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

Not Plan Assets; No Prohibited Transactions. None of the assets of the Borrower, any other Loan Party or any other Subsidiary constitutes (i) “plan assets” within the meaning of 29 C.F.R. Section 2510.3-101, as modified by Section 3(42) of ERISA of one or more Benefit Plans (“Plan Assets”) or (ii) “plan assets” subject to Similar Law. Assuming that no Lender funds any amount payable by it hereunder with Plan Assets, the execution, delivery and performance of this Agreement and the other Loan Documents, and the extensions of credit and repayment of amounts hereunder, do not and will not constitute or result in non-exempt “prohibited transactions” under ERISA or the Internal Revenue Code or a violation of Similar Law.

Not Plan Assets; No Prohibited Transactions. None of the assets of the Parent, the Borrower, any other Loan Party or any other Subsidiary constitutes (i) “plan assets” within the meaning of as defined by 29 C.F.R. Section 2510.3-101, 101 (as modified by Section §3(42) of ERISA of one or more Benefit Plans (“Plan Assets”) or (ii) “plan assets” subject to Similar LawERISA). Assuming that no Lender funds any amount payable by it hereunder with Plan Assets“plan assets,” as that term is defined in 29 C.F.R. 2510.3-101 (as modified by §3(42) of ERISA), the execution, delivery and performance of this Agreement and the other Loan Documents, and the extensions of credit and repayment of amounts hereunder, do not and will not constitute or result in non-exempt “prohibited transactions” under ERISA or §406 of XXXXX xx §0000 of the Internal Revenue Code or a violation of Similar LawCode.

Not Plan Assets; No Prohibited Transactions. None of the assets of the BorrowerCompany, any other Loan Party or any other Subsidiary constitutes (i) constitute “plan assets” within the meaning of 29 C.F.R. Section 2510.3-101ERISA, as modified by Section 3(42) of ERISA of one or more Benefit Plans (“Plan Assets”) or (ii) “plan assets” subject to Similar Lawthe Internal Revenue Code and the respective regulations promulgated thereunder. Assuming that no Lender funds any amount payable by it hereunder with Plan Assets“plan assets,” as that term is defined in 29 C.F.R. 2510.3-101, as modified by Section 3(42) of ERISA, the execution, delivery and performance of this Agreement and Agreement, the other Loan DocumentsDocuments and the Fee Letter, and the extensions of credit and repayment of amounts hereunderhereunder and thereunder, do not and will not constitute or result in non-exempt “prohibited transactions” under ERISA or the Internal Revenue Code or a violation of Similar LawCode.

Not Plan Assets; No Prohibited Transactions. None of the assets of the BorrowerCompany, any other Loan Party or any other Subsidiary constitutes (i) constitute “plan assets” within the meaning of 29 C.F.R. Section 2510.3-101ERISA, as modified by Section 3(42) of ERISA of one or more Benefit Plans (“Plan Assets”) or (ii) “plan assets” subject to Similar Lawthe Internal Revenue Code and the respective regulations promulgated thereunder. Assuming that no Lender funds any amount payable by it hereunder with Plan Assets“plan assets,” as that term is defined in 29 C.F.R. 2510.3-101, as modified by Section 3(42) of ERISA, the execution, delivery and performance of this Agreement and Agreement, the other Loan DocumentsDocuments and the Fee LetterLetters, and the extensions of credit and repayment of amounts hereunderhereunder and thereunder, do not and will not constitute or result in non-exempt “prohibited transactions” under ERISA or the Internal Revenue Code or a violation of Similar LawCode.

Not Plan Assets; No Prohibited Transactions. None of the assets of the Borrower, any other Loan Party Party, the Parent or any other Subsidiary constitutes (i) “plan assets” within the meaning of 29 C.F.R. Section 2510.3-101, as modified by Section 3(42) of ERISA of one or more Benefit Plans (“Plan Assets”) or (ii) “plan assets” subject to Similar Law). Assuming that no Lender funds any amount payable by it hereunder with Plan Assets, the execution, delivery and performance of this Agreement and the other Loan Documents, and the extensions of credit and repayment of amounts hereunder, do not and will not constitute or result in non-exempt “prohibited transactions” under Section 406(a) of ERISA or Section 4975(c)(1)(A)-(D) of the Internal Revenue Code or a violation of Similar LawCode.

Not Plan Assets; No Prohibited Transactions. None of the assets of the Parent, the Borrower, any other Loan Party or any other Subsidiary constitutes (i) “plan assets” within the meaning of as defined by 29 C.F.R. Section 2510.3-101, 101 (as modified by Section §3(42) of ERISA of one or more Benefit Plans (“Plan Assets”) or (ii) “plan assets” subject to Similar LawERISA). Assuming that no Lender funds any amount payable by it hereunder with Plan Assets“plan assets,” as that term is defined in 29 C.F.R. 2510.3‑101 (as modified by §3(42) of ERISA), the execution, delivery and performance of this Agreement and the other Loan Documents, and the extensions of credit and repayment of amounts hereunder, do not and will not constitute or result in non-exempt “prohibited transactions” under ERISA or §406 of XXXXX xx §0000 of the Internal Revenue Code or a violation of Similar LawCode.