Lenders Not Utilizing Plan Assets. Each Lender represents and warrants that none of the consideration used by such Lender to make its Loans constitutes for any purpose of ERISA or Section 4975 of the Code assets of any “plan” as defined in Section 3(3) of ERISA or Section 4975 of the Code and the rights and interests of such Lender in and under the Loan Documents shall not constitute such “plan assets” under ERISA.
Appears in 31 contracts
Samples: Credit Agreement (Oklahoma Gas & Electric Co), Term Loan Agreement (Oklahoma Gas & Electric Co), Credit Agreement (Oge Energy Corp.)
Lenders Not Utilizing Plan Assets. Each Lender and Designated Lender represents and warrants that none of the consideration used by such Lender or Designated Lender to make its Loans constitutes for any purpose of ERISA or Section 4975 of the Code assets of any “plan” as defined in Section 3(3) of ERISA or Section 4975 of the Code and the rights and interests of such Lender or Designated Lender in and under the Loan Documents shall not constitute such “plan assets” under ERISA.
Appears in 28 contracts
Samples: Credit Agreement (Patterson Companies, Inc.), Credit Agreement (Patterson Companies, Inc.), Credit Agreement (Patterson Companies, Inc.)
Lenders Not Utilizing Plan Assets. Each Lender represents and warrants that none of the consideration used by such Lender to make its Loans Credit Extensions constitutes for any purpose of ERISA or Section 4975 of the Code assets of any “plan” as defined in Section 3(3) of ERISA or Section 4975 of the Code and the rights and interests of such Lender in and under the Loan Documents shall not constitute such “plan assets” under ERISA.
Appears in 8 contracts
Samples: Credit Agreement (Chemed Corp), Credit Agreement (Chemed Corp), Credit Agreement (Chemed Corp)
Lenders Not Utilizing Plan Assets. Each Lender and Designated Lender represents and warrants that none of the consideration used by such Lender or Designated Lender to make its Loans constitutes for any purpose of ERISA or Section 4975 of the Code assets of any “"plan” " as defined in Section 3(3) of ERISA or Section 4975 of the Code and the rights and interests of such Lender or Designated Lender in and under the Loan Documents shall not constitute such “"plan assets” " under ERISA.
Appears in 8 contracts
Samples: Three Year Revolving Credit Agreement (Amerenenergy Generating Co), Bridge Credit Agreement (Patterson Dental Co), Credit Agreement (Patterson Dental Co)
Lenders Not Utilizing Plan Assets. Each Lender represents and warrants that none of the consideration used by such Lender to make its Loans Credit Extensions constitutes for any purpose of ERISA or Section 4975 of the Code assets of any “"plan” " as defined in Section 3(3) of ERISA or Section 4975 of the Code and the rights and interests of such Lender in and under the Loan Documents shall not constitute such “"plan assets” " under ERISA.
Appears in 7 contracts
Samples: Credit Agreement (Headwaters Inc), Credit Agreement (Roto-Rooter Inc), Credit Agreement (Chemed Corp)
Lenders Not Utilizing Plan Assets. Each Lender represents and warrants that none None of the consideration used by such Lender any of the Lenders to make its Loans constitutes for any purpose of ERISA or Section 4975 of the Code assets of any “plan” as defined in Section 3(3) of ERISA or Section 4975 of the Code and the rights and interests of such Lender each of the Lenders in and under the Loan Documents shall not constitute such “plan assets” under ERISA.
Appears in 5 contracts
Samples: Term Loan Agreement (Chicago Bridge & Iron Co N V), Revolving Credit Agreement (Chicago Bridge & Iron Co N V), Term Loan Agreement (Chicago Bridge & Iron Co N V)
Lenders Not Utilizing Plan Assets. Each Lender represents and warrants that none None of the consideration used by such Lender any of the Lenders or Designated Lenders to make its Loans constitutes for any purpose of ERISA or Section 4975 of the Code assets of any “plan” as defined in Section 3(3) of ERISA or Section 4975 of the Code and the rights and interests of such Lender each of the Lenders and Designated Lenders in and under the Loan Documents shall not constitute such “plan assets” under ERISA.
Appears in 4 contracts
Samples: Term Loan Agreement (Chicago Bridge & Iron Co N V), Credit Agreement (Chicago Bridge & Iron Co N V), Credit Agreement (Chicago Bridge & Iron Co N V)
Lenders Not Utilizing Plan Assets. Each Lender represents and warrants that none None of the consideration used by such Lender any of the Lenders to make its Loans constitutes constitute for any purpose of ERISA or Section 4975 of the Code assets of any “"plan” " as defined in Section 3(3) of ERISA or Section 4975 of the Code and the rights and interests of such Lender each of the Lenders in and under the Loan Documents shall not constitute such “"plan assets” " under ERISA.
Appears in 4 contracts
Samples: Credit Agreement (Huttig Building Products Inc), Credit Agreement (Catalina Marketing Corp/De), Credit Agreement (Catalina Marketing Corp/De)
Lenders Not Utilizing Plan Assets. Each Lender represents and warrants that none None of the consideration used by such Lender any of the Lenders or Designated Lenders to make its Loans constitutes for any purpose of ERISA or Section 4975 of the Code assets of any “"plan” " as defined in Section 3(3) of ERISA or Section 4975 of the Code and the rights and interests of such Lender each of the Lenders and Designated Lenders in and under the Loan Documents shall not constitute such “"plan assets” " under ERISA.
