Common use of ERISA; Employees Clause in Contracts

ERISA; Employees. (a) As of the Closing Date hereof and throughout the term of the Loan, (i) Borrower is not nor will be an “employee benefit plan” as defined in Section 3(3) of ERISA, which is subject to Part 4 of Subtitle B of Title I of ERISA, and (ii) the assets of Borrower do not and will not constitute “plan assets” of one or more such plans for purposes of Title I of ERISA, as determined under Section 3(42) of ERISA. (b) As of the Closing Date hereof and throughout the term of the Loan (i) Borrower is not nor will be a “governmental plan” within the meaning of Section 3(3) of ERISA and (ii) transactions by or with Borrower are not and will not violate state statutes applicable to Borrower regulating investments of and fiduciary obligations with respect to such governmental plans. (c) Borrower does not have any employees.

ERISA; Employees. (a) As of the Closing Date hereof and throughout the term of the Loan, (i) no Borrower is not nor will be an “employee benefit plan” as defined in Section 3(3) of ERISA, which is subject to Part 4 of Subtitle B of Title I of ERISA, and (ii) the assets of Borrower Borrowers do not and will not constitute “plan assets” of one or more such plans for purposes of Title I of ERISA, as determined under Section 3(42) of ERISA. (b) As of the Closing Date hereof and throughout the term of the Loan (i) no Borrower is not nor or will be a “governmental plan” within the meaning of Section 3(3) of ERISA and (ii) transactions by or with any Borrower are not and will not violate be subject to state statutes applicable to any Borrower regulating investments of and fiduciary obligations with respect to such governmental plans. (c) No Borrower does not have has any employees.

ERISA; Employees. (a) As of the Closing Date hereof and throughout the term of the Loan, (i) Borrower is not nor and will not be an “employee benefit plan” as defined in Section 3(3) of ERISA, which is subject to Part 4 of Subtitle B of Title I of ERISA, and (ii) the assets of Borrower do not and will not constitute “plan assets” of one or more such plans for purposes of Title I of ERISA, as determined under Section 3(42) of ERISA. (b) As of the Closing Date hereof and throughout the term of the Loan (i) Borrower is not nor and will not be a “governmental plan” within the meaning of Section 3(3) of ERISA and (ii) transactions by or with Borrower are not and will not violate be subject to state statutes applicable to Borrower regulating investments of and fiduciary obligations with respect to such governmental plans. (c) Borrower does not have any has no employees.

ERISA; Employees. (a) As of the Closing Date hereof and throughout the term of the Loan, (i) Borrower is not nor and will not be an “employee benefit plan” as defined in Section 3(3) of ERISA, which is subject to Part 4 of Subtitle B of Title I of ERISA, and (ii) the assets of Borrower do not and will not constitute “plan assets” of one or more such plans for purposes of Title I of ERISA, as determined under Section 3(42) of ERISA. (b) As of the Closing Date hereof and throughout the term of the Loan (i) Borrower is not nor and will not be a “governmental plan” within the meaning of Section 3(3) of ERISA and (ii) transactions by or with Borrower are not and will not violate be subject to state statutes applicable to Borrower regulating investments of and fiduciary obligations with respect to such governmental plans. (c) Neither Borrower does not have nor Operating Tenant has any employees.

ERISA; Employees. (a) As of the Closing Restatement Date hereof and throughout the term of the Loan, (i) no Borrower is not nor will be an “employee benefit plan” as defined in Section 3(3) of ERISA, which is subject to Part 4 of Subtitle B of Title I of ERISA, and (ii) the assets of Borrower Borrowers do not and will not constitute “plan assets” of one or more such plans for purposes of Title I of ERISA, as determined under Section 3(42) of ERISA. (b) As of the Closing Restatement Date hereof and throughout the term of the Loan (i) no Borrower is not nor or will be a “governmental plan” within the meaning of Section 3(3) of ERISA and (ii) transactions by or with any Borrower are not and will not violate be subject to state statutes applicable to any Borrower regulating investments of and fiduciary obligations with respect to such governmental plans. (c) No Borrower does not have has any employees.

ERISA; Employees. (a) As of the Closing Date hereof and throughout the term of the Loan, (i) Borrower is not nor and will not be an “employee benefit plan” as defined in Section 3(3) of ERISA, which is subject to Part 4 of Subtitle B of Title I of ERISA, and (ii) the assets of Borrower do not and will not constitute “plan assets” of one or more such plans for purposes of Title I of ERISA, as determined under Section 3(42) of ERISA. (b) As of the Closing Date hereof and throughout the term of the Loan (i) Borrower is not nor and will not be a “governmental plan” within the meaning of Section 3(3) of ERISA and (ii) transactions by or with Borrower are not and will not violate be subject to state statutes applicable to Borrower regulating investments of and fiduciary obligations with respect to such governmental plans. (c) No Borrower does not have has any employees.

ERISA; Employees. (a) As of the Closing Date hereof and throughout the term of the Loan, (i) no Borrower is not nor will be an “employee benefit plan” as defined in Section 3(3) of ERISA, which is subject to Part 4 of Subtitle B of Title I of ERISAERlSA, and (ii) the assets of Borrower Borrowers do not and will not constitute “plan assets” of one or more such plans for purposes of Title I of ERISA, as determined under Section 3(42) of ERISA. (b) As of the Closing Date hereof and throughout the term of the Loan (i) no Borrower is not nor or will be a “governmental plan” within the meaning of Section 3(3) of ERISA and (ii) transactions by or with any Borrower are not and will not violate be subject to state statutes applicable to any Borrower regulating investments of and fiduciary obligations with respect to such governmental plans. (c) No Borrower does not have has any employees.

ERISA; Employees. (a) As of the Closing Date hereof and throughout the term of the Loan, (i) Borrower is not nor and will not be an “employee benefit plan” as defined in Section 3(3) of ERISA, which is subject to Part 4 of Subtitle B of Title I of ERISA, and (ii) the assets of Borrower do not and will not constitute “plan assets” of one or more such plans for purposes of Title I of ERISA, as determined under Section 3(42) of ERISA. (b) As of the Closing Date hereof and throughout the term of the Loan (i) Borrower is not nor and will not be a “governmental plan” within the meaning of Section 3(3) of ERISA and (ii) the transactions contemplated by or with Borrower are this Agreement do not and will not violate any state statutes statutes, applicable to Borrower regulating Borrower, that regulate investments of and fiduciary obligations with respect to such governmental plansplans and that are similar to Section 406 of ERISA and Section 4975 of the Internal Revenue Code. (c) Borrower does not have any has no employees.

ERISA; Employees. (a) As of the Closing Date hereof and throughout the term of the Loan, (i) no Borrower is not nor will be an “employee benefit plan” as defined in Section 3(3) of ERISA, which is subject to Part 4 of Subtitle B of Title I of ERISA, and (ii) the assets of Borrower Borrowers do not and will not constitute “plan assets” of one or more such plans for purposes of Title I of ERISA, as determined under Section 3(42) of ERISA. (b) As of the Closing Date hereof and throughout the term of the Loan (i) no Borrower is not nor or will be a “governmental plan” within the meaning of Section 3(3) of ERISA and (ii) transactions by or with any Borrower are not and will not violate state statutes applicable to any Borrower regulating investments of and fiduciary obligations with respect to such governmental plans. (c) No Borrower does not have has any employees.