Common use of ERISA Restrictions Clause in Contracts

ERISA Restrictions. The Certificate may not be acquired by or for the account of (i) an employee benefit plan (as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”)) that is subject to the provisions of Title I of ERISA, (ii) a plan (as defined in Section 4975(e)(1) of the Code) that is subject to Section 4975 of the Code, or (iii) any entity whose underlying assets include assets of a plan described in (i) or (ii) above by reason of such plan’s investment in the entity (each, a “Benefit Plan”). By accepting and holding its beneficial ownership interest in its Certificate, the Holder thereof shall be deemed to have represented and warranted that it is not a Benefit Plan.

Appears in 26 contracts

Samples: Trust Agreement (Americredit Automobile Receivables Trust 2004-B-M), Trust Agreement (AFS Funding Trust), Trust Agreement (AmeriCredit Automobile Receivables Trust 2004-1)

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ERISA Restrictions. The Certificate Certificates may not be acquired by or for the account of (i) an employee benefit plan (as defined in Section § 3(3) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”)) that is subject to the provisions of Title I of ERISA, (ii) a plan (as defined in Section § 4975(e)(1) of the Code) that is subject to Section 4975 of the Code, Code or (iii) any entity whose underlying assets include assets of a plan described in (i) or (ii) above by reason of such plan’s investment in the entity (each, a “Benefit Plan”). By accepting The Certificate Registrar shall not register the transfer of a Certificate unless the transferee has delivered to the Owner Trustee a representation letter in form and holding its beneficial ownership interest in its Certificatesubstance satisfactory to the Owner Trustee to the effect that the transferee is not, the Holder thereof shall be deemed to have represented and warranted that it is not acquiring the Certificate for the account of, a Benefit Plan.

Appears in 11 contracts

Samples: Trust Agreement (HSBC Auto Receivables Corp), Trust Agreement (HSBC Automotive Trust (USA) 2006-3), Trust Agreement (Household Automotive Trust 2004-1)

ERISA Restrictions. The Certificate may not be acquired by or for the account of (i) an employee benefit plan (as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA")) that is subject to the provisions of Title I of ERISA, (ii) a plan (as defined in Section 4975(e)(1) of the Code) that is subject to Section 4975 of the Code, or (iii) any entity whose underlying assets include assets of a plan described in (i) or (ii) above by reason of such plan’s 's investment in the entity (each, a “Benefit Plan”"BENEFIT PLAN"). By accepting and holding its beneficial ownership interest in its Certificate, the Holder thereof shall be deemed to have represented and warranted that it is not a Benefit Plan.

Appears in 11 contracts

Samples: Trust Agreement (MFN Financial Corp), Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc)

ERISA Restrictions. The Certificate may not be acquired by or for the account of (i) an employee benefit plan (as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA")) that is subject to the provisions of Title I of ERISA, (ii) a plan (as defined in Section 4975(e)(1) of the Code) that is subject to Section 4975 of the Code, or (iii) any entity whose underlying assets include assets of a plan described in (i) or (ii) above by reason of such plan’s 's investment in the entity (each, a "Benefit Plan"). By accepting and holding its beneficial ownership interest in its Certificate, the Holder thereof shall be deemed to have represented and warranted that it is not a Benefit Plan.

Appears in 6 contracts

Samples: Trust Agreement (Americredit Automobile Receivables Trust 2003-B-X), Trust Agreement (Americredit Financial Services Inc), Trust Agreement (AmeriCredit Automobile Receivables Trust 2007-a-X)

ERISA Restrictions. The Certificate Certificates may not be acquired by or for the account of (ia) an employee benefit plan (as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA")) that is subject to the provisions of Title I of ERISA, (iib) a plan (as defined in Section 4975(e)(1) of the Code) that is subject to Section 4975 of the Code, or (iiic) any entity whose underlying assets include assets of a plan described in (ia) or (iib) above by reason of such plan’s 's investment in the entity (including, without limitation, an insurance company general account) (each, a "Benefit Plan"). By accepting and holding its beneficial ownership interest in its Certificate, the Holder thereof shall be is deemed to have represented and warranted that it is not a Benefit Plan.

Appears in 6 contracts

Samples: Trust Agreement (Triad Financial Special Purpose LLC), Trust Agreement (Triad Financial Special Purpose LLC), Trust Agreement (Triad Automobile Receivables Trust 2006-A)

ERISA Restrictions. The Certificate Certificates may not be acquired by or for the account of (i) an employee benefit plan (as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA")) that is subject to the provisions of Title I 1 of ERISA, (ii) a plan (as defined described in Section 4975(e)(1) of the Code) that is subject to Section 4975 Internal Revenue Code of the Code1985, as amended, or (iii) any entity whose underlying assets include plan assets of a plan described in (i) or (ii) above by reason of such a plan’s 's investment in the entity (each, a "Benefit Plan"). By accepting and holding its beneficial ownership interest in its a Certificate, the Holder thereof shall be deemed to have represented and warranted that it is not a Benefit Plan.

