Common use of Not Plan Assets Clause in Contracts

Not Plan Assets. The assets of neither Borrower nor any Guarantor constitute "plan assets" within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder, of any ERISA Plan or Non-ERISA Plan. The execution, delivery and performance by Borrower and Guarantors of the Loan Documents to which any is a party, and the borrowing and repayment of amounts hereunder, do not and will not constitute "prohibited transactions" under ERISA or the Internal Revenue Code.

Not Plan Assets. The assets of neither Borrower nor any Guarantor the Borrower, its Subsidiaries and the --------------- other Loan Party do not and will not constitute "plan assets" ", within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder, of any ERISA Plan or Non-ERISA Plan. The execution, delivery and performance by Borrower and Guarantors of the Loan Documents to which any is a partythis Agreement, and the borrowing and repayment of amounts hereunder, do not and will not constitute "prohibited transactions" under ERISA or the Internal Revenue Code.

Not Plan Assets. The respective assets of neither Borrower nor any Guarantor and each other Loan Party do not and will not constitute "plan assets" within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder, of any ERISA Plan or Non-ERISA Plan. The execution, delivery and performance by Borrower and Guarantors of the Loan Documents to which any is a partythis Agreement, and the borrowing and repayment of amounts hereunderthereunder, do not and will not constitute "prohibited transactions" under ERISA or the Internal Revenue Code.

Not Plan Assets. The Neither the assets of neither the Borrower nor any Guarantor constitute "constitute, nor will constitute, plan assets" , within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder, of any ERISA Plan or Non-ERISA Plan. The execution, delivery and performance by Borrower and Guarantors of the Loan Documents to which any is a partythis Agreement, and the borrowing and repayment of amounts hereunderthereunder, do not and will not constitute "prohibited transactions" under ERISA or the Internal Revenue Code.

Not Plan Assets. The respective assets of neither Borrower nor any Guarantor and each other Loan Party do not and will not constitute "“plan assets" ” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder, of any ERISA Plan or Non-ERISA Plan. The execution, delivery and performance by Borrower and Guarantors of the Loan Documents to which any is a partythis Agreement, and the borrowing and repayment of amounts hereunderthereunder, do not and will not constitute "“prohibited transactions" ” under ERISA or the Internal Revenue Code.

Not Plan Assets. The None of the assets of neither Borrower nor any Borrower, any Guarantor constitute "or any Development Affiliate Guarantor constitute, nor will constitute, plan assets" , within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder, of any ERISA Plan or Non-ERISA Plan. The execution, delivery and performance by Borrower and Guarantors of the Loan Documents to which any is a partythis Agreement, and the borrowing and repayment of amounts hereunderthereunder, do not and will not constitute "prohibited transactions" under ERISA or the Internal Revenue Code.