ERISA Members. The Adviser will use reasonable efforts to avoid having the assets of the Fund constitute “plan assets” of any “benefit plan investor” within the meaning of Section 3(42) of ERISA that is subject to Title I of ERISA or Section 4975 of the Code.
Appears in 7 contracts
Samples: Limited Liability Company Agreement (New Mountain Guardian III BDC, L.L.C.), Merger Agreement (New Mountain Guardian III BDC, L.L.C.), Limited Liability Company Agreement (New Mountain Guardian III BDC, L.L.C.)
ERISA Members. The Adviser will use reasonable efforts to avoid having the assets of the Fund constitute “plan assets” of any “benefit plan investor” within the meaning of Section 3(42) of ERISA the Plan Asset Regulations that is subject to Title I of ERISA or Section 4975 of the Code.
Appears in 5 contracts
Samples: Limited Liability Company Agreement (New Mountain Guardian IV BDC, L.L.C.), Limited Liability Company Agreement (New Mountain Guardian IV Income Fund, L.L.C.), Limited Liability Company Agreement (New Mountain Guardian IV Unlevered BDC, L.L.C.)
