ERISA Restrictions. (a) Subject to the provisions of subsection (b), no Residual Certificates or Private Certificates may be acquired directly or indirectly by, or on behalf of, an employee benefit plan or other retirement arrangement (a “Plan”) that is subject to Title I of ERISA or Section 4975 of the Code, or by a person using “plan assets” of a Plan, unless the proposed transferee provides the Securities Administrator, with an Opinion of Counsel addressed to the Master Servicer and the Securities Administrator (upon which they may rely) that is satisfactory to the Securities Administrator, which opinion will not be at the expense of the Master Servicer or the Securities Administrator, that the purchase of such Certificates by or on behalf of such Plan is permissible under applicable law, will not constitute or result in a nonexempt prohibited transaction under ERISA or Section 4975 of the Code and will not subject the Depositor, the Master Servicer or the Securities Administrator to any obligation in addition to those undertaken in the Agreement.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust, Series 2005-5), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust, Series 2005-7), Pooling and Servicing Agreement (Structured Asset Mort Inv Ii Inc Bear Stearns Alt a Tr 05 3)
ERISA Restrictions. (a) Subject to the provisions of subsection (b), no Residual Certificates or Private Certificates may be acquired directly or indirectly by, or on behalf of, an employee benefit plan or other retirement arrangement (a “Plan”) that is subject to Title I of ERISA or Section 4975 of the CodeCode (a "Plan"), or by a person using “"plan assets” " of a Plan, unless the proposed transferee provides the Securities AdministratorTrustee, with an Opinion of Counsel addressed to the Master Servicer and the Securities Administrator Trustee (upon which they may rely) that is satisfactory to the Securities AdministratorTrustee, which opinion will not be at the expense of the Master Servicer or the Securities AdministratorTrustee, that the purchase of such Certificates by or on behalf of such Plan is permissible under applicable law, will not constitute or result in a nonexempt prohibited transaction under ERISA or Section 4975 of the Code and will not subject the Depositor, the Master Servicer or the Securities Administrator Trustee to any obligation in addition to those undertaken in the this Agreement.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Ar4), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2007-Ar4), Pooling and Servicing Agreement (GreenPoint MFT 2006-Ar3)
ERISA Restrictions. (a) Subject a)Subject to the provisions of subsection (b), no Residual Certificates or Private Certificates may be acquired directly or indirectly by, or on behalf of, an employee benefit plan or other retirement arrangement (a “"Plan”") that is subject to Title I of ERISA or and/or Section 4975 of the Code, or by a person using “"plan assets” " of a Plan, unless the proposed transferee provides the Securities Administrator, Trustee with an Opinion of Counsel addressed to for the benefit of the Trustee, the Master Servicer and the Securities Administrator (upon and on which they may rely) that rely which is the satisfactory to the Securities AdministratorTrustee, which opinion will not be at the expense of the Trustee, the Master Servicer or the Securities Administrator, that the purchase of such Certificates by or on behalf of such Plan is permissible under applicable law, will not constitute or result in a nonexempt prohibited transaction under ERISA or Section 4975 of the Code and will not subject the DepositorTrustee, the Master Servicer or the Securities Administrator to any obligation in addition to those undertaken in the Agreement.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns Trust Mortgage Pass-Through Certs Ser 2004), Pooling and Servicing Agreement (Structured Asset Mort Inv Ii Inc Bear Stearns Alt a Tr 04 6), Pooling and Servicing Agreement (Structured Asset Mort Inv Ii Inc Bear Stearns Alt a Tr 04 10)
ERISA Restrictions. (a) Subject to the provisions of subsection (b), no Residual Certificates or Private Certificates may be acquired directly or indirectly by, or on behalf of, an employee benefit plan or other retirement arrangement (a “Plan”) that is subject to Title I of ERISA or Section 4975 of the Code, or by a person using “plan assets” of a Plan, unless the proposed transferee provides the Securities AdministratorTrustee, with an Opinion of Counsel addressed to the Master Servicer and the Securities Administrator Trustee (upon which they may rely) that is satisfactory to the Securities AdministratorTrustee, which opinion will not be at the expense of the Master Servicer or the Securities AdministratorTrustee, that the purchase of such Certificates by or on behalf of such Plan is permissible under applicable law, will not constitute or result in a nonexempt prohibited transaction under ERISA or Section 4975 of the Code and will not subject the Depositor, the Master Servicer or the Securities Administrator Trustee to any obligation in addition to those undertaken in the this Agreement.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (GreenPoint MTA Trust 2005-Ar3), Pooling and Servicing Agreement (GreenPoint MTA Trust 2005-Ar2), Pooling and Servicing Agreement (GreenPoint MTA Trust 2005-Ar4)
