Common use of Assets of ESOP and ESOT Clause in Contracts

Assets of ESOP and ESOT. As of the Closing Date and, to the best of the Borrower’s knowledge, at all times thereafter, none of the assets of the Borrower constitute, for any purpose of ERISA or Section 4975 of the Code, assets of the ESOP or any other “plan” as defined in Section 3(3) of ERISA or Section 4975 of the Code.

Assets of ESOP and ESOT. As of the Closing Date and, to the best of the Borrower’s 's knowledge, at all times thereafter, none of the assets of the Borrower constitute, for any purpose of ERISA or Section 4975 of the Code, assets of the ESOP or any other “"plan” " as defined in Section 3(3) of ERISA or Section 4975 of the Code.