Governmental Plan. No Primary Borrower Party is or will be a "governmental plan" within the meaning of Section 3(32) of ERISA and transactions by or with the Borrowers are not and will not be subject to state statutes applicable to the Borrowers' regulating investments of and fiduciary obligations with obligations with respect to governmental plans.
Governmental Plan. 45 Section 4.27 Not Foreign Person............................................................................. 45 Section 4.28 No Collective Bargaining Agreements............................................................ 45 Section 4.29 Reserved....................................................................................... 45 Section 4.30 Reserved....................................................................................... 45 Section 4.31
Governmental Plan. The Borrower is not and will not be a "governmental plan" within the meaning of Section 3(32) of ERISA and transactions by or with the Borrower are not and will not be subject to state statutes applicable to the Borrower's regulating investments of and fiduciary obligations with obligations with respect to governmental plans.
Governmental Plan. A State.
Governmental Plan. A plan which meets the definition of a governmental employer under Title I, Section 1002(32) of ERISA and Section 414(d) of the Code.
Governmental Plan. 46 Section 4.27 Not Foreign Person............................................................................ 46 Section 4.28 No Collective Bargaining Agreements........................................................... 46 Section 4.29 Condominium Property Documents................................................................ 46 Section 4.30 Ground Leases................................................................................. 46 Section 4.31
Governmental Plan. 49 Section 4.27 Not Foreign Person ................................................... 49 Section 4.28 No Collective Bargaining Agreements .................................. 49 Section 4.29 Pre-Petition Tax Liabilities ......................................... 49 Section 4.30 Jekyll Island Ground Lease ........................................... 49
Governmental Plan. Lessee is not and will not be a "governmental plan" within the meaning of Section 3(32) of ERISA and transactions by or with the Borrower Parties are not and will be not subject to state statutes applicable to Lessee regulating investments of and fiduciary obligations with obligations with respect to governmental plans.
Governmental Plan. As defined in Section 3(32) of ERISA. Initial Capital Contributions. As defined in Section 4.1. IRR. With respect to all Capital Contributions of a Member, the internal rate of return or discount factor that, when applied to the cash flow stream consisting of all distributions by the Company to such Member, makes the present value of such distributions equal the present value (determined using the same discount factor) of all Capital Contributions of such Member to the Company. The IRR shall be determined taking into account the exact dates any applicable Capital Contributions are made to the Company by the Member and the exact dates any applicable distributions are made by the Company to such Member. The IRR to a Member shall be computed using the XIRR function in Microsoft Excel or a functional equivalent using actual dates of cash flows and based on annual compounding.
Governmental Plan. The Customer is a qualified plan under Section 401(a) of the Code. Customer further represents that the Plan is a “governmental plan” as that term is defined in Section 414(d) of the Code and Section 3(32) of ERISA and the Plan is not subject to ERISA. ☐ Church Plan. The Customer is a qualified plan under Section 401(a) of the Code and is tax-exempt under 501(a) of the Code. Customer further represents that the Customer is a “church plan” as that term is defined in Section 3(33) of ERISA with respect to which no election has been made under Section 410(d) of the Code and the Customer is not subject to ERISA. ☐ VEBA. The Customer is a voluntary employees’ beneficiary association within the meaning of Section 501(c)(9) of the Code and is subject to ERISA.
