Common use of Plan Assets; Prohibited Transactions Clause in Contracts

Plan Assets; Prohibited Transactions. None of the Loan Parties is an entity deemed to hold “plan assets” within the meaning of 29 C.F.R. § 2510.3-101, as modified by Section 3(42) of ERISA, of an employee benefit plan (as defined in Section 3(3) of ERISA) which is subject to Title I of ERISA or any plan (within the meaning of Section 4975 of the Code), and neither the execution of this Agreement nor the making of Loans nor the issuance of Letters of Credit hereunder gives rise to a non-exempt Prohibited Transaction.

Plan Assets; Prohibited Transactions. None of the Loan Parties is an entity deemed to hold “plan assets” within the meaning of 29 C.F.R. § 2510.3-101, as modified by Section 3(42) of ERISA, 101 of an employee benefit plan (as defined in Section 3(3) of ERISA) which is subject to Title I of ERISA or any plan (within the meaning of Section 4975 of the Code), and neither the execution of this Agreement nor the making of Loans nor the issuance of Facility Letters of Credit hereunder gives rise to a non-exempt Prohibited Transaction.

Plan Assets; Prohibited Transactions. None of the Loan Parties is an entity deemed to hold “plan assets” within the meaning of 29 C.F.R. § 2510.3-101, as modified by Section 3(42) of ERISA, 101 of an employee benefit plan (as defined in Section 3(3) of ERISA) which is subject to Title I of ERISA or any plan (within the meaning of Section 4975 of the Code), and neither the execution of this Agreement nor the making of Loans nor the issuance of Letters of Credit hereunder gives rise to a non-exempt Prohibited Transaction.

Plan Assets; Prohibited Transactions. None of the No Loan Parties Party is an entity deemed to hold “plan assets” within the meaning of 29 C.F.R. § 2510.3-101, as modified by Section 3(42) of ERISA, 101 of an employee benefit plan (as defined in Section 3(3) of ERISA) which is subject to Title I of ERISA or any plan (within the meaning of Section 4975 of the Code), and neither the execution of this Agreement nor the making of Loans nor the issuance of Letters of Credit Extensions hereunder gives rise to a non-exempt Prohibited Transaction.

Plan Assets; Prohibited Transactions. None of the Loan Parties is an entity deemed to hold “plan assets” within the meaning of 29 C.F.R. § 2510.3-101, as modified by Section 3(42) of ERISA, of an employee benefit plan (as defined in Section 3(3) of ERISA) which is subject to Title I of ERISA or any plan (within the meaning of Section 4975 of the Code), and neither the execution of this Agreement nor the making of Loans nor the issuance of Letters of Credit hereunder gives rise to a non-exempt Prohibited Transaction.

Plan Assets; Prohibited Transactions. None of the No Loan Parties Party is an entity deemed to hold “plan assets” within the meaning of 29 C.F.R. § 2510.3-101, as modified by Section 3(42) of ERISA, of an employee benefit plan (as defined in Section 3(3) of ERISA) which is subject to Title I of ERISA or any plan (within the meaning of Section 4975 of the Code), and neither the execution of this Agreement nor the making of Loans nor the issuance of Letters of Credit hereunder gives rise to a non130 110393723.6 0063724-exempt Prohibited Transaction.00082 115525625.4 0063724-00082

Plan Assets; Prohibited Transactions. None of the Loan Parties is an entity deemed to hold “plan assets” within the meaning of 29 C.F.R. § 2510.3-101, as modified by Section 3(42) of ERISA, 101 of an employee benefit plan (as defined in Section 3(3) of ERISA) which is subject to Title I of ERISA or any plan (within the meaning of Section Sec-tion 4975 of the Code), and neither the execution of this Agreement nor the making of Loans nor the issuance of Letters of Credit hereunder gives rise to a non-exempt Prohibited Transaction.

Plan Assets; Prohibited Transactions. None of the The Loan Parties is an entity are not entities deemed to hold “"plan assets” " within the meaning of 29 C.F.R. § Section 2510.3-101, as modified by Section 3(42) of ERISA, 101 of an employee benefit plan (as defined in Section 3(3) of ERISA) which is subject to Title I of ERISA or any plan (within the meaning of Section 4975 of the Code), and neither the execution of this Agreement nor the making of Loans nor the issuance of Letters of Credit Extensions hereunder gives rise to a non-exempt Prohibited Transactionprohibited transaction within the meaning of Section 406 of ERISA or Section 4975 of the Code.

Plan Assets; Prohibited Transactions. None of the Loan Parties is an entity deemed to hold “"plan assets” " within the meaning of 29 C.F.R. § ss. 2510.3-101, as modified by Section 3(42) of ERISA, 101 of an employee benefit plan (as defined in Section 3(3) of ERISA) which is subject to Title I of ERISA or any plan (within the meaning of Section 4975 of the Code), and neither the execution of this Agreement nor the making of Loans nor the issuance of Facility Letters of Credit hereunder gives rise to a non-exempt Prohibited Transaction.

Plan Assets; Prohibited Transactions. None of the Loan Parties is an entity deemed to hold “plan assets” within the meaning of 29 C.F.R. § 2510.3-101, as modified by Section 3(42) of ERISA, of an employee benefit plan (as defined in Section 3(3) of ERISA) which is subject to Title I of ERISA or any plan (within the meaning of Section 4975 of the Code), and neither the execution of this Agreement nor the making of Loans nor the issuance of Letters of Credit hereunder gives rise to a non-exempt Prohibited Transaction.

Plan Assets; Prohibited Transactions. None of the Loan Parties is an entity deemed to hold “"plan assets” " within the meaning of 29 C.F.R. § section 2510.3-101, as modified by Section 3(42) of ERISA, 101 of an employee benefit plan (as defined in Section 3(3) of ERISA) which is subject to Title I of ERISA or any plan (within the meaning of Section 4975 of the Code), and neither the execution of this Agreement nor the making of Loans nor the issuance of Facility Letters of Credit hereunder gives rise to a non-exempt Prohibited Transaction. 6.14.2.

Plan Assets; Prohibited Transactions. None of the Loan Parties is an entity deemed to hold “"plan assets” " within the meaning of 29 C.F.R. § 2510.3-101, as modified by Section 3(42) of ERISA, 101 of an employee benefit plan (as defined in Section 3(3) of ERISA) which is subject to Title I of ERISA or any plan (within the meaning of Section 4975 of the Code), and neither the execution of this Agreement nor the making of Loans nor the issuance of Facility Letters of Credit hereunder gives rise to a non-exempt Prohibited Transaction.