Plan Assets; Prohibited Transactions. Neither the Borrower nor any Subsidiary Guarantor is an entity deemed to hold “plan assets” (within the meaning of the Plan Asset Regulations), and neither the execution, delivery or performance of the transactions contemplated under this Agreement, including the making of any Loan hereunder, will give rise to a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code.
Appears in 4 contracts
Samples: Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (Franklin Street Properties Corp /Ma/)
Plan Assets; Prohibited Transactions. Neither the Borrower nor or any Subsidiary Guarantor of its Subsidiaries is an entity deemed to hold “plan assets” (within the meaning of the Plan Asset Regulations), and neither the execution, delivery or nor performance of the transactions contemplated under this Agreement, including the making of any Loan hereunderAdvance, will give rise to a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code.
Appears in 4 contracts
Samples: Credit Agreement (UWM Holdings Corp), Credit Agreement (loanDepot, Inc.), Credit Agreement (loanDepot, Inc.)
Plan Assets; Prohibited Transactions. Neither the Borrower nor Guarantor, Seller or any Subsidiary Guarantor of their respective Subsidiaries is an entity deemed to hold “plan assets” (within the meaning of the Plan Asset Regulations), and neither the execution, delivery or nor performance of the transactions contemplated under this Agreement, including the making of any Loan hereunder, Agreement will give rise to a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code.
Appears in 3 contracts
Samples: Master Repurchase Agreement (Home Point Capital Inc.), Master Repurchase Agreement (UWM Holdings Corp), Master Repurchase Agreement (Home Point Capital Inc.)
Plan Assets; Prohibited Transactions. Neither the Borrower Parent nor any Subsidiary Guarantor of its Restricted Subsidiaries is an entity deemed to hold “plan assets” (within the meaning of the Plan Asset Regulations), and neither the execution, delivery or nor performance of the transactions contemplated under this Agreement, including the making of any Loan or the issuance of any Letter of Credit hereunder, will give rise to a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code.
Appears in 3 contracts
Samples: Credit Agreement (Permian Resources Corp), Credit Agreement (Centennial Resource Development, Inc.), Credit Agreement (Centennial Resource Development, Inc.)
Plan Assets; Prohibited Transactions. Neither None of the Borrower nor or any Subsidiary Guarantor of its Subsidiaries is an entity deemed to hold “plan assets” (within the meaning of the Plan Asset Regulations), and and, neither the execution, delivery or nor performance of the transactions contemplated under this Agreement, including the making of any Loan hereunderLoan, will give rise to a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code.
Appears in 2 contracts
Samples: Credit Agreement (Pacira BioSciences, Inc.), Credit Agreement (Pacira BioSciences, Inc.)
Plan Assets; Prohibited Transactions. Neither None of the Borrower nor or any Subsidiary Guarantor is an entity deemed to hold of its Subsidiaries holds “plan assets” (within the meaning of the Plan Asset Regulations), and and, subject to the accuracy of the representations set forth in Section 8.07, neither the execution, delivery or performance of the transactions contemplated under this Agreement, including the making of any Loan hereunder, will give rise to a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code.
Appears in 2 contracts
Samples: Credit Agreement (Rli Corp), Credit Agreement (Rli Corp)
Plan Assets; Prohibited Transactions. Neither None of the Borrower nor Guarantor or any Subsidiary Guarantor of its Subsidiaries is an entity deemed to hold “plan assets” (within the meaning of the Plan Asset Regulations), and neither the execution, delivery or performance of the transactions contemplated under this AgreementTransactions, including the making of any Loan hereunder, will give rise to a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code.
Appears in 2 contracts
Samples: Credit Agreement (Northwest Natural Gas Co), Credit Agreement (Northwest Natural Gas Co)
Plan Assets; Prohibited Transactions. Neither None of the Borrower nor or any Subsidiary Guarantor of its Subsidiaries is an entity deemed to hold “plan assets” (within the meaning of the Plan Asset Regulations), and neither the execution, delivery or performance of the transactions contemplated under this AgreementTransactions, including the making of any Loan hereunder, will give rise to a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code.
Appears in 2 contracts
Samples: Credit Agreement (Northwest Natural Gas Co), Credit Agreement (Northwest Natural Gas Co)
Plan Assets; Prohibited Transactions. Neither None of the Borrower nor or any Subsidiary Guarantor of its Subsidiaries is an entity deemed to hold “plan assets” (within the meaning of the Plan Asset Regulations), and neither the execution, delivery or nor performance of the transactions contemplated under this Agreement, including the making of any Loan hereunderAdvance, will give rise to a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code.
Appears in 2 contracts
Samples: Credit Agreement (Madison Gas & Electric Co), Credit Agreement (Madison Gas & Electric Co)
Plan Assets; Prohibited Transactions. Neither None of the Parent, the Borrower nor or any Subsidiary Guarantor of their respective Subsidiaries is an entity deemed to hold “plan assets” (within the meaning of the Plan Asset Regulations), and neither the execution, delivery or nor performance of the transactions contemplated under this Agreement, including the making of any Loan and the issuance of any Letter of Credit hereunder, will give rise to a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Veris Residential, L.P.), Revolving Credit and Term Loan Agreement (Veris Residential, L.P.)
