Common use of ERISA Certification Clause in Contracts

ERISA Certification. For so long as any “benefit plan investor” (as defined in Section 3(42) of ERISA) holds any interest in any Borrower Party, the applicable Borrower Party shall provide a certificate (“ERISA Notice”) either (i) within (90) days following the end of the fiscal year of the Borrower Party that, based on information received by its investors, the underlying assets of such Borrower Party do not constitute, and have not since the beginning of the Borrower Party’s preceding fiscal year, constituted Plan Assets because less than 25% of the total value of each class of equity interests in such Borrower Party is held by “benefit plan investors” within the meaning of the Plan Assets Regulation, or (ii) by no later than the 60th day following the conclusion of each Annual Valuation Period of such Borrower Party, stating that such Borrower Party has met the requirements to be an Operating Company for the twelve-month period following the end of the previous Annual Valuation Period;