OBLIGATIONS.
59
(C)
NO BORROWER IS IN VIOLATION OF ANY APPLICABLE STATUTE, LAW, RULE,
REGULATION OR ORDINANCE IN ANY RESPECT WHICH COULD REASONABLY BE EXPECTED TO
HAVE A MATERIAL ADVERSE EFFECT, NOR IS ANY BORROWER IN VIOLATION OF ANY ORDER OF
ANY COURT, GOVERNMENTAL BODY OR ARBITRATION BOARD OR TRIBUNAL.
(D)
NO BORROWER NOR ANY MEMBER OF THE CONTROLLED GROUP MAINTAINS OR
CONTRIBUTES TO ANY PLAN OTHER THAN THOSE LISTED ON SCHEDULE 5.8(D) HERETO.
(I) NO PLAN HAS INCURRED ANY "ACCUMULATED FUNDING DEFICIENCY," AS DEFINED IN
SECTION 302(A)(2) OF ERISA AND SECTION 412(A) OF THE CODE, WHETHER OR NOT
WAIVED, AND EACH BORROWER AND EACH MEMBER OF THE CONTROLLED GROUP HAS MET ALL
APPLICABLE MINIMUM FUNDING REQUIREMENTS UNDER SECTION 302 OF ERISA IN RESPECT OF
EACH PLAN; (II) EACH PLAN WHICH IS INTENDED TO BE A QUALIFIED PLAN UNDER
SECTION 401(A) OF THE CODE AS CURRENTLY IN EFFECT HAS BEEN DETERMINED BY THE
INTERNAL REVENUE SERVICE TO BE QUALIFIED UNDER SECTION 401(A) OF THE CODE AND
THE TRUST RELATED THERETO IS EXEMPT FROM FEDERAL INCOME TAX UNDER
SECTION 501(A) OF THE CODE; (III) NEITHER ANY BORROWER NOR ANY MEMBER OF THE
CONTROLLED GROUP HAS INCURRED ANY LIABILITY TO THE PBGC OTHER THAN FOR THE
PAYMENT OF PREMIUMS, AND THERE ARE NO PREMIUM PAYMENTS WHICH HAVE BECOME DUE
WHICH ARE UNPAID; (IV) NO PLAN HAS BEEN TERMINATED BY THE PLAN ADMINISTRATOR
THEREOF NOR BY THE PBGC, AND THERE IS NO OCCURRENCE WHICH WOULD CAUSE THE PBGC
TO INSTITUTE PROCEEDINGS UNDER TITLE IV OF ERISA TO TERMINATE ANY PLAN; (V) AT
THIS TIME, THE CURRENT VALUE OF THE ASSETS OF EACH PLAN EXCEEDS THE PRESENT
VALUE OF THE ACCRUED BENEFITS AND OTHER LIABILITIES OF SUCH PLAN AND NEITHER ANY
BORROWER NOR ANY MEMBER OF THE CONTROLLED GROUP KNOWS OF ANY FACTS OR
CIRCUMSTANCES WHICH WOULD MATERIALLY CHANGE THE VALUE OF SUCH ASSETS AND ACCRUED
BENEFITS AND OTHER LIABILITIES; (VI) NEITHER ANY BORROWER NOR ANY MEMBER OF THE
CONTROLLED GROUP HAS BREACHED ANY OF THE RESPONSIBILITIES, OBLIGATIONS OR DUTIES
IMPOSED ON IT BY ERISA WITH RESPECT TO ANY PLAN; (VII) NEITHER ANY BORROWER NOR
ANY MEMBER OF A CONTROLLED GROUP HAS INCURRED ANY LIABILITY FOR ANY EXCISE TAX
ARISING UNDER SECTION 4972 OR 4980B OF THE CODE, AND NO FACT EXISTS WHICH COULD
GIVE RISE TO ANY SUCH LIABILITY; (VIII) NEITHER ANY BORROWER NOR ANY MEMBER OF
THE CONTROLLED GROUP NOR ANY FIDUCIARY OF, NOR ANY TRUSTEE TO, ANY PLAN, HAS
ENGAGED IN A "PROHIBITED TRANSACTION" DESCRIBED IN SECTION 406 OF THE ERISA OR
SECTION 4975 OF THE CODE NOR TAKEN ANY ACTION WHICH WOULD CONSTITUTE OR RESULT
IN A TERMINATION EVENT WITH RESPECT TO ANY SUCH PLAN WHICH IS SUBJECT TO ERISA;
(IX) EACH BORROWER AND EACH MEMBER OF THE CONTROLLED GROUP HAS MADE ALL
CONTRIBUTIONS DUE AND PAYABLE WITH RESPECT TO EACH PLAN; (X) THERE EXISTS NO
EVENT DESCRIBED IN SECTION 4043(B) OF ERISA, FOR WHICH THE THIRTY (30) DAY
NOTICE PERIOD HAS NOT BEEN WAIVED; (XI) NEITHER ANY BORROWER