Compliance with ERISA and State Statutes on Governmental Plans. (a) Not less than five (5) Business Days before each transfer of a direct or indirect interest in any Member (other than CNL or Crescent Parent), such Member shall cause the proposed transferee to deliver to CNL a certification in substantially the form of Exhibit E attached hereto and made a part hereof.
Compliance with ERISA and State Statutes on Governmental Plans. (a) Mortgagee represents and warrants to Mortgagor that, as of the date of this Mortgage and throughout the term of this Mortgage, the source of funds from which Mortgagee extends this Mortgage is its general account, which is subject to the claims of its general creditors under state law.
Compliance with ERISA and State Statutes on Governmental Plans. (a) Anything else in the Agreement contained to the contrary notwithstanding, CNL shall have up to fifteen (15) days following a purchase or other acquisition by a Benefit Plan Investor to undo any such purchase or other acquisition that results in a twenty-five percent (25%) or more participation in the Company by such Benefit Plan Investor.
Compliance with ERISA and State Statutes on Governmental Plans. (a) Borrower is not an “employee benefit plan” as defined in Section 3(3) of ERISA, which is subject to Title I of ERISA; (b) the assets of Borrower do not constitute “plan assets” of one or more plans within the meaning of 29 C.F.R. Section 2510.3-101; (c) Borrower is not a “governmental plan” within the meaning of Section 3(32) of ERISA; and (d) transactions by or with Borrower are not subject to state statutes regulating investments of and fiduciary obligations with respect to governmental plans
Compliance with ERISA and State Statutes on Governmental Plans. (a) Beneficiary represents and warrants to Trustor that, as of the date of this Deed of Trust and throughout the term of this Deed of Trust, the source of funds from which Beneficiary extends this Deed of Trust is its general account, which is subject to the claims of its general creditors under state law.
Compliance with ERISA and State Statutes on Governmental Plans. (a) Anything else in this Agreement contained to the contrary notwithstanding, CHP shall have up to fifteen (15) days following a purchase or other acquisition by a Benefit Plan Investor to undo any such purchase or other acquisition that results in a twenty-five percent (25%) or more participation in the Company by such Benefit Plan Investor.
Compliance with ERISA and State Statutes on Governmental Plans. (a) Not less than five (5) Business Days before each transfer of a direct or indirect interest in Extra Space to an Affiliate, and not less than ten (10) Business Days before each transfer of a direct or indirect interest in Extra Space to a non-Affiliate, Extra Space shall cause the proposed transferee to deliver to Prudential a certification in substantially the form of Exhibit C-l attached hereto. Nothing in this item (a) shall be construed to permit any transfer not expressly permitted under Section 10.1.
Compliance with ERISA and State Statutes on Governmental Plans. (a) Lender represents and warrants to Borrower that, as of the date of this Agreement and throughout the term of this Agreement, the source of funds from which Lender extends this Agreement is its general account, which is subject to the claims of its general creditors under state law.
Compliance with ERISA and State Statutes on Governmental Plans. (a) Grantee represents and warrants to Grantor that, as of the date of this Deed and throughout the term of this Deed, the source of funds from which Grantee extends this Deed is its general account, which is subject to the claims of its general creditors under state law.
Compliance with ERISA and State Statutes on Governmental Plans. (a) Trustor represents and warrants that, as of the date of this Deed of Trust and throughout the term of this Deed of Trust, (i) Trustor is not an "employee benefit plan" as defined in Section 3(3) of the Employee Retirement Income Securities Act of 1974, as amended ("ERISA"), which is subject to Title I of ERISA and (ii) the assets of such Trustor do not constitute "plan assets" of one or more such plans within the meaning of 29 C.F.R. ss. 2510.3-101.
