ERISA Deliverables Sample Clauses

ERISA Deliverables. (i) Unless an Operating Company Opinion has previously been delivered to Administrative Agent in accordance with Section 7.01(a)(x) or this Section 9.01(i), each Borrower Party, as applicable, shall deliver to Administrative Agent an Operating Company Opinion in a form reasonably acceptable to Administrative Agent on or before the date, if any, that such Borrower Party would hold Plan Assets absent qualification as an Operating Company; (ii) To the extent a Borrower Party has delivered to Administrative Agent an Operating Company Opinion pursuant to Section 7.01(a)(x) or this Section 9.01(i), by the forty-fifth (45th) day of each Annual Valuation Period of such Borrower Party, such Borrower Party shall deliver to Administrative Agent an Operating Company Certificate; and (iii) If a Borrower Party does not intend to qualify as an Operating Company in order to avoid holding Plan Assets, then at the times a Compliance Certificate is delivered to Administrative Agent pursuant to Section 9.01(c), such Borrower Party shall deliver a No Plan Asset Certificate to Administrative Agent in lieu of providing an Operating Company Opinion or Operating Company Certificate.

ERISA Deliverables. Unless an Operating Company Opinion has previously been delivered to Administrative Agent in accordance with Section 7.01(a)(ix) or this Section 9.01(j), each Borrower Party, as applicable, shall deliver to Administrative Agent an Operating Company Opinion in a form reasonably acceptable to Administrative Agent on or before the date, if any, that such Borrower Party would hold Plan Assets absent qualification as an Operating Company.

ERISA Deliverables. (i) Unless an Operating Company Opinion has previously been delivered to Administrative Agent in accordance with Section 6.01(k) or this Section 8.01(i), each Borrower Party, as applicable, shall deliver to Administrative Agent an Operating Company Opinion in a form reasonably acceptable to Administrative Agent on or before the date, if any, that such Borrower Party would hold Plan Assets absent qualification as an Operating Company; (ii) To the extent a Borrower Party has delivered to Administrative Agent an Operating Company Opinion pursuant to Section 6.01(k) or this Section 8.01(i), by the 45th day of each “annual valuation period” as defined in 29 C.F.R. §2510.3-101(d)(5) as determined for each Borrower Party, such Borrower Party shall deliver to Administrative Agent an Operating Company Certificate; (iii) If a Borrower Party does not intend to qualify as an Operating Company in order to avoid holding Plan Assets due to satisfaction of another exception to holding Plan Assets (other than the Operating Company exceptions), then at the times a Compliance Certificate is delivered to Administrative Agent pursuant to Section 8.01(c), such Borrower Party shall deliver a No Plan Asset Certificate to Administrative Agent in lieu of providing an Operating Company Opinion or Operating Company Certificate; and (iv) No later than three Business Days after a Responsible Officer obtains knowledge thereof, Borrowers and/or the Managing Entities shall deliver notice to Administrative Agent of any funding deficiency with respect to any Plan of a Borrower;

ERISA Deliverables. With respect to the Initial Borrower, a No Plan Asset Certificate or an Operating Company Opinion delivered to Administrative Agent;

ERISA Deliverables. (i) Unless an Operating Company Opinion has previously been delivered to the Administrative Agent in accordance with this Section 8.01(j), each Fund Party, as applicable, shall deliver to the Administrative Agent an Operating Company Opinion in a form reasonably acceptable to the Administrative Agent on or before the date, if any, that such Fund Party would hold Plan Assets absent qualification as an Operating Company; (ii) To the extent a Fund Party has previously delivered to the Administrative Agent an Operating Company Opinion pursuant to this Section 8.01(j), by the forty-fifth (45th) day of each Annual Valuation Period as determined for each Fund Party, such Fund Party shall deliver to the Administrative Agent an Operating Company Certificate; (iii) If a Fund Party does not intend to qualify as an Operating Company in order to avoid holding Plan Assets due to satisfaction of another exception to holding Plan Assets (other than the Operating Company exceptions), then at the times a Compliance Certificate is delivered to the Administrative Agent pursuant to Section 8.01(c), such Fund Party shall deliver a No Plan Asset Certificate to the Administrative Agent in lieu of providing an Operating Company Opinion or Operating Company Certificate; and (iv) No later than three (3) Business Days after a Responsible Officer of a Fund Party obtains knowledge thereof, Fund and/or the Managing Entities shall deliver notice to the Administrative Agent of any funding deficiency with respect to any Plan of a Fund;

ERISA Deliverables. (a) Prior to the date on which “benefit plan investors” (as defined in Section 3(42) of ERISA) would hold (based on commitments or otherwise) 25% or more of the total value of any class of equity interest in an Obligor (calculated in accordance with the Plan Assets Regulation), such Obligor will deliver to the Administrative Agent either: (i) an Operating Company Opinion; or (ii) such other certifications, in a form reasonably acceptable to Administrative Agent, to the effect that the Borrower satisfies another exception to holding Plan Assets (other than the Operating Company exception). (b) To the extent an Obligor has delivered to Administrative Agent (i) an Operating Company Opinion pursuant to Section 4.01(a)(xii) or Section 5.15(a)(i), then by the sixtieth (60th) day of each Annual Valuation Period of such Obligor, such Obligor will deliver to the Administrative Agent an Operating Company Certificate; or (ii) a No Plan Asset Certificate pursuant to Section 4.01(a)(xii) or such certifications set forth in Section 5.15(a)(ii), then at the times described in Section 5.01(a), such Obligor will deliver an updated No Plan Asset Certificate or written confirmation that such certifications described in Section 5.15(a)(ii) remain true and continue to apply.

ERISA Deliverables. With respect to each Obligor, an Operating Company Opinion from counsel to such Obligor, and each Obligor hereby requests that such counsel deliver such Operating Company Opinion; provided, however, if (A) an Obligor does not need to qualify as an Operating Company in order to avoid holding Plan Assets, and (B) it is reasonable for such Obligor to conclude that its underlying assets will not constitute Plan Assets throughout the entire contemplated term of this Agreement due to satisfaction of another exception to holding Plan Assets (other than the Operating Company exceptions), then such Obligor may deliver a No Plan Asset Certificate to Administrative Agent in lieu of providing an Operating Company Opinion.

ERISA Deliverables. With respect to each Borrower Party, a No Plan Asset Certificate to Administrative Agent;

ERISA Deliverables. At the times a Compliance Certificate is delivered to Administrative Agent pursuant to Section 9.01(c), each Borrower Party shall deliver a No Plan Asset Certificate to Administrative Agent.