ERISA AND THE CODE; EACH PLAN (AND EACH RELATED TRUST, IF
ANY) WHICH IS INTENDED TO BE QUALIFIED UNDER SECTION 401(A) OF THE CODE IS SO
QUALIFIED; NO REPORTABLE EVENT HAS OCCURRED WITH RESPECT TO A PLAN, EXCEPT AS
DISCLOSED IN PART B OF
42
SCHEDULE 6.13; TO THE KNOWLEDGE OF BORROWER NO PLAN WHICH IS A MULTIEMPLOYER
PLAN (AS DEFINED IN SECTION 4001(A)(3) OF ERISA) IS INSOLVENT OR IN
REORGANIZATION; NO PLAN HAS AN UNFUNDED CURRENT LIABILITY WHICH, WHEN ADDED TO
THE AGGREGATE AMOUNT OF UNFUNDED CURRENT LIABILITIES WITH RESPECT TO ALL OTHER
PLANS IS REASONABLY LIKELY TO RESULT IN A MATERIAL ADVERSE EFFECT; NO PLAN WHICH
IS SUBJECT TO SECTION 412 OF THE CODE OR SECTION 302 OF ERISA HAS AN ACCUMULATED
FUNDING DEFICIENCY, WITHIN THE MEANING OF SUCH SECTIONS OF THE CODE OR ERISA, OR
HAS APPLIED FOR OR RECEIVED A WAIVER OF AN ACCUMULATED FUNDING DEFICIENCY OR AN
EXTENSION OF ANY AMORTIZATION PERIOD, WITHIN THE MEANING OF SECTION 412 OF THE
CODE OR SECTION 303 OR 304 OF ERISA; ALL CONTRIBUTIONS REQUIRED TO BE MADE WITH
RESPECT TO A PLAN HAVE BEEN TIMELY MADE IN ALL MATERIAL RESPECTS; NEITHER
HOLDINGS, THE BORROWER NOR ANY SUBSIDIARY OF HOLDINGS HAS INCURRED ANY MATERIAL
LIABILITY (INCLUDING ANY INDIRECT, CONTINGENT OR SECONDARY LIABILITY) TO OR ON
ACCOUNT OF A PLAN PURSUANT TO SECTION 409, 502(I), 502(L), 515, 4062, 4063,
4064, 4069, 4201, 4204 OR 4212 OF ERISA OR SECTION 401(A)(29), 4971 OR 4975 OF
THE CODE OR TO THE KNOWLEDGE OF HOLDINGS, THE BORROWER OR SUCH SUBSIDIARY
REASONABLY EXPECTS TO INCUR ANY SUCH MATERIAL LIABILITY UNDER ANY OF THE
FOREGOING SECTIONS WITH RESPECT TO ANY PLAN; TO THE KNOWLEDGE OF HOLDINGS, THE
BORROWER OR SUCH SUBSIDIARY NO CONDITION EXISTS WHICH PRESENTS A MATERIAL RISK
TO HOLDINGS, THE BORROWER OR ANY SUBSIDIARY OF HOLDINGS OF INCURRING A MATERIAL
LIABILITY TO OR ON ACCOUNT OF A PLAN PURSUANT TO THE FOREGOING PROVISIONS OF
ERISA AND THE CODE; NO PROCEEDINGS HAVE BEEN INSTITUTED TO TERMINATE (IN A
DISTRESS TERMINATION PURSUANT TO ERISA SECTION 4042) OR APPOINT A TRUSTEE TO
ADMINISTER ANY PLAN WHICH IS SUBJECT TO TITLE IV OF ERISA; NO ACTION, SUIT,
PROCEEDING, HEARING, AUDIT OR INVESTIGATION WITH RESPECT TO THE ADMINISTRATION,
OPERATION OR THE INVESTMENT OF ASSETS OF ANY PLAN (OTHER THAN ROUTINE CLAIMS FOR
BENEFITS) IS PENDING, EXPECTED OR TO THE KNOWLEDGE OF THE CREDIT PARTIES
THREATENED, OTHER THAN ANY OF THE FOREGOING WHICH WOULD NOT, INDIVIDUALLY OR IN
THE AGGREGATE, REASONABLY BE EXPECTED TO RESULT IN A MATERIAL LIABILITY OF
HOLDINGS, THE BORROWER OR ANY SUBSIDIARY OF HOLDINGS; USING ACTUARIAL
ASSUMPTIONS AND COMPUTATION METHODS CONSISTENT WITH PART 1 OF SUBTITLE E OF
TITLE IV OF ERISA, THE AGGREGATE LIABILITIES OF HOLDINGS, ITS SUBSIDIARIES AND
ITS ERISA AFFILIATES TO ALL PLANS WHICH ARE MULTIEMPLOYER PLANS (AS DEFINED IN
SECTION 4001(A)(3) OF ERISA) IN THE EVENT OF A COMPLETE WITHDRAWAL THEREFROM, AS
OF THE CLOSE OF THE MOST RECENT FISCAL YEAR OF EACH SUCH PLAN ENDED PRIOR TO THE
DATE