ERISA Representation. Each Lender as of the Closing Date represents and warrants as of the Closing Date to the Administrative Agent, and the Arranger and their respective Affiliates, and not, for the avoidance of doubt, for the benefit of the Borrower or any other Loan Party, that such Lender is not and will not be (a) an employee benefit plan subject to Title I of ERISA, (b) a plan or account subject to Section 4975 of the Internal Revenue Code; (c) an entity deemed to hold “plan assets” of any such plans or accounts for purposes of ERISA or the Internal Revenue Code; or (d) a “governmental plan” within the meaning of ERISA.
Appears in 2 contracts
Samples: Credit Agreement (Forward Air Corp), Credit Agreement (Coeur Mining, Inc.)
ERISA Representation. Each Lender as of the Closing Date represents and warrants as of the Closing Date to the Administrative Agent, Agent and the Arranger Arrangers and their respective Affiliates, and not, for the avoidance of doubt, for the benefit of the Borrower or any other Loan Party, that such Lender is not and will not be (a1) an employee benefit plan subject to Title I of ERISA, (b2) a plan or account subject to Section 4975 of the Internal Revenue Code; (c3) an entity deemed to hold “plan assets” of any such plans or accounts for purposes of ERISA or the Internal Revenue Code; or (d4) a “governmental plan” within the meaning of ERISA.
Appears in 2 contracts
Samples: Credit Agreement (Ciner Resources LP), Credit Agreement (Ciner Resources LP)
ERISA Representation. Each Lender and each L/C Issuer as of the Closing Date represents and warrants as of the Closing Date to the Administrative Agent, Agents and the Arranger Joint Lead Arrangers and their respective Affiliates, and not, for the avoidance of doubt, for the benefit of the any Borrower or any other Loan Party, that such Lender or L/C Issuer is not and will not be (ai) an employee benefit plan subject to Title I of ERISA, ; (bii) a plan or account subject to Section 4975 of the Internal Revenue Code; (ciii) an entity deemed to hold “plan assets” of any such plans or accounts for purposes of ERISA or the Internal Revenue Code; or (div) a “governmental plan” within the meaning of ERISA.
Appears in 1 contract
Samples: Credit Agreement (MULTI COLOR Corp)
