Common use of ERISA Representation Clause in Contracts

ERISA Representation. (i) Party A represents and warrants at all times hereunder that it is not a pension plan or employee benefit plan and that it is not using assets of any such plan or assets deemed to be assets of such a plan in connection with any Transaction under this Agreement, and (ii) Party B represents and warrants at all times hereunder that (x) it is not a pension plan or employee benefit plan, and (y) (1) that it is not acting on behalf of any such plan or using assets of any such plan or assets deemed to be assets of any such plan in connection with any Transaction under this Agreement or (2) any pension plan or employee benefits plan subject to the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), or Section 4975 of the Internal Revenue Code of 1986, as amended (the “Code”), or any person who is acting on behalf of such a plan or using assets of such plan or assets deemed to be “plan assets” of such plan pursuant to U.S. Department of Labor regulation section 2510.3-101, who purchases a certificate issued by the Trust while the Trust is in existence (i) shall represent or shall be deemed to represent that the purchase and holding of such certificate is in reliance on at least one of the Prohibited Transaction Class Exemptions of 80-00, 00-0, 00-00, 00-00 xx 00-00 xx (xx) shall provide an opinion of counsel which states that such purchase and holding is permissible under applicable law and will not result in a prohibited transaction under ERISA or Section 4975 of the Code.”

ERISA Representation. (iA) Party A represents and warrants at all times hereunder that it is not a pension plan or employee benefit plan and that it is not using assets of any such plan or assets deemed to be assets of such a plan in connection with any Transaction under this Agreement, and (iiB) Party B represents and warrants at all times hereunder that (x) it is not a pension plan or employee benefit plan, and (y) ) (1) that it is not acting on behalf of any such plan or using assets of any such plan or assets deemed to be assets of any such plan in connection with any Transaction under this Agreement or (2) any pension plan or employee benefits plan subject to the Employee Retirement Income Security Act of 1974, as amended (“"ERISA”"), or Section 4975 of the Internal Revenue Code of 1986, as amended (the “"Code”"), or any person who is acting on behalf of such a plan plan, or using assets of such plan or assets deemed to be “"plan assets” " of such plan pursuant to U.S. Department for purposes of Labor regulation section 2510.3-101ERISA or the Code, who purchases a certificate issued by the Trust while the Trust this Agreement is in existence (i) shall represent or shall be deemed to represent that the purchase and holding of such certificate is in reliance on at least one of the Prohibited Transaction Class Exemptions of 8000-00, 00-0, 00-00, 00-00 xx 00-00 xx (xx) shall provide an opinion of counsel which states that such purchase and holding is permissible under applicable law and will not result in a prohibited transaction under ERISA or Section 4975 of the Code.”"

ERISA Representation. (i) Party A represents and warrants at all times hereunder that it is not a pension plan or employee benefit plan and that it is not using assets of any such plan or assets deemed to be assets of such a plan in connection with any Transaction under this Agreement, and (ii) Party B represents and warrants at all times hereunder that (x) it is not a pension plan or employee benefit plan, and (y) ) (1) that it is not acting on behalf of any such plan or using assets of any such plan or assets deemed to be assets of any such plan in connection with any Transaction under this Agreement or (2) any pension plan or employee benefits plan subject to the Employee Retirement Income Security Act of 1974, as amended (“"ERISA”"), or Section 4975 of the Internal Revenue Code of 1986, as amended (the “"Code”"), or any person who is acting on behalf of such a plan plan, or using assets of such plan or assets deemed to be “"plan assets” " of such plan pursuant to U.S. Department for purposes of Labor regulation section 2510.3-101ERISA or the Code, who purchases a certificate issued by the Trust while the Trust this Agreement is in existence (i) shall represent or shall be deemed to represent that the purchase and holding of such certificate is in reliance on at least one of the Prohibited Transaction Class Exemptions of 8000-00, 00-0, 00-00, 00-00 xx 00-00 xx (xx) shall provide an opinion of counsel which states that such purchase and holding is permissible under applicable law and will not result in a prohibited transaction under ERISA or Section 4975 of the Code.”"

ERISA Representation. (i) Party A represents and warrants at all times hereunder that it is not a pension plan or employee benefit benefits plan and that it is not using assets of any such plan or assets deemed to be assets of such a plan in connection with any Transaction under this Agreement, and (ii) Party B represents and warrants at all times hereunder that (x) it is not a pension plan or employee benefit benefits plan, and (y) ) (1) that it is not acting on behalf of any such plan or using assets of any such plan or assets deemed to be assets of any such plan in connection with any Transaction under this Agreement or (2) any pension plan or employee benefits plan subject to the Employee Retirement Income Security Act of 1974, as amended (“"ERISA”"), or Section 4975 of the Internal Revenue Code of 1986, as amended (the “"Code”"), or any person who is acting on behalf of such a plan or using assets of such plan or assets deemed to be “plan assets” of such plan pursuant to U.S. Department of Labor regulation section 2510.3-101plan, who purchases a certificate issued by the Trust while the Trust this Agreement is in existence (i) shall represent or shall be deemed to represent that the purchase and holding of such certificate is in reliance on at least one of the Prohibited Transaction Class Exemptions of 8084-0014, 0090-01, 0091-0038, 0095-00 xx 0060 or 96-00 xx 23 or (xx) shall provide an opinion of counsel xxxxx xxxxxxx xx xxxxxxx xx xxxxxxx which states that such purchase and holding is permissible under applicable law and will not result in a prohibited transaction under ERISA or Section 4975 of the Code.”"

