Common use of Lender’s Representations and Warranties Clause in Contracts

Lender’s Representations and Warranties. Each Lender severally represents and warrants to each of the other Parties hereto, as of the date hereof and as of the Delivery Date that: (i) it is acquiring its Notes in the ordinary course of its commercial banking business and it has no present intention of distributing or reselling any interest to be acquired by it hereunder or under any of the other Operative Documents or any part thereof in violation of the Securities Act of 1933, as amended; and (ii) no part of the funds to be used by it to purchase or fund, as the case may be, its Notes or its interest under any of the Operative Documents constitutes plan assets of an employee benefit plan which is subject to ERISA and/or subject to Section 4975 of the United States Internal Revenue Code of 1986, as amended. As used in this Section 7(b)(ii), the term "plan assets" shall have the meaning assigned to such term under ERISA and the regulations promulgated thereunder.

Lender’s Representations and Warranties. Each Lender severally represents and warrants to each of the other Parties hereto, as of the date hereof and as of the each Delivery Date that: (ia) it is s acquiring its Notes in the ordinary course of its commercial banking business and it has no present intention of distributing or reselling any interest to be acquired by it hereunder or under any of the other Operative Loan Documents or any part thereof in violation of the Securities Act of 1933, as amended; and (iib) no part of the funds to be used by it to purchase or fund, as the case may be, its Notes or its interest under any of the Operative Loan Documents constitutes plan assets of an employee benefit plan which is subject to ERISA and/or subject to Section 4975 of the United States Internal Revenue Code of 1986, as amended. As used in this Section 7(b)(ii9.24(b), the term "plan assets" shall have the meaning assigned to such term under ERISA and the regulations promulgated thereunder.