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 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 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 and, assuming no “plan assets” are used by any Lender in the making of any Loan, 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 1 contract
Plan Assets; Prohibited Transactions. Neither 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 752805876 23733713 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 1 contract
Samples: Credit Agreement (loanDepot, Inc.)