ERISA Representation. (i) Party A represents and warrants at all times hereunder that it is not a pension plan or employee benefit benefits plan and that it is not using assets of any such plan or assets deemed to be assets of such a plan in connection with any Transaction under this Agreement, and (ii) Party B represents and warrants at all times hereunder that (x) it is not a pension plan or employee benefit plan, and (y) ) (1) that it is not acting on behalf of any such plan or using assets of any such plan or assets deemed to be assets of any such plan in connection with any Transaction under this Agreement or (2) any pension plan or employee benefits plan subject to the Employee Retirement Income Security Act of 1974, as amended (“"ERISA”"), or Section 4975 of the Internal Revenue Code of 1986, as amended (the “"Code”"), or any person who is acting on behalf of such a plan or using assets of such plan or assets deemed to be “plan assets” of such plan pursuant to U.S. Department of Labor regulation section 2510.3-101plan, who purchases a certificate issued by the Trust while the Trust this Agreement is in existence (i) shall represent or shall be deemed to represent that the purchase and holding of such certificate is in reliance on at least one of the Prohibited Transaction Class Exemptions of 8084-0014, 0090-01, 0091-0038, 0095-00 60 or 96-23 or (ii) shxxx xxxxxxx xx 00-00 xxxxxxx xx (xx) shall provide an opinion of counsel which states xxxxxxx xxxxx xxates that such purchase and holding is permissible under applicable law and will not result in a prohibited transaction under ERISA or Section 4975 of the Code.”"

ERISA Representation. (i) Party A represents and warrants at all times hereunder that it is not a pension plan or employee benefit benefits plan and that it is not using assets of any such plan or assets deemed to be assets of such a plan in connection with any Transaction under this Agreement, and (ii) Party B represents and warrants at all times hereunder that (x) it is not a pension plan or employee benefit plan, and (y) (1) that it is not acting on behalf of any such plan or using assets of any such plan or assets deemed to be assets of any such plan in connection with any Transaction under this Agreement or (2) any pension plan or employee benefits plan subject to the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), or Section 4975 of the Internal Revenue Code of 1986, as amended (the “Code”), or any person who is acting on behalf of such a plan or using assets of such plan or assets deemed to be “plan assets” of such plan pursuant to U.S. Department of Labor regulation section 2510.3-101, who purchases a certificate issued by the Trust while the Trust is in existence (i) shall represent or shall be deemed to represent that the purchase and holding of such certificate is in reliance on at least one of the Prohibited Transaction Class Exemptions of 80-00, 00-0, 00-00, 00-00 xx 00-00 xx (xx) shall provide an opinion of counsel which states that such purchase and holding is permissible under applicable law and will not result in a prohibited transaction under ERISA or Section 4975 of the Code.”

ERISA Representation. (i) Party A represents and warrants at all times hereunder that it is not a pension plan or employee benefit plan and that it is not using assets of any such plan or assets deemed to be assets of such a plan in connection with any Transaction under this Agreement, and (ii) Party B represents and warrants at all times hereunder that (x) it is not a pension plan or employee benefit plan, and (y) ) (1) that it is not acting on behalf of any such plan or using assets of any such plan or assets deemed to be assets of any such plan in connection with any Transaction under this Agreement or (2) any pension plan or employee benefits plan subject to the Employee Retirement Income Security Act of 1974, as amended (“"ERISA”"), or Section 4975 of the Internal Revenue Code of 1986, as amended (the “"Code”"), or any person who is acting on behalf of such a plan plan, or using assets of such plan or assets deemed to be “"plan assets” " of such plan pursuant to U.S. Department for purposes of Labor regulation section 2510.3-101ERISA or the Code, who purchases a certificate issued by the Trust while the Trust this Agreement is in existence (i) shall represent or shall be deemed to represent that the purchase and holding of such certificate is in reliance on at least one of the Prohibited Transaction Class Exemptions of 8084-0014, 0090-01, 0091-0038, 0095-00 60 or 96-23 or (ii) shalx xxxxxxx xx 00-00 xxxxxxx xx (xx) shall provide an opinion of counsel which states xxxxxxx xxxxx xxxxes that such purchase and holding is permissible under applicable law and will not result in a prohibited transaction under ERISA or Section 4975 of the Code.”"