Common use of Borrower ERISA Status Clause in Contracts

Borrower ERISA Status. Each Borrower represents and warrants as of the Closing Date that such Borrower is not and will not be (a) an employee benefit plan subject to Title I of ERISA, (b) a plan or account subject to Section 4975 of the Code; (c) an entity deemed to hold “plan assets” (within the meaning of Section 3(42) of ERISA or otherwise) of any such plans or accounts for purposes of ERISAor the Code; or (d) a “governmental plan” within the meaning of ERISA.

Borrower ERISA Status. Each Borrower represents and warrants as of the Closing Date that such Borrower is not and will not be (a) an employee benefit plan subject to Title I of ERISA, (b) a plan or account subject to Section 4975 of the Code; (c) an entity deemed to hold “plan assets” (within the meaning of Section 3(42) of ERISA or otherwise) of any such plans or accounts for purposes of ERISAor ERISA or the Code; or (d) a “governmental plan” within the meaning of ERISA.

Borrower ERISA Status. Each Borrower represents On and warrants as of the Closing Date that such Effective Date, each Borrower and each of its Subsidiaries is not and will not be (a) an employee benefit plan subject to Title I of ERISA, (b) a plan or account subject to Section 4975 of the Code; (c) an entity deemed to hold “plan assets” (within the meaning of Section 3(42) of ERISA or otherwise) of any such plans or accounts for purposes of ERISAor ERISA or the Code; or (d) a “governmental plan” within the meaning of ERISA.

Borrower ERISA Status. Each Borrower represents On and warrants as of the Closing Date that such Effective Date, each Borrower and each of its Subsidiaries is not and will not be (a) an employee benefit plan subject to Title I of ERISA, (b) a plan or account subject to Section 4975 of the Code; (c) an entity deemed to hold “plan 66 assets” (within the meaning of Section 3(42) of ERISA or otherwise) of any such plans or accounts for purposes of ERISAor ERISA or the Code; or (d) a “governmental plan” within the meaning of ERISA.

Borrower ERISA Status. Each Borrower represents On and warrants as of the Closing Date that such Date, the Borrower is not and will not be (a) an employee benefit plan subject to Title I of ERISA, (b) a plan or account subject to Section 4975 of the Code; (c) an entity deemed to hold “plan assets” (within the meaning of Section 3(42) of ERISA or otherwise) of any such plans or accounts for purposes of ERISAor ERISA or the Code; or (d) a “governmental plan” within the meaning of ERISA.