ERISA Restrictions. (a) Subject to the provisions of subsection (b), no Residual Certificates or Private Certificates may be acquired directly or indirectly by, or on behalf of, an employee benefit plan or other retirement arrangement (a “"Plan”") that is subject to Title I of ERISA or Section 4975 of the Code, or by a person using “"plan assets” " of a Plan, unless the proposed transferee provides the Securities AdministratorTrustee, with an Opinion of Counsel addressed to the Master Servicer and the Securities Administrator Trustee (upon which they may rely) that is satisfactory to the Securities AdministratorTrustee, which opinion will not be at the expense of the Master Servicer or the Securities AdministratorTrustee, that the purchase of such Certificates by or on behalf of such Plan is permissible under applicable law, will not constitute or result in a nonexempt prohibited transaction under ERISA or Section 4975 of the Code and will not subject the Depositor, the Master Servicer or the Securities Administrator Trustee to any obligation in addition to those undertaken in the this Agreement.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (GreenPoint MFT 2006-Ar2), Pooling and Servicing Agreement (GreenPoint MTA Trust 2005-Ar5)
ERISA Restrictions. (a) Subject to the provisions of subsection (b), no Residual Certificates or Private Certificates may be acquired directly or indirectly by, or on behalf of, an employee benefit plan or other retirement arrangement (a “"Plan”") that is subject to Title I of ERISA or Section 4975 of the Code, or by a person using “"plan assets” " of a Plan, unless the proposed transferee provides the Securities AdministratorTrustee, with an Opinion of Counsel addressed to the Trustee, the Master Servicer and the Securities Administrator (upon which they may rely) that is satisfactory to the Securities AdministratorTrustee, which opinion will not be at the expense of the Trustee, the Master Servicer or the Securities Administrator, that the purchase of such Certificates by or on behalf of such Plan is permissible under applicable law, will not constitute or result in a nonexempt prohibited transaction under ERISA or Section 4975 of the Code and will not subject the Depositor, the Master Servicer or Servicer, the Securities Administrator or the Trustee to any obligation in addition to those undertaken in the Agreement.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Structured Asset Mort Inv Ii Inc Bear Stearns Alt a Tr 04 11), Pooling and Servicing Agreement (Structured Asset Mort Inv Ii Inc Bear Stearns Alt a Tr 04 7)
ERISA Restrictions. (a) Subject to the provisions of subsection (b), no Residual Certificates or Private Certificates may be acquired directly or indirectly by, or on behalf of, an employee benefit plan or other retirement arrangement (a “Plan”) that is subject to Title I of ERISA or Section 4975 of the CodeCode (a "Plan"), or by a person using “"plan assets” " of a Plan, unless the proposed transferee provides the Securities AdministratorTrustee, with an Opinion of Counsel addressed to the Master Servicer and the Securities Administrator Trustee (upon which they may rely) that is satisfactory to the Securities AdministratorTrustee, which opinion will not be at the expense of the Master Servicer or the Securities AdministratorTrustee, that the purchase of such Certificates by or on behalf of such Plan is permissible under applicable law, will not constitute or result in a nonexempt non-exempt prohibited transaction under ERISA or Section 4975 of the Code and will not subject the Depositor, the Master Servicer or the Securities Administrator Trustee to any obligation in addition to those undertaken in the this Agreement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments II Trust 2007-Ar4)
ERISA Restrictions. (a) Subject a)Subject to the provisions of subsection (b), no Residual Certificates or Private Certificates may be acquired directly or indirectly by, or on behalf of, an employee benefit plan or other retirement arrangement (a “Plan”) that is subject to Title I of ERISA or and/or Section 4975 of the Code, or by a person using “plan assets” of a Plan, unless the proposed transferee provides the Securities Administrator, Trustee with an Opinion of Counsel addressed to for the benefit of the Trustee, the Master Servicer and the Securities Administrator (upon and on which they may rely) that rely which is the satisfactory to the Securities AdministratorTrustee, which opinion will not be at the expense of the Trustee, the Master Servicer or the Securities Administrator, that the purchase of such Certificates by or on behalf of such Plan is permissible under applicable law, will not constitute or result in a nonexempt prohibited transaction under ERISA or Section 4975 of the Code and will not subject the DepositorTrustee, the Master Servicer or the Securities Administrator to any obligation in addition to those undertaken in the Agreement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns BSALTA 2005-1)
ERISA Restrictions. (a) Subject to the provisions of subsection (b), no Residual Certificates or Private Certificates may be acquired directly or indirectly by, or on behalf of, an employee benefit plan or other retirement arrangement (a “Plan”) that is subject to Title I of ERISA or Section 4975 of the CodeCode (a "Plan"), or by a person using “"plan assets” " of a Plan, unless the proposed transferee provides the Securities Administrator, with an Opinion of Counsel addressed to the Master Servicer Servicer, the Trustee and the Securities Administrator (upon which they may rely) that is satisfactory to the Securities Administrator, which opinion will not be at the expense of the Master Servicer Servicer, the Trustee or the Securities Administrator, that the purchase of such Certificates by or on behalf of such Plan is permissible under applicable law, will not constitute or result in a nonexempt prohibited transaction under ERISA or Section 4975 of the Code and will not subject the Depositor, the Master Servicer Servicer, the Trustee or the Securities Administrator to any obligation in addition to those undertaken in the Agreement.
