Common use of Not Plan Assets; No Prohibited Transactions Clause in Contracts

Not Plan Assets; No Prohibited Transactions. For purposes of ERISA and the Internal Revenue Code, none of the assets of the Parent, any Loan Party or any other Subsidiary constitutes "plan assets", within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder, of any Plan. The execution, delivery and performance of the Loan Documents and the Fee Letter by the Loan Parties and the Parent, and the borrowing, other credit extensions and repayment of amounts thereunder, do not and will not constitute "prohibited transactions" under ERISA or the Internal Revenue Code.

Not Plan Assets; No Prohibited Transactions. For purposes of ERISA and the Internal Revenue Code, none of the assets of the Parent, any Loan Party or any other Subsidiary of their Subsidiaries constitutes "“plan assets"”, within the meaning of ERISA, the Internal Revenue Code ERISA and the respective regulations promulgated thereunder, of any Benefit Plan. The execution, delivery and performance of the Loan Documents and the Fee Letter by the Loan Parties and the ParentParties, and the borrowing, other credit extensions and repayment of amounts thereunder, do not and will not constitute "“prohibited transactions" ” under ERISA or the Internal Revenue Code.

Not Plan Assets; No Prohibited Transactions. For purposes of ERISA and the Internal Revenue Code, none of the assets of the Parentany Borrower, any Loan Party Borrower Member or any other Subsidiary Guarantor constitutes "“plan assets", ,” within the meaning of ERISA, the Internal Revenue Code ERISA and the respective regulations promulgated thereunder, of any Plan. The execution, delivery and performance of the Loan Documents and the Fee Letter by the Loan Parties Borrower and the ParentGuarantor, and the borrowing, other credit extensions and repayment of amounts thereunder, do not and will not constitute "“prohibited transactions" ” under ERISA or the Internal Revenue Code.

Not Plan Assets; No Prohibited Transactions. For purposes of ERISA and the Internal Revenue Code, none None of the assets of the Parent, any Loan Party or any other Subsidiary Borrower constitutes "“plan assets", ” within the meaning of § 3(42) of ERISA. Assuming that no Lender funds any amount payable by it hereunder with “plan assets,” as that term is defined in § 3(42) of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder, of any Plan. The execution, delivery and performance of the Loan Documents this Agreement and the Fee Letter by the other Loan Parties and the ParentDocuments, and the borrowing, other extensions of credit extensions and repayment of amounts thereunderhereunder, do not and will not constitute "non-exempt “prohibited transactions" ” under ERISA or the Internal Revenue Code.

Not Plan Assets; No Prohibited Transactions. For purposes of ERISA and the Internal Revenue Code, none of the assets of the Parent, any Loan Party or any other Subsidiary constitutes "“plan assets"”, within the meaning of ERISA, the Internal Revenue Code ERISA and the respective regulations promulgated thereunder, of any Plan. The execution, delivery and performance of the Loan Documents and the Fee Letter Letters by the Loan Parties and the ParentParties, and the borrowing, other credit extensions and repayment of amounts thereunder, do not and will not constitute "“prohibited transactions" ” under ERISA or the Internal Revenue Code.

Not Plan Assets; No Prohibited Transactions. For purposes of ERISA and the Internal Revenue Code, none of the assets of the Parent, any Loan Party or any other Subsidiary constitutes "“plan assets"”, within the meaning of ERISA, the Internal Revenue Code ERISA and the respective regulations promulgated thereunder, of any Plan. The execution, delivery and performance of the Loan Documents and the Fee Letter Letters by the Loan Parties and the ParentParties, and the borrowing, other credit extensions and repayment of amounts 104 thereunder, do not and will not constitute "“prohibited transactions" ” under ERISA or the Internal Revenue Code.