Common use of Certain Matters Relating to ERISA Clause in Contracts

Certain Matters Relating to ERISA. Borrower hereby represents, --------------------------------- warrants and covenants that, at all times on and before the date upon which Lender makes the Loan and at all times after the date upon which Lender makes the Loan, neither Borrower nor any ERISA Affiliate of Borrower (i) maintains, contributes to or is obligated to contribute to, or has maintained, contributed to or been obligated to contribute to, or will maintain, contribute to or be obligated to contribute to any Plan (including, without limitation, any benefit plan or other plan subject to minimum funding requirements of ERISA Section 302 or Code Section 412) or Multiemployer Plan and (ii) has been, is or will become subject to any liability or obligation under or in connection with ERISA. Any violation of this Section 5.1(a)(T) by ----------------- Borrower shall constitute an Event of Default.

Certain Matters Relating to ERISA. Borrower hereby represents, --------------------------------- warrants and covenants that, at all times on and before the date upon which Lender makes the Loan and at all times after the date upon which Lender makes the Loan, neither Borrower nor any ERISA Affiliate of Borrower (i) maintains, contributes to or is obligated to contribute to, or has maintained, contributed to or been obligated to contribute to, or will maintain, contribute to or be obligated to contribute to any Plan (including, without limitation, any benefit plan or other plan subject to minimum funding requirements of ERISA Section 302 or Code Section 412) or Multiemployer Plan and (ii) has been, is or will become subject to any liability or obligation under or in connection with ERISA. Any violation of this Section 5.1(a)(T) by ----------------- Borrower shall constitute an Event of Default.. -----------------

Certain Matters Relating to ERISA. Borrower hereby represents, --------------------------------- warrants and covenants that, at all times on and before the date upon which Lender makes the Loan and at all times after the date upon which Lender makes the Loan, neither Borrower nor any ERISA Affiliate of Borrower (i) maintains, contributes to or is obligated to contribute to, or has maintained, contributed to or been obligated to contribute to, or will maintain, contribute to or be obligated to contribute to any Plan (including, without limitation, any benefit plan or other plan subject to minimum funding requirements of ERISA Section 302 or Code Section 412) or Multiemployer Plan and (ii) has been, is or will become subject to any liability or obligation under or in connection with ERISA. Any violation of this Section 5.1(a)(T) by ----------------- Borrower shall constitute an Event of Default.