Common use of ERISA Restrictions Clause in Contracts

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 that is subject to Title I of ERISA or Section 4975 of the Code (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, the Securities Administrator or the Trustee, 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, the Securities Administrator or the Trustee to any obligation in addition to those undertaken in the Agreement.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (MortgageIT Trust 2005-Ar1), Pooling and Servicing Agreement (MortgageIT Trust 2005-Ar1), Pooling and Servicing Agreement (MortgageIT Trust 2005-Ar1)

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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 that is subject to Title I of ERISA or Section 4975 of the Code (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, the Securities Administrator Trustee or the TrusteeSecurities 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, the Trustee or the Securities Administrator or the Trustee to any obligation in addition to those undertaken in the Agreement.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-2, Mortgage Pass-Through Certificates, Series 2006-2), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-3), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-4)

ERISA Restrictions. (a) Subject to the provisions of subsection Sub-Section (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 that is subject to Title I of ERISA or Section 4975 of the Code (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, the Securities Administrator Trustee or the TrusteeSecurities 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, the Trustee or the Securities Administrator or the Trustee to any obligation in addition to those undertaken in the Agreement.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2007-2), Assumption and Recognition Agreement (Bear Stearns ALT-A Trust II 2007-1), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-7)

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 that is subject to Title I of ERISA or Section 4975 of the Code (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, Servicer or the Securities Administrator or the TrusteeAdministrator, 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 or the Securities Administrator or the Trustee to any obligation in addition to those undertaken in the Agreement.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-5), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-4), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-3)

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 that is subject to Title I of ERISA or Section 4975 of the Code (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, Servicer or the Securities Administrator or the TrusteeAdministrator, 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 or the Securities Administrator or the Trustee to any obligation in addition to those undertaken in the Agreement.

Appears in 2 contracts

Samples: Recognition Agreement (Bear Stearns ALT-A Trust 2006-1), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-2, Mortgage Pass-Through Certificates, Series 2006-2)

ERISA Restrictions. (a) Subject to the provisions of subsection Sub-Section (b)) below, 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 that is subject to Title I of ERISA or Section 4975 of the Code (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, the Securities Administrator Trustee or the TrusteeSecurities 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, the Trustee or 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 (Bear Stearns Alt-a Trust 2006-8), Pooling and Servicing Agreement (Bear Stearns Alt-a Trust 2006-8)

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 (a “Plan”)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 Master ServicerTrustee, the Securities Administrator Master Servicer or the TrusteeSecurities 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, 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)

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 (a “Plan”)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 Master ServicerTrustee, the Securities Administrator Master Servicer or the TrusteeSecurities 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, Servicer or 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 Mortgage Investments Inc)

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 that is subject to Title I of ERISA or Section 4975 of the Code (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, the Securities Administrator Trustee or the TrusteeSecurities 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, the Trustee or 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 (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 (a “Plan”)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 102 the Master Servicer, Servicer or the Securities Administrator or the TrusteeAdministrator, 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 or 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 (BSALTA 2005-10, Mortgage Pass-Through Certificates, Series 2005-10)

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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 (a “Plan”)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 Master ServicerTrustee, the Securities Administrator Master Servicer or the TrusteeSecurities 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, Servicer or 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 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 Code (a “Plan”)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 103 the Master Servicer, Servicer or the Securities Administrator or the TrusteeAdministrator, 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 or 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 (Bear Stearns ALT-A Trust, Series 2005-5)

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 (a “Plan”)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 Master ServicerTrustee, the Securities Administrator Master Servicer or the TrusteeSecurities 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, Servicer or 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 (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 Code (a “Plan”)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, Servicer or the Securities Administrator or the TrusteeAdministrator, 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 or 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 (Bear Stearns ALT-A Trust, Series 2005-9)

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 that is subject to Title I of ERISA or Section 4975 of the Code (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, the Securities Administrator Trustee or the TrusteeSecurities 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, the Trustee or 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 (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 (a “Plan”)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 101 the Master Servicer, Servicer or the Securities Administrator or the TrusteeAdministrator, 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 or 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 (Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates, Series 2005-4)

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