Common use of ERISA Exemptions Clause in Contracts

ERISA Exemptions. The Borrower shall not, and shall not permit any other Obligor or any Subsidiary of Borrower or any other Obligor to, permit any of its respective assets to become or be deemed to be “plan assets” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.

Appears in 3 contracts

Samples: Term Loan Agreement (Colonial Properties Trust), Mezzanine Credit Agreement (NNN Apartment REIT, Inc.), Credit Agreement (NNN Apartment REIT, Inc.)

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ERISA Exemptions. The Borrower shall not, and shall not permit any other Obligor or any Subsidiary of Borrower or any other Obligor to, permit any of its respective assets to become or be deemed to be "plan assets" within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder, of any ERISA Plan or any Non- ERISA Plan.

Appears in 3 contracts

Samples: Credit Agreement (Security Capital Group Inc/), Credit Agreement (Security Capital Group Inc/), Credit Agreement (Security Capital Group Inc/)

ERISA Exemptions. The No Borrower shall not, and shall not permit any other Obligor or any Subsidiary of Borrower or any other Obligor to, permit any of its respective assets to become or be deemed to be “plan assets” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.

Appears in 3 contracts

Samples: Credit Agreement (Entertainment Properties Trust), Credit Agreement (Entertainment Properties Trust), Credit Agreement (Entertainment Properties Trust)

ERISA Exemptions. The Borrower shall not, and shall not permit any other Obligor or any Subsidiary of Borrower or any other Obligor to, permit any of its respective assets to become or be deemed to be "plan assets" within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.

Appears in 3 contracts

Samples: Credit Agreement (Parkway Properties Inc), Credit Agreement (Parkway Properties Inc), Credit Agreement (Colonial Properties Trust)

ERISA Exemptions. The Borrower shall not, and shall not permit any other Obligor or any Subsidiary of the Borrower or any other Obligor to, permit any of its respective assets to become or be deemed to be “plan assets” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.. Section 9.12

Appears in 2 contracts

Samples: Term Loan Agreement, Term Loan Agreement

ERISA Exemptions. The Borrower shall not, and Borrowers shall not permit any other Obligor or any Subsidiary of Borrower or any other Obligor to, permit any of its their respective assets to become or be deemed to be “plan assets” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.

Appears in 2 contracts

Samples: Credit Agreement (Gladstone Commercial Corp), Credit Agreement (Gladstone Commercial Corp)

ERISA Exemptions. The Borrower shall not, and shall not permit any other Obligor or any Subsidiary of Borrower or any other Obligor its Subsidiaries to, permit any of its respective assets to become or be deemed to be "plan assets" within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder, of any ERISA Plan or any Non-ERISA Plan.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Amreit), Revolving Credit Agreement (Amreit)

ERISA Exemptions. The Borrower shall not, and shall not permit any other Obligor or any Subsidiary of Borrower or any other Obligor to, permit any of its respective assets to become or be deemed to be "plan assets" within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder, of any ERISA Plan or any Non-ERISA Plan.

Appears in 2 contracts

Samples: Term Loan Agreement (Security Capital Group Inc/), Credit Agreement (Security Capital Group Inc/)

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ERISA Exemptions. The Borrower shall not, and shall not permit any other Obligor or any Subsidiary of Borrower or any other Obligor to, permit any of its respective assets to become or be deemed to be “plan assets” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.

Appears in 1 contract

Samples: Credit Agreement (Technology Investment Capital Corp)

ERISA Exemptions. The Borrower shall not, and shall not permit any other Obligor or any Subsidiary of Borrower or any other Obligor to, permit any of its respective assets to become or be deemed to be "plan assets" within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.

Appears in 1 contract

Samples: Credit Agreement (Technology Investment Capital Corp)

ERISA Exemptions. The Borrower shall not, and shall not permit any other Obligor or any Subsidiary of Borrower or any other Obligor to, permit any of its respective assets to become or be deemed to be "plan assets" within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.

Appears in 1 contract

Samples: Credit Agreement (American Capital Strategies LTD)

ERISA Exemptions. The Borrower shall not, and shall not permit any other Obligor or any Subsidiary of Borrower or any other Obligor to, permit any of its their respective assets to become or be deemed to be “plan assets” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.

Appears in 1 contract

Samples: Secured Revolving Credit Agreement (MVC Capital, Inc.)

ERISA Exemptions. The Borrower shall not, and shall not permit any other Obligor or any Subsidiary of Borrower or any other Obligor its Subsidiaries to, permit any of its respective assets to become or be deemed to be “plan assets” within the meaning of ERISA, the Internal Revenue 50 Code and the respective regulations promulgated thereunder, of any ERISA Plan or any Non-ERISA Plan.

Appears in 1 contract

Samples: Revolving Credit Agreement (Amreit)

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