN OTHER THAN A MULTIEMPLOYER PLAN (WHETHER OR
NOT WAIVED IN ACCORDANCE WITH SECTION 412(D) OF THE CODE), THE APPLICATION FOR A
MINIMUM FUNDING WAIVER UNDER SECTION 303 OF ERISA WITH RESPECT TO ANY PLAN OTHER
THAN A MULTIEMPLOYER PLAN, THE FAILURE TO MAKE BY ITS DUE DATE A REQUIRED
INSTALLMENT UNDER SECTION 412(M) OF THE CODE WITH RESPECT TO ANY PLAN OR THE
FAILURE TO MAKE ANY REQUIRED CONTRIBUTION TO A MULTIEMPLOYER PLAN;
(IV)
THE INCURRENCE OF ANY LIABILITY (OR THE REASONABLE EXPECTATION
THEREOF) BY A GROUP COMPANY OR ANY ERISA AFFILIATE PURSUANT TO TITLE I OR IV OF
ERISA OR THE PENALTY OR EXCISE TAX PROVISIONS OF THE CODE RELATING TO EMPLOYEE
BENEFIT PLANS (AS DEFINED IN SECTION 3 OF ERISA), OR THE OCCURRENCE OR EXISTENCE
OF ANY EVENT, TRANSACTION OR CONDITION THAT COULD REASONABLY BE EXPECTED TO
RESULT IN THE INCURRENCE OF ANY SUCH LIABILITY BY A GROUP COMPANY OR ANY ERISA
AFFILIATE, OR IN THE IMPOSITION OF ANY LIEN ON ANY OF THE RIGHTS, PROPERTIES OR
ASSETS OF A GROUP COMPANY OR ANY ERISA AFFILIATE, IN EITHER CASE PURSUANT TO
TITLE I OR IV OF ERISA OR TO SUCH PENALTY OR EXCISE TAX PROVISIONS OF THE CODE
OR TO SECTION 401(A)(29) OR 412 OF THE CODE;
(V)
THE PROVISION BY THE ADMINISTRATOR OF ANY PLAN PURSUANT TO
SECTION 4041(A)(2) OF ERISA OF A NOTICE (OR THE REASONABLE EXPECTATION OF SUCH
PROVISION OF NOTICE) OF INTENT TO TERMINATE SUCH PLAN IN A DISTRESS TERMINATION
DESCRIBED IN SECTION 4041(C) OF ERISA, THE INSTITUTION BY THE PBGC OF
PROCEEDINGS TO TERMINATE ANY PLAN OR THE OCCURRENCE OF ANY EVENT OR CONDITION
WHICH MIGHT CONSTITUTE GROUNDS UNDER ERISA FOR THE TERMINATION OF, OR THE
APPOINTMENT OF A TRUSTEE TO ADMINISTER, ANY PLAN;
(VI)
THE WITHDRAWAL OF A GROUP COMPANY OR ERISA AFFILIATE IN A COMPLETE
OR PARTIAL WITHDRAWAL (WITHIN THE MEANING OF SECTION 4203 AND 4205 OF ERISA)
FROM ANY MULTIEMPLOYER PLAN IF THERE IS ANY POTENTIAL MATERIAL LIABILITY
THEREFOR, OR THE RECEIPT BY A GROUP COMPANY OR ERISA AFFILIATE OF NOTICE FROM
ANY MULTIEMPLOYER PLAN THAT IT IS IN REORGANIZATION OR INSOLVENCY PURSUANT TO
SECTION 4241 OR 4245 OF ERISA, OR THAT IT INTENDS TO TERMINATE OR HAS TERMINATED
UNDER SECTION 4041A OR 4042 OF ERISA;
(VII)
THE IMPOSITION OF LIABILITY (OR THE REASONABLE EXPECTATION
THEREOF) ON A