|
|
 | | | |
- close
- close
- close
- close
| |||||||||
This excerpt taken from the WEN 8-K filed Mar 12, 2009. ERISA Event” means (a) a reportable event described in Section 4043(c) of ERISA or the regulations thereunder with respect to a Title IV Plan (other than an event for which the 30 day notice period is waived by regulation), (b) the withdrawal of Ultimate Parent Co-Borrower, any of its Subsidiaries or
any ERISA Affiliate from a Title IV Plan subject to Section 4063 of ERISA during a plan year in which it was a substantial employer, as defined in Section 4001(a)(2) of ERISA, (c) the complete or partial withdrawal of Ultimate Parent Co-Borrower, any Subsidiary of Ultimate Parent Co-Borrower or any ERISA Affiliate from any Multiemployer Plan, (d) receipt of notice of reorganization or insolvency of a Multiemployer Plan, (e) the filing of a notice of intent
to terminate a Title IV Plan or the treatment of a plan amendment to a Title IV Plan as a termination under Section 4041 of ERISA, (f) the institution of proceedings to terminate a Title IV Plan or Multiemployer Plan by the PBGC, (g) the failure of Ultimate Parent Co-Borrower, any Subsidiary of Ultimate Parent Co-Borrower or any ERISA Affiliate to make any contribution required by the Code, ERISA or the terms of a Title IV Plan or Multiemployer Plan to
such Plan, (h) the imposition of a lien under Section 412 or 430 of the Code or Section 302 or 303 of ERISA on Ultimate Parent Co-Borrower or any Subsidiary of Ultimate Parent Co-Borrower or any ERISA Affiliate, (i) the substantial cessation of operations as described in Section 4062(e) of ERISA with respect to a Title IV Plan, (j) the provision of security pursuant to Section 401(a)(29) or 436 of the Code or Section 206 or 307 of ERISA,
(k) any other event or condition that might reasonably be expected to constitute grounds under Section 4042 of ERISA for the termination of, or the appointment of a trustee to administer, any Title IV Plan or Multiemployer Plan or the imposition of any liability under Title IV of ERISA, other than for PBGC premiums due but not delinquent under Section 4007 of ERISA, or (l) the aggregate unfunded vested benefits (as determined under Section
4006(a)(3)(E)(iii) of ERISA) of all Title IV Plans (disregarding Title IV Plans with no unfunded vested benefits) exceed $50,000,000 and the funded vested benefit percentage of such Title IV Plans is less than 90 percent.
“ This excerpt taken from the WEN 8-K filed Jan 16, 2009. ERISA Event”
means: (a) any Reportable Event; (b) the existence with respect to any Plan of a
non-exempt “Prohibited Transaction” (as defined in Section 406 of ERISA or
Section 4975(f)(3) of the Code) which could reasonably be expected to result in
liability to any Group Member; (c) any failure by any Plan to satisfy the
minimum funding standards (within the meaning of Section 412 of the Code or
Section 302 of ERISA) applicable to such Plan, whether
or
not waived; (d) the filing pursuant to Section 412 of the Code or
Section 303 of ERISA of an application for a waiver of the minimum funding
standard with respect to any Plan, the failure to make by its due date a
required installment under Section 412(m) of the Code (or Section 430(j) of the
Code, as amended by the Pension Protection Act of 2006) with respect to any Plan
or the failure by any Group Member or any of its Controlled Group members to
make any required contribution to a Multiemployer Plan; (e) the incurrence
by any Group Member or any of its Controlled Group members of any liability
under Title IV of ERISA with respect to the termination of any Plan,
including but not limited to the imposition of any Lien in favor of the PBGC or
any Plan; (f) a determination that any Plan is in “at risk” status (within
the meaning of Title IV of ERISA); (g) the receipt by any Group Member or any of
its Controlled Group members from the PBGC or a plan administrator of any notice
relating to an intention to terminate any Plan or to appoint a trustee to
administer any Plan under Section 4042 of ERISA; (h) the incurrence by any Group
Member or any of its Controlled Group members of any material liability with
respect to the withdrawal or partial withdrawal from any Plan or Multiemployer
Plan; or (i) the receipt by any Group Member or any of its Controlled Group
members of any notice, or the receipt by any Multiemployer Plan of any notice,
concerning the imposition of Withdrawal Liability or a determination that a
Multiemployer Plan is, or is expected to be, insolvent or in reorganization, or
in endangered or critical status (within the meaning of Section 432 of the Code
or Section 305 or Title IV of ERISA).
“ | EXCERPTS ON THIS PAGE:
RELATED TOPICS for WEN: |
| |||||||
