Common use of Not Plan Assets Clause in Contracts

Not Plan Assets. The assets of the Company or any Subsidiary do not and will not constitute "plan assets," within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder. The execution, delivery and performance of this Agreement, and the borrowing and repayment of amounts hereunder, do not and will not constitute "prohibited transactions" under ERISA or the Internal Revenue Code.

Appears in 1 contract

Samples: Credit Agreement (Allied Capital Corp)

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Not Plan Assets. The assets of the Company Borrower or any Subsidiary do not and will not constitute "plan assets," within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder. The execution, delivery and performance of this Agreement, and CREDIT AGREEMENT the borrowing and repayment of amounts hereunder, do not and will not constitute "prohibited transactions" under ERISA or the Internal Revenue Code.

Appears in 1 contract

Samples: Credit Agreement (Allied Capital Corp)

Not Plan Assets. The None of the assets of the Company Borrower, the Parent or any other Subsidiary do not and will not constitute "plan assets," ", within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder. The execution, delivery and performance of this Agreement, and the borrowing and repayment of amounts hereunder, do not and will not constitute "prohibited transactions" under ERISA or the Internal Revenue Code.

Appears in 1 contract

Samples: Credit Agreement (CNL American Properties Fund Inc)

Not Plan Assets. The assets of the Company or any Subsidiary 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. The execution, delivery and performance of this Agreement, and the borrowing and repayment of amounts hereunder, do not and will not constitute "prohibited transactions" under ERISA or the Internal Revenue Code.

Appears in 1 contract

Samples: Credit Agreement (Mgi Properties)

Not Plan Assets. The None of the assets of the Company Borrower or any Subsidiary do not and Guarantor constitute, nor will not constitute "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 of this Agreement, and the borrowing and repayment of amounts hereunderthereunder, do not and will not constitute "prohibited transactions" under ERISA or the Internal Revenue Code.

Appears in 1 contract

Samples: Credit Agreement (Regency Centers Corp)

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Not Plan Assets. The None of the assets of the Company Borrower, the Parent or --------------- any other Subsidiary do not and will not constitute "plan assets," ", within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder. The execution, delivery and performance of this Agreement, and the borrowing and repayment of amounts hereunder, do not and will not constitute "prohibited transactions" under ERISA or the Internal Revenue Code.

Appears in 1 contract

Samples: Credit Agreement (CNL American Properties Fund Inc)

Not Plan Assets. The None of the assets of the Company Borrower, any Guarantor or any Subsidiary do not and RRG constitute, nor will not constitute "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 of this Agreement, and the borrowing and repayment of amounts hereunderthereunder, do not and will not constitute "prohibited transactions" under ERISA or the Internal Revenue Code.

Appears in 1 contract

Samples: Credit Agreement (Regency Centers Corp)

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