Common use of IDENTIFIED Clause in Contracts

IDENTIFIED. PLAN ASSETS - that is comprised of employee benefit plans identified by such Purchaser in writing and with respect to which the Issuers hereby warrant and represent that, as of the Closing Date, neither the Issuers nor any ERISA Affiliate is a "party in interest" (as defined in section 3 of ERISA) or a "disqualified person" (as defined in section 4975 of the Code) with respect to any plan so identified; or

Appears in 1 contract

Samples: Securities Purchase Agreement (Questron Technology Inc)

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IDENTIFIED. PLAN ASSETS - -- that is comprised of employee benefit plans identified by such Purchaser you in writing and with respect to which the Issuers Company hereby warrant warrants and represent represents that, as of the each Closing Date, neither the Issuers Company nor any ERISA Affiliate is a "party in interest" (as defined in section 3 of ERISA) or a "disqualified person" (as defined in section 4975 of the Code) with respect to any plan so identified; or

Appears in 1 contract

Samples: Securities Purchase Agreement (Fresh America Corp)

IDENTIFIED. PLAN ASSETS - that is comprised of employee benefit plans identified by such Purchaser you in writing and with respect to which the Issuers Company hereby warrant warrants and represent represents that, as of the Closing Date, neither the Issuers Company nor any ERISA Affiliate is a "party in interest" (as defined in section 3 of ERISA) or a "disqualified person" (as defined in section 4975 of the Code) with respect to any plan so identified; or

Appears in 1 contract

Samples: Securities Purchase Agreement (Fresh America Corp)

IDENTIFIED. PLAN ASSETS - -- that is comprised of employee benefit plans identified by such Purchaser you in writing and with respect to which the Issuers Company hereby warrant warrants and represent represents that, as of the Closing Datedate of Closing, neither the Issuers Company nor any ERISA Affiliate is a "party in interest" (as defined in section 3 of ERISA) or a "disqualified person" (as defined in section 4975 of the Code) with respect to any plan so identified; or

Appears in 1 contract

Samples: Note Purchase Agreement (Smucker J M Co)

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IDENTIFIED. PLAN ASSETS - -- that is comprised of employee benefit plans identified by such Purchaser you in writing and with respect to which the Issuers Company hereby warrant warrants and represent represents that, as of the Closing Date, neither the Issuers Company nor any ERISA Affiliate is a "party in interest" (as defined in section 3 of ERISA) or a "disqualified person" (as defined in section 4975 of the Code) with respect to any plan so identified; or

Appears in 1 contract

Samples: Securities Purchase Agreement (Able Telcom Holding Corp)

IDENTIFIED. PLAN ASSETS - -- that is comprised of employee benefit plans identified by such Purchaser you in writing and with respect to which the Issuers Company and the Parent hereby warrant and represent that, as of the Closing Date, neither the Issuers Obligors nor any ERISA Affiliate is a "party in interest" (as defined in section 3 of ERISA) or a "disqualified person" (as defined in section 4975 of the Code) with respect to any plan so identified; or

Appears in 1 contract

Samples: Note and Stock Purchase Agreement (Niagara Corp)

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