Appears in 1 contract
ERISA Restrictions. (a) Subject to the provisions of subsection (b), no Residual Certificates or Private Certificates may be acquired directly or indirectly by, or on behalf of, an employee benefit plan or other retirement arrangement (a “Plan”) that is subject to Title I of ERISA or and/or Section 4975 of the Code, or by a person using “plan assets” of a Plan, unless the proposed transferee provides the Securities Administrator, Trustee with an Opinion of Counsel addressed to for the benefit of the Trustee, the Master Servicer and the Securities Administrator (upon and on which they may rely) that rely which is the satisfactory to the Securities AdministratorTrustee, which opinion will not be at the expense of the Trustee, the Master Servicer or the Securities Administrator, that the purchase of such Certificates by or on behalf of such Plan is permissible under applicable law, will not constitute or result in a nonexempt prohibited transaction under ERISA or Section 4975 of the Code and will not subject the DepositorTrustee, the Master Servicer or the Securities Administrator to any obligation in addition to those undertaken in the Agreement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
ERISA Restrictions. (a) Subject to the provisions of subsection (b), no Residual Certificates or Private Certificates may be acquired directly or indirectly by, or on behalf of, an employee benefit plan or other retirement arrangement (a “Plan”) that is subject to Title I of ERISA or Section 4975 of the CodeCode (a "Plan"), or by a person using “"plan assets” " of a Plan, unless the proposed transferee provides the Securities Administrator, with an Opinion of Counsel addressed to the Master Servicer and the Securities Administrator (upon which they may rely) that is satisfactory to the Securities Administrator, which opinion will not be at the expense of the Master Servicer or the Securities Administrator, that the purchase of such Certificates by or on behalf of such Plan is permissible under applicable law, will not constitute or result in a nonexempt prohibited transaction under ERISA or Section 4975 of the Code and will not subject the Depositor, the Master Servicer or the Securities Administrator to any obligation in addition to those undertaken in the Agreement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-5)
ERISA Restrictions. (a) Subject to the provisions of subsection subSection (b), no Residual Certificates or Private Certificates may be acquired directly or indirectly by, or on behalf of, an employee benefit plan or other retirement arrangement (a “Plan”) that is subject to Title I of ERISA or Section 4975 of the CodeCode (a "Plan"), or by a person using “"plan assets” " of a Plan, unless the proposed transferee provides the Securities Administrator, with an Opinion of Counsel addressed to the Master Servicer Servicer, the Trustee and the Securities Administrator (upon which they may rely) that is satisfactory to the Securities Administrator, which opinion will not be at the expense of the Master Servicer Servicer, the Trustee or the Securities Administrator, that the purchase of such Certificates by or on behalf of such Plan is permissible under applicable law, will not constitute or result in a nonexempt prohibited transaction under ERISA or Section 4975 of the Code and will not subject the Depositor, the Master Servicer Servicer, the Trustee or the Securities Administrator to any obligation in addition to those undertaken in the Agreement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-6)
ERISA Restrictions. (a) Subject to the provisions of subsection (b), no Residual Certificates or Private Certificates may be acquired directly or indirectly by, or on behalf of, an employee benefit plan or other retirement arrangement (a “"Plan”") that is subject to Title I of ERISA or Section 4975 of the Code, or by a person using “"plan assets” " of a Plan, unless the proposed transferee provides the Securities Administrator, with an Opinion of Counsel addressed to the Master Servicer and the Securities Administrator (upon which they may rely) that is satisfactory to the Securities Administrator, which opinion will not be at the expense of the Master Servicer or the Securities Administrator, that the purchase of such Certificates by or on behalf of such Plan is permissible under applicable law, will not constitute or result in a nonexempt prohibited transaction under ERISA or Section 4975 of the Code and will not subject the Depositor, the Master Servicer or the Securities Administrator to any obligation in addition to those undertaken in the Agreement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust, Series 2005-9)
ERISA Restrictions. (a) Subject to the provisions of subsection (b), no Residual Certificates or Private Certificates may be acquired directly or indirectly by, or on behalf of, an employee benefit plan or other retirement arrangement (a “Plan”) that is subject to Title I of ERISA or Section 4975 of the Code, or by a person using “plan assets” of a Plan, unless the proposed transferee provides the Securities AdministratorTrustee, with an Opinion of Counsel addressed to the Trustee, the Master Servicer and the Securities Administrator (upon which they may rely) that is satisfactory to the Securities AdministratorTrustee, which opinion will not be at the expense of the Trustee, the Master Servicer or the Securities Administrator, that the purchase of such Certificates by or on behalf of such Plan is permissible under applicable law, will not constitute or result in a nonexempt prohibited transaction under ERISA or Section 4975 of the Code and will not subject the Depositor, the Master Servicer or Servicer, the Securities Administrator or the Trustee to any obligation in addition to those undertaken in the Agreement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mort Inv Ii Inc Bear Stearns Alt a Tr 05 2)