Appears in 6 contracts

Samples: Trust Agreement (TMS Auto Holdings Inc), Trust Agreement (Ml Asset Backed Corp), Trust Agreement (TMS Auto Holdings Inc)

ERISA Restrictions. The Certificate Certificates may not be acquired by or for the account of (i) an employee benefit plan (as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA")) that is subject to the provisions of Title I of ERISA, (ii) a plan (as defined described in Section 4975(e)(1) of the Code) that is subject to Section 4975 Internal Revenue Code of the Code1986, as amended, or (iii) any entity whose underlying assets include plan assets of a plan described in (i) or (ii) above by reason of such a plan’s 's investment in the entity (each, a "Benefit Plan"). By accepting and holding its beneficial ownership interest in its Certificate, the Holder thereof shall be deemed to have represented and warranted that it is not a Benefit Plan.

Appears in 5 contracts

Samples: Trust Agreement (Consumer Portfolio Services Inc), Trust Agreement (Consumer Portfolio Services Inc), Trust Agreement (Consumer Portfolio Services Inc)

ERISA Restrictions. The Certificate Certificates may not be acquired by or for the account of (i) an employee benefit plan (as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA")) that is subject to the provisions of Title I of ERISA, (ii) a plan (as defined described in Section 4975(e)(1) of the Code) that is subject to Section 4975 Internal Revenue Code of the Code1985, as amended, or (iii) any entity whose underlying assets include plan assets of a plan described in (i) or (ii) above by reason of such a plan’s 's investment in the entity (each, a "Benefit Plan"). By accepting and holding its beneficial ownership interest in its Certificate, the Holder thereof shall be deemed to have represented and warranted that it is not a Benefit Plan.

Appears in 5 contracts

Samples: Trust Agreement (National Auto Finance Co Inc), Trust Agreement (Household Auto Receivables Corp), Trust Agreement (National Auto Finance Co Inc)

ERISA Restrictions. The Certificate may not be acquired ------------------ by or for the account of (i) an employee benefit plan (as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA")) that is subject to the provisions of Title I of ERISA, (ii) a plan (as defined described in Section 4975(e)(1) of the Code) that is subject to Section 4975 Internal Revenue Code of the Code1986, as amended, or (iii) any entity whose underlying assets include plan assets of a plan described in (i) or (ii) above by reason of such a plan’s 's investment in the entity (each, a "Benefit Plan"). By accepting and holding its beneficial ownership interest in its Certificate, the Holder thereof shall be deemed to have represented and warranted that it is not a Benefit Plan.

Appears in 4 contracts

Samples: Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc)

ERISA Restrictions. The Certificate Certificates may not be acquired by or for the account of (ia) an employee benefit plan (as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”)) that is subject to the provisions of Title I of ERISA, (iib) a plan (as defined in Section 4975(e)(1) of the Code) that is subject to Section 4975 of the Code, or (iiic) any entity whose underlying assets include assets of a plan described in (ia) or (iib) above by reason of such plan’s investment in the entity (including, without limitation, an insurance company general account) (each, a “Benefit Plan”). By accepting and holding its beneficial ownership interest in its Certificate, the Holder thereof shall be is deemed to have represented and warranted that it is not a Benefit Plan.

Appears in 3 contracts

Samples: Trust Agreement (Triad Financial Special Purpose LLC), Trust Agreement (Triad Financial Special Purpose LLC), Trust Agreement (Triad Financial Special Purpose LLC)

ERISA Restrictions. The Certificate Residual Certificates may not be acquired by or for the account of (i) an employee benefit plan (as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”)) that is subject to the provisions of Title I of ERISA, (ii) a plan (as defined described in Section 4975(e)(1) of the Code) that is subject to Section 4975 of the Code, or (iii) any entity whose underlying assets include plan assets of a plan described in (i) or (ii) above by reason of such a plan’s 's investment in the entity (each, a "Benefit Plan"). By accepting and holding its beneficial ownership interest in its Residual Certificate, the Holder thereof shall be deemed to have represented and warranted that it is not a Benefit Plan.

Appears in 3 contracts

Samples: Trust Agreement (Greenpoint Mortgage Securities Inc/), Trust Agreement (Greenpoint Mortgage Securities Inc/), Trust Agreement (Greenpoint Mortgage Securities Inc/)

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ERISA Restrictions. The Certificate Certificates may not be acquired by ------------------ or for the account of (i) an employee benefit plan (as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA")) that is subject to the provisions of Title I 1 of ERISA, (ii) a plan (as defined described in Section 4975(e)(1) of the Code) that is subject to Section 4975 Internal Revenue Code of the Code1985, as amended, or (iii) any entity whose underlying assets include plan assets of a plan described in (i) or (ii) above by reason of such a plan’s 's investment in the entity (each, a "Benefit Plan"). By accepting and holding its beneficial ownership interest in its a Certificate, the Holder thereof shall be deemed to have represented and warranted that it is not a Benefit Plan.

