No ERISA Plan Assets. The Manager shall use its reasonable best efforts to ensure that the Company’s assets are not deemed to be “plan assets” within the meaning of Section 3(42) of ERISA and the Plan Asset Regulation.
No ERISA Plan Assets. The Preferred Stock will not be purchased with the assets of any pension plan, profit-sharing plan, retirement plan, individual retirement account, individual retirement annuity, employee benefit plan or other plan or arrangement subject to Title I of ERISA or Code Section 4975.
No ERISA Plan Assets. The Notes will not be purchased with the assets of any pension plan, profit-sharing plan, retirement plan, individual retirement account, individual retirement annuity, employee benefit plan or other plan or arrangement subject to Title I of ERISA or Code Section 4975.
No ERISA Plan Assets. Agent represents and warrants to Party A (which representation and warranty will be deemed to be repeated by Agent at all times until the termination of this Agreement and will be deemed a representation and agreement for all purposes of this Agreement that the assets of Party B do not and will not constitute (or be deemed to constitute) (a) “plan assets” for purposes of ERISA or Section 4975 of the Internal Revenue Code of 1986, as amended (or any successor statute, the “Code”), of any ”plan” subject to ERISA or Section 4975 of the Code or (b) any governmental plan that is subject to any federal, state or local law that is substantially similar to the provisions of Section 406 of ERISA or Section 4975 of the Code. Agent and Party B covenant that it will not take any action during the term of this Agreement that would render the foregoing representation and warranty untrue, incorrect, or incomplete, and if any event or condition should occur that would render any such representation or warranty untrue, incorrect, or incomplete, Agent and Party B will immediately give written notice thereof to Party A.”
No ERISA Plan Assets. The Senior Subordinated Note will not be purchased with the assets of any pension, profit-sharing, retirement, individual retirement account, individual retirement annuity, employee benefit plan or other plan or arrangement subject to Title I of ERISA or Code Section 4975.