Plan Assets; Prohibited Transactions. Neither the None of such Borrower nor or any Subsidiary Guarantor of its Subsidiaries is an entity deemed to hold “plan assets” (within the meaning of the Plan Asset Regulations), and neither the execution, delivery or nor performance of the transactions contemplated under this Agreement, including the making of any Loan hereunder, will give rise to a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code.
Appears in 2 contracts
Samples: Loan Agreement (Meta Materials Inc.), Loan Agreement (Next Bridge Hydrocarbons, Inc.)
Plan Assets; Prohibited Transactions. Neither None of the Borrower nor or any Subsidiary Guarantor of its Subsidiaries is an entity deemed to hold “plan assets” (within the meaning of the Plan Asset Regulations), and neither the execution, delivery or performance of the transactions contemplated under this AgreementTransactions, including the making issuance of any Loan Letter of Credit hereunder, will give rise to a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code.. ARTICLE IV Conditions SECTION 4.01
Appears in 1 contract
Samples: Credit and Reimbursement Agreement (Northwest Natural Gas Co)
Plan Assets; Prohibited Transactions. Neither None of the Borrower nor or any Subsidiary Guarantor of its Restricted Subsidiaries is an entity deemed to hold “plan assets” (within the meaning of the Plan Asset Regulations), and neither the execution, delivery or nor performance of the transactions contemplated under this Agreement, including the making of any Loan hereunder, will give rise to a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code.
Appears in 1 contract
Plan Assets; Prohibited Transactions. Neither None of the Borrower nor Borrowers or any Subsidiary Guarantor of its Subsidiaries is an entity deemed to hold “plan assets” (within the meaning of the Plan Asset Regulations), and neither the execution, delivery or nor performance of the transactions contemplated under this Agreement, including the making of any Loan and the issuance of any Letter of Credit hereunder, will give rise to a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code.
Appears in 1 contract
Plan Assets; Prohibited Transactions. Neither None of the Borrower nor or any Subsidiary Guarantor of its Subsidiaries is an entity deemed to hold “plan assets” (within the meaning of the Plan Asset Regulations), and neither the execution, delivery or performance of the transactions contemplated under this Agreement, including the making of any Loan hereunder, and the issuance of any letter of Credit hereunder will give rise to a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code.
Appears in 1 contract
Samples: Credit Agreement (Welbilt, Inc.)
Plan Assets; Prohibited Transactions. Neither the Borrower nor or any Subsidiary Guarantor of its Subsidiaries is an entity deemed to hold “plan assets” (within the meaning of the Plan Asset Regulations), and neither the execution, delivery or nor performance of the transactions contemplated under this Agreement, including the making of any Loan and the issuance of any Letter of Credit hereunder, will give rise to a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code. ARTICLE IV CONDITIONS SECTION 4.01.
Appears in 1 contract
Samples: Execution Version Credit Agreement (Horace Mann Educators Corp /De/)
Plan Assets; Prohibited Transactions. Neither None of the Borrower nor or any Subsidiary Guarantor of its Subsidiaries is an entity deemed to hold “plan assets” (within the meaning of the Plan Asset Regulations), and neither the execution, delivery or nor performance of the transactions contemplated under this AgreementTransactions, including the making of any Loan and the issuance of any Letter of Credit hereunder, will give rise to a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code.. ARTICLE IV
Appears in 1 contract
Samples: Credit Agreement (SJW Group)
Plan Assets; Prohibited Transactions. Neither None of the Borrower nor any Subsidiary Guarantor of its Subsidiaries is an entity deemed to hold “plan assets” (within the meaning of the Plan Asset Regulations), and neither the execution, delivery or nor performance of the transactions contemplated under this Agreement, including the making of any Loan and the issuance of any Letter of Credit hereunder, will give rise to a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the CodeProhibited Transaction.
Appears in 1 contract
Plan Assets; Prohibited Transactions. Neither None of the Borrower nor or any Subsidiary Guarantor of its Subsidiaries is an entity deemed to hold “plan assets” (within the meaning of the Plan Asset Regulations), and neither the execution, delivery or nor performance of the transactions contemplated under this Agreement, including the making of any Loan hereunderLoan, will give rise to a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code.
Appears in 1 contract
Plan Assets; Prohibited Transactions. Neither None of the Borrower nor or any Subsidiary Guarantor of its Subsidiaries is an entity deemed to hold “plan assets” (within the meaning of the Plan Asset Regulations), and neither the execution, delivery or nor performance of the transactions contemplated under this Agreement, including the making of any Term Loan hereunder, will give rise to a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code.
Appears in 1 contract
Samples: Term Loan Agreement (Allete Inc)
Plan Assets; Prohibited Transactions. Neither None of the Borrower nor Borrowers or any Subsidiary Guarantor Restricted Subsidiaries is an entity deemed to hold “plan assets” (within the meaning of the Plan Asset Regulations), and neither the execution, delivery or nor performance of the transactions contemplated under this AgreementTransactions, including the making of any Loan and the issuance of any Letter of Credit hereunder, will give rise to a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code.
Appears in 1 contract
Plan Assets; Prohibited Transactions. Neither None of the Borrower nor or any Subsidiary Guarantor of its Subsidiaries is an entity deemed to hold “plan assets” (within the meaning of the Plan Asset Regulations)Assets, and neither the execution, delivery or performance of the transactions contemplated under this Agreement, including the making of any Loan and the issuance of any Letter of Credit hereunder, will give rise to a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code.
Appears in 1 contract