Appears in 2 contracts

Samples: Trust Agreement (Prudential Securities Secured Financing Corp), Trust Agreement (Prudential Securities Secured Financing Corp)

ERISA Restrictions. The Certificate may not be acquired ------------------ by or for the account of (i) an employee benefit plan (as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA")) that is subject to the provisions of Title I of ERISA, (ii) a plan (as defined in Section 4975(e)(1) of the Code) that is subject to Section 4975 of the Code, or (iii) any entity whose underlying assets include assets of a plan described in (i) or (ii) above by reason of such plan’s 's investment in the entity (each, a "Benefit Plan"). By accepting and holding its beneficial ownership interest in its Certificate, the Holder thereof shall be deemed to have represented and warranted that it is not a Benefit Plan.

Appears in 2 contracts

Samples: Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc)

ERISA Restrictions. The Certificate may not be acquired by or for the account of (i) an employee benefit plan (as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA")) that is subject to the provisions of Title I of ERISA, (ii) a plan (as defined in Section 4975(e)(1) of the Code) that is subject to Section 4975 of the Code, or (iii) any entity whose underlying assets include assets of a plan described in (i) or (ii) above by reason of such plan’s 's investment in the entity (including, without limitation, an insurance company general account) (each, a "Benefit Plan"). By accepting and holding its beneficial ownership interest in its Certificate, the Holder thereof shall be is deemed to have represented and warranted that it is not a Benefit Plan.

Appears in 2 contracts

Samples: Trust Agreement (Triad Automobile Receivables Trust 2003-B), Trust Agreement (Triad Automobile Receivables Trust 2004-A)

ERISA Restrictions. The Certificate may not be acquired by or for the account of (i) an employee benefit plan (as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA")) that is subject to the provisions of Title I of ERISA, (ii) a plan (as defined in Section 4975(e)(1) of the Code) that is subject to Section 4975 of the Code, or (iii) any entity whose underlying assets include assets of a plan described in (i) or (ii) above by reason of such plan’s 's investment in the entity (each, a "Benefit Plan"). By accepting and holding its beneficial ownership interest in its Certificate, the Holder thereof shall be is deemed to have represented and warranted that it is not a Benefit Plan.

Appears in 1 contract

Samples: Trust Agreement (Triad Automobile Receivables Trust 2002 A)

ERISA Restrictions. The Certificate Certificates may not be acquired by or for the account of (i) an employee benefit plan (as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”)) ERISA that is subject to the provisions of Title I of ERISA, (ii) a plan (as defined described in Section 4975(e)(1) of the Code) that is subject to Section 4975 Internal Revenue Code of the Code1986, as amended, or (iii) any entity whose underlying assets include plan assets of a plan described in (i) or (ii) above by reason of such a plan’s 's investment in the entity (each, a "Benefit Plan"). By accepting and holding its beneficial ownership interest in its Certificate, the Holder thereof shall be deemed to have represented and warranted that it is not a Benefit Plan.

Appears in 1 contract

Samples: Trust Agreement (Greenpoint Home Equity Loan Trust 1999 2)

ERISA Restrictions. The Certificate may not be acquired by or for the account of (i) an employee benefit plan (as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA)) that is subject to the provisions of Title I of ERISA, (ii) a plan (as defined in Section 4975(e)(1) of the Code) that is subject to Section 4975 of the Code, or (iii) any entity whose underlying assets include assets of a plan described in (i) or (ii) above by reason of such plan’s investment in the entity (each, a “Benefit Plan). By accepting and holding its beneficial ownership interest in its Certificate, the Holder thereof shall be deemed to have represented and warranted that it is not a Benefit Plan.

Appears in 1 contract

Samples: Trust Agreement (Americredit Automobile Receivable Trust 2005-D-A)

ERISA Restrictions. The Certificate may not be acquired by or for the account of (i) an employee benefit plan (as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA")) that is subject to the provisions of Title I of ERISA, (ii) a plan (as defined described in Section 4975(e)(1) of the Code) that is subject to Section 4975 of the Code, or (iii) any entity whose underlying assets include plan assets of a plan described in (i) or (ii) above by reason of such a plan’s 's investment in the entity (each, a "Benefit Plan"). By accepting and holding its beneficial ownership interest The Certificate shall not be registered in its Certificate, the name of any Holder thereof shall be deemed to have represented and warranted that it is not a Benefit Plan.unless the

Appears in 1 contract

Samples: Trust Agreement (National Auto Finance Co Inc)

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