Common use of Employee Benefit Plans Subject to ERISA or the Code Clause in Contracts

Employee Benefit Plans Subject to ERISA or the Code. We, or the entity on whose behalf we are acting, are an “employee benefit plan” within the meaning of Section 3(3) of ERISA that is subject to the fiduciary responsibility provisions of Title I of ERISA or a “plan” within the meaning of Section 4975(e)(1) of the Code that is subject to Section 4975 of the Code.

Appears in 6 contracts

Samples: Indenture and Security Agreement (Varagon Capital Corp), Indenture (MidCap Financial Investment Corp), Indenture (Barings Private Credit Corp)

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Employee Benefit Plans Subject to ERISA or the Code. We, or the entity on whose behalf we are acting, are an employee Employee benefit plan” within the meaning of Section 3(3) of ERISA that is subject to the fiduciary responsibility provisions of Title I of ERISA or ERISA, a “plan” within the meaning of Section 4975(e)(1) of the Code that is subject to Section 4975 of the CodeCode or a governmental, church, non-U.S. or other plan that is subject to any Similar Law.

Appears in 2 contracts

Samples: Series Supplement (Hertz Corp), Series Supplement (Hertz Corp)

Employee Benefit Plans Subject to ERISA or the Code. WeIs the investor, or is the entity investor acting on whose behalf we are actingof, are an "employee benefit plan" within the meaning of Section 3(3) of ERISA that is subject to the fiduciary responsibility provisions of Title I of ERISA or a "plan" within the meaning of Section 4975(e)(1) of the Code that is subject to Section 4975 of the Code.? ☐ Yes ☐ No

Appears in 1 contract

Samples: Indenture (JMP Group LLC)

Employee Benefit Plans Subject to ERISA or the Code. We, or the entity on whose behalf we are acting, are an "employee benefit plan" within the meaning of Section 3(3) of ERISA that is subject to the fiduciary responsibility provisions of Title I of ERISA or a "plan" within the meaning of Section 4975(e)(1) of the Code that is subject to Section 4975 of the Code.

Appears in 1 contract

Samples: Supplemental Indenture (Garrison Capital Inc.)

Employee Benefit Plans Subject to ERISA or the Code. We, or the entity on whose behalf we are acting, are an “employee benefit plan” within the meaning of Section 3(3) of ERISA that is subject to the fiduciary responsibility provisions of Title I of ERISA or a “plan” within the meaning of Section 4975(e)(1) of the Code that is subject to Section 4975 of the Code.

Appears in 1 contract

Samples: Indenture (Golub Capital BDC, Inc.)

Employee Benefit Plans Subject to ERISA or the Code. WeIs the Investor, or is the entity Investor acting on whose behalf we are actingof, are an “employee benefit plan” within the meaning of Section 3(3) of ERISA that is subject to the fiduciary responsibility provisions of Title I of ERISA or a “plan” within the meaning of Section 4975(e)(1) of the Code that is subject to Section 4975 of the Code.? ☐ Yes ☒ No

Appears in 1 contract

Samples: Subscription Agreement (JMP Group Inc.)

Employee Benefit Plans Subject to ERISA or the Code. We, or the entity on whose behalf we are acting, are an “employee benefit plan” within the meaning of Section 3(3) of ERISA that is subject to the fiduciary responsibility provisions of Title I Section 406 of ERISA or a “plan” within the meaning of Section 4975(e)(1) of the Code that is subject to Section 4975 of the Code.

Appears in 1 contract

Samples: Indenture (Garrison Capital LLC)

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Employee Benefit Plans Subject to ERISA or the Code. We, or the entity on whose behalf we are acting, are an "employee benefit plan" within the meaning of Section 3(3) of ERISA that is subject to the fiduciary responsibility provisions of Title I of ERISA or a "plan" within the meaning of Section 4975(e)(1) of the Code that is subject to Section 4975 of the Code.. ☐

Appears in 1 contract

Samples: Indenture (NewStar Financial, Inc.)

Employee Benefit Plans Subject to ERISA or the Code. We, or the entity on whose behalf we are acting, are an “employee benefit plan” within the meaning of Section 3(3) of ERISA that is subject to the fiduciary responsibility provisions Part 4 of Title I of ERISA or a “plan” within the meaning of Section 4975(e)(1) of the Code that is subject to Section 4975 of the Code.

Appears in 1 contract

Samples: Subordinated Note Issuing and Paying Agency Agreement

Employee Benefit Plans Subject to ERISA or the Code. We, or the entity on whose behalf we are acting, are an “employee benefit plan” within the meaning of Section 3(3) of ERISA that is subject to the fiduciary responsibility provisions of Part 4, Subtitle B of Title I of ERISA or a “plan” within the meaning of Section 4975(e)(1) of the Code that is subject to Section 4975 of the Code.. ¨

Appears in 1 contract

Samples: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

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