Appears in 4 contracts
Samples: Credit Agreement (Chicago Bridge & Iron Co N V), Credit Agreement (Chicago Bridge & Iron Co N V), Credit Agreement (Chicago Bridge & Iron Co N V)
Lenders Not Utilizing Plan Assets. Each Lender and Designated Lender represents and warrants that none of the consideration used by such Lender or Designated Lender to make its Loans constitutes for any purpose of ERISA or Section 4975 of the Code assets of any “employee benefit plan” (as defined in Section 3(3) of ERISA ERISA) that is subject to Title I of ERISA, or any “plan” (as defined by and subject to Section 4975 of the Code Code) and the rights and interests of such Lender or Designated Lender in and under the Loan Documents shall not constitute such “plan assets” under ERISAPlan Assets.
Appears in 3 contracts
Samples: Five Year Revolving Credit Agreement, Five Year Revolving Credit Agreement (United Stationers Inc), Five Year Revolving Credit Agreement (United Stationers Inc)
Lenders Not Utilizing Plan Assets. Each Lender represents and warrants to the Borrower and the Administrative Agent that none of the consideration used by such Lender to make or fund its Loans constitutes for any purpose of ERISA or Section 4975 of the Code assets of any “plan” as defined in Section 3(3) of ERISA or Section 4975 of the Code and the rights and interests of such Lender in and under the Loan Documents shall not constitute such “plan assets” under ERISA.
Appears in 3 contracts
Samples: Credit Agreement (Alion Science & Technology Corp), Credit Agreement (Alion Science & Technology Corp), Credit Agreement (Alion Science & Technology Corp)
Lenders Not Utilizing Plan Assets. Each Lender represents and warrants to the Borrower and the Administrative Agent that none of the consideration used by such Lender to make or fund its Loans constitutes for any purpose of ERISA or Section 4975 of the Code assets of any “"plan” " as defined in Section 3(3) of ERISA or Section 4975 of the Code and the rights and interests of such Lender in and under the Loan Documents shall not constitute such “"plan assets” " under ERISA.
Appears in 2 contracts
Samples: Credit Agreement (Alion Science & Technology Corp), Credit Agreement (Alion Science & Technology Corp)
Lenders Not Utilizing Plan Assets. Each Lender represents and warrants that none of the consideration used by such Lender to make its Loans constitutes for any purpose of ERISA or Section 4975 of the Code assets of any “"plan” " as defined in Section 3(3) of ERISA or Section 4975 of the Code and the rights and interests of such Lender in and under the Loan Documents shall not constitute such “"plan assets” " under ERISA.
Appears in 1 contract
Lenders Not Utilizing Plan Assets. Each Lender represents and warrants that none of the consideration used by such Lender to make its Loans constitutes for any purpose of ERISA or Section 4975 of the Code assets of any “plan” as defined in Section 3(3) of ERISA or Section 4975 of the Code and the rights and interests of such Lender in and under the Loan Documents shall not constitute such “plan assets” under ERISA.. 85
Appears in 1 contract
Lenders Not Utilizing Plan Assets. Each Lender represents and warrants that none None of the consideration used by such Lender any of the Lenders to make its Loans constitutes constitute for any purpose of ERISA or Section 4975 of the Code assets of any “plan” as defined in Section 3(3) of ERISA or Section 4975 of the Code and the rights and interests of such Lender each of the Lenders in and under the Loan Documents shall not constitute such “plan assets” under ERISA.
Appears in 1 contract
Lenders Not Utilizing Plan Assets. Each Lender represents and warrants that none None of the consideration used by such Lender any of the Lenders or Designated Lenders to make its Loans constitutes for any purpose of ERISA or Section 4975 of the Code assets of any “"plan” " as defined in Section 3(3) of ERISA or Section 100 109 4975 of the Code and the rights and interests of such Lender each of the Lenders and Designated Lenders in and under the Loan Documents shall not constitute such “"plan assets” " under ERISA.
Appears in 1 contract
Samples: Credit Agreement (Plexus Corp)
Lenders Not Utilizing Plan Assets. Each Lender represents and warrants that none None of the consideration used by such Lender any of the Lenders or Designated Lenders to make its Loans constitutes for any purpose of ERISA or Section 4975 of the Code assets of any “"plan” " as defined in Section 3(3) of ERISA or 92 102 Section 4975 of the Code and the rights and interests of such Lender each of the Lenders and Designated Lenders in and under the Loan Documents shall not constitute such “"plan assets” " under ERISA.
Appears in 1 contract
Samples: 364 Day Credit Agreement (Chicago Bridge & Iron Co N V)
Lenders Not Utilizing Plan Assets. Each Lender represents and warrants that none None of the consideration used by such Lender any of the Lenders to make its Loans constitutes for any purpose of ERISA or Section 4975 of the Code assets of any “"plan” " as defined in Section 3(3) of ERISA or Section 4975 of the Code and the rights and interests of such Lender each of the Lenders in and under the Loan Documents shall not constitute such “"plan assets” " under ERISA.
Appears in 1 contract
Lenders Not Utilizing Plan Assets. Each Lender and Designated Lender represents and warrants that none of the consideration used by such Lender or Designated Lender to make its Loans Loan constitutes for any purpose of ERISA or Section 4975 of the Code assets of any “plan” as defined in Section 3(3) of ERISA or Section 4975 of the Code and the rights and interests of such Lender or Designated Lender in and under the Loan Documents shall not constitute such “plan assets” under ERISA.
Appears in 1 contract
Samples: Term Loan Credit Agreement (Patterson Companies, Inc.)
