Certificate and Residual Interest Transfer Restrictions. Neither the Certificates nor the Residual Interest may be acquired, by or for the account of (i) an employee benefit plan (as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA")) that is subject to the provisions of Title I of ERISA, (ii) a plan described in Section 4975(e)(1) of the Internal Revenue Code of 1986, as amended, or (iii) any entity, including an insurance company separate account or general account, whose underlying assets include plan assets by reason of a plan's investment in the entity (each, a "Benefit Plan"). By accepting and holding a Trust Certificate, the Owner thereof shall be deemed to have represented and warranted that it is not a Benefit Plan.
Appears in 4 contracts
Samples: Trust Agreement (Firstplus Investment Corp), Trust Agreement (Preferred Securitization Corp), Trust Agreement (Firstplus Investment Corp)