Common use of No Prohibited Transaction Clause in Contracts

No Prohibited Transaction. Each investor using the assets of a Benefit Plan which acquires a Note, or to whom a Note is transferred by its acceptance and holding of any Note or an interest therein, will be deemed to represent and warrant that its acquisition and continued holding will not, throughout the term of the holding, result in a non-exempt prohibited transaction under Section 406 of the Employment Retirement Income Security Act of 1974, as amended, or Section 4975 of the Internal Revenue Code of 1986, as amended.

No Prohibited Transaction. Each investor using the assets of ------------------------- a Benefit Plan which acquires a Note, or to whom a Note is transferred by its acceptance and holding of any Note or an interest therein, will be deemed to represent and warrant that its acquisition and continued holding will not, throughout the term of the holding, result in a non-exempt prohibited transaction under Section 406 of the Employment Retirement Income Security Act of 1974, as amended, or Section 4975 of the Internal Revenue Code of 1986, as amended.