No Plan Assets. The Borrower is not an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 101.
Appears in 18 contracts
Samples: Borrower Loan Agreement, Borrower Loan Agreement, Borrower Loan Agreement
No Plan Assets. The Borrower is not an “"employee benefit plan,” " as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “"plan assets” " of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.
Appears in 9 contracts
Samples: Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust), Loan Agreement (Servico Market Center Inc)
No Plan Assets. The No Borrower is not an “"employee benefit plan,” " as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the any Borrower constitutes or will constitute “"plan assets” " of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.
Appears in 6 contracts
Samples: Loan Agreement (Prime Retail Lp), Loan Agreement (Lodgian Inc), Loan Agreement (Horizon Group Properties Inc)
No Plan Assets. The Borrower is not an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 1012510.3–101.
Appears in 4 contracts
Samples: Loan Agreement, Loan Agreement (World Wrestling Entertainmentinc), Loan Agreement (Presidential Realty Corp/De/)
No Plan Assets. The Borrower is not an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.
Appears in 3 contracts
Samples: Borrower Loan Agreement, Borrower Loan Agreement, Borrower Loan Agreement
No Plan Assets. The Borrower is not an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes constitute or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.
Appears in 3 contracts
Samples: Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (Lodging Fund REIT III, Inc.)
No Plan Assets. The Borrower is not an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 101.2510.3
Appears in 3 contracts
Samples: Borrower Loan Agreement, Borrower Loan Agreement, Borrower Loan Agreement
No Plan Assets. The Borrower is not an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.
Appears in 3 contracts
Samples: Loan Agreement (TNP Strategic Retail Trust, Inc.), Loan Agreement (Gladstone Commercial Corp), Loan Agreement (Corporate Property Associates 17 - Global INC)
No Plan Assets. The As of the date hereof and throughout the term of the Loan (a) no Borrower is not nor will any Borrower be an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and (b) none of the assets of the any Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 101.29
Appears in 2 contracts
Samples: Second Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC), Mezzanine Loan Agreement (Morgans Hotel Group Co.)
No Plan Assets. The No Individual Borrower is not an “"employee benefit plan,” " as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the any Individual Borrower constitutes or will constitute “"plan assets” " of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.
Appears in 2 contracts
Samples: Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl)
No Plan Assets. The Borrower To the best of the Borrower's knowledge based on the Mortgagor's representations and warranties, the Mortgagor is not an “"employee benefit plan,” " as defined in Section 3(3Sections 3 (3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower Mortgagor constitutes or will constitute “"plan assets” " of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.
Appears in 2 contracts
Samples: Master Loan and Security Agreement (Allied Capital Corp), Master Loan and Security Agreement (Allied Capital Corp)
No Plan Assets. The Borrower is not an “"employee benefit plan,” " as -------------- defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “"plan assets” " of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.
Appears in 1 contract
No Plan Assets. The Borrower is not an “"employee benefit plan,” " as defined -------------- in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes constitute or will constitute “"plan assets” " of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.
Appears in 1 contract
No Plan Assets. The Borrower is not an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 101.29
Appears in 1 contract
Samples: Borrower Loan Agreement
No Plan Assets. The Borrower is not an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 101.
Appears in 1 contract
Samples: Borrower Loan Agreement
No Plan Assets. The Borrower is not an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 101.p...
Appears in 1 contract
Samples: Borrower Loan Agreement
No Plan Assets. The No Borrower is not an “"employee benefit plan,” " as -------------- defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the no assets of the any Borrower constitutes or will constitute “"plan assets” " of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 Sec tion 2510.3-101.
Appears in 1 contract
No Plan Assets. The Such Borrower is not an “"employee benefit plan,” " as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “"plan assets” " of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.
Appears in 1 contract
Samples: Loan Agreement (Acadia Realty Trust)
No Plan Assets. The Borrower is not an “"employee benefit plan,” " as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the any Borrower constitutes or will constitute “"plan assets” " of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.
Appears in 1 contract
No Plan Assets. { TC \l2 "Section 4.11. No Plan Assets" } The Borrower is not an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 101.
Appears in 1 contract
Samples: Borrower Loan Agreement
No Plan Assets. The Borrower is not an “"employee benefit plan,” " as defined in Section 3(3) of ERISA, subject to Title I of ERISA, or a "plan" as defined in Section 4975(e)(1) of the Internal Revenue Code, subject to Section 4975 of the Internal Revenue Code, and none of the assets of the Borrower constitutes or will constitute “"plan assets” " of one or more such employee benefit plans or other plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.
Appears in 1 contract
No Plan Assets. The Borrower is not an “"employee benefit -------------- plan,” " as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “"plan assets” " of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.
Appears in 1 contract
Samples: Loan Agreement (Saul Centers Inc)
No Plan Assets. The Borrower is not an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 101§ 2510.3.101.
Appears in 1 contract
Samples: Borrower Loan Agreement
No Plan Assets. The Borrower is not an “"employee benefit plan,” " as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “"plan assets” " of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 101.29
Appears in 1 contract
No Plan Assets. The Borrower is not an “"employee benefit plan,” " as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), subject to Title I of ERISAERISA (an "EMPLOYEE BENEFIT PLAN"), and none of the its assets of the Borrower constitutes or will constitute “"plan assets” " of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.
Appears in 1 contract
