Common use of ERISA; No Plan Assets Clause in Contracts

ERISA; No Plan Assets. As of the date hereof and throughout the Term (i) neither Borrower, nor any Guarantor nor any ERISA Affiliate sponsors, or is obligated to contribute to, an “employee benefit plan,” as defined in Section 3(3) of ERISA, that is subject to Title IV of ERISA, Section 303 of ERISA or Section 412 of the Code, (ii) none of the assets of Borrower or any Guarantor constitutes or will constitute “plan assets” within the meaning of 29 C.F.R. Section 2510.3-101 as modified in operation by Section 3(42) of ERISA, (iii) neither Borrower nor any Guarantor is or will be a “governmental plan” within the meaning of Section 3(32) of ERISA, and (iv) neither Borrower nor any Guarantor are subject to state statutes regulating investment of, and fiduciary obligations with respect to, governmental plans. As of the date hereof, neither Borrower, nor any ERISA Affiliate maintains, sponsors or contributes to or has any obligations with respect to a “defined benefit plan” (within the meaning of Section 3(35) of ERISA) or a “multiemployer pension plan” (within the meaning of Section 3(37)(A) of ERISA). Borrower has not engaged in any transaction in connection with which it could be subject to either a material civil penalty assessed pursuant to the provisions of Section 502 of ERISA or a material tax imposed under the provisions of Section 4975 of the Code.

ERISA; No Plan Assets. As of the date hereof and throughout the Term (i) neither the Borrower, nor any Guarantor nor any Guarantors and the ERISA Affiliate sponsorsAffiliates do not sponsor, or is are not obligated to contribute to, and are not themselves an “employee benefit plan,” as defined in Section 3(3) of ERISA, that is subject to Title IV of ERISA, Section 303 of ERISA or Section 412 4975 of the Code, (ii) none of the assets of Borrower or any Guarantor constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3-101 as modified in operation by Section 3(42) of ERISA, (iii) neither Borrower nor any and each Guarantor is or are not and will not be a “governmental plan” within the meaning of Section 3(32) of ERISA, and (iv) neither transactions by or with Borrower nor or any Guarantor are not and will not be subject to state statutes regulating investment of, and fiduciary obligations with respect to, governmental plans. As of the date hereof, neither Borrower, Borrower nor any ERISA Affiliate maintains, sponsors or contributes to or has any obligations with respect to a “defined benefit plan” (within the meaning of Section 3(35) of ERISA) or a “multiemployer pension plan” (within the meaning of Section 3(37)(A) of ERISA). Borrower Bxxxxxxx has not engaged in any transaction in connection with which it could be subject to either a material civil penalty assessed pursuant to the provisions of Section 502 of ERISA or a material tax imposed under the provisions of Section 4975 of the Code.

ERISA; No Plan Assets. As of the date hereof and throughout the Term (ia) neither no Borrower, nor any Guarantor nor any ERISA Affiliate sponsorssponsor, or is are obligated to contribute to, or are themselves an “"employee benefit plan,” " as defined in Section 3(3) of ERISA, that is subject to Title IV of ERISA, Section 303 of ERISA or a "plan" as defined in Section 412 4975 of the Code, (iib) none of the assets of a Borrower or any Guarantor constitutes or will constitute “"plan assets” " of one or more such plans within the meaning of 29 C.F.R. Section 2510.3-101 101, as modified in operation by Section 3(42) of ERISA, (iiic) neither no Borrower nor any Guarantor is are or will be a “"governmental plan” " within the meaning of Section 3(32) of ERISA, and (ivd) neither Borrower nor any transactions by or with Borrowers or Guarantor are not and will not be subject to state statutes regulating investment of, and fiduciary obligations with respect to, governmental plans. As of the date hereof, neither no Borrower, Guarantor nor any ERISA Affiliate maintains, sponsors or contributes to or has any obligations obligation with respect to a “"defined benefit plan” " (within the meaning of Section 3(35) of ERISA) or a “"multiemployer pension plan” " (within the meaning of Section 3(37)(A) of ERISA). No Borrower nor Guarantor has not engaged in any transaction in connection with which it could be subject to either a material civil penalty assessed pursuant to the provisions of Section 502 of ERISA or a material tax Tax imposed under the provisions of Section 4975 of the Code.