Common use of Plan Assets Clause in Contracts

Plan Assets. Seller shall not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code and Seller shall not use “plan assets” within the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42) of ERISA to engage in this Agreement or any Transaction hereunder. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Assets are not use “plan assets” within the meaning of 29 CFR § 2510.3 101, 101 as amended by Section 3(42) of ERISA to engage ERISA, in this Agreement or any Transaction hereunder. Transactions to Seller’s hands, and transactions by or with Seller shall are not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA.

Plan Assets. Seller shall not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section section 4975(e)(1) of the Code and Seller shall not use “plan assets” within the meaning of 29 CFR § 2510.3 101, as amended by Section section 3(42) of ERISA to engage in this Agreement or any Transaction hereunder. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section section 3(32) of ERISA.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section section 4975(e)(1) of the Code Code, and Seller shall the Purchased Assets are not use “plan assets” within the meaning of 29 CFR § 2510.3 101, 101 as amended by Section section 3(42) of ERISA to engage ERISA, in this Agreement or any Transaction hereunder. Transactions to Seller’s hands, and transactions by or with Seller shall are not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section section 3(32) of ERISA.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Mortgage Loans are not use “plan assets” within the meaning of 29 CFR § 2510.3 §2510.3-101, as amended modified by Section 3(42) of ERISA to engage ERISA, in this Agreement or any Transaction hereunder. Transactions to Seller’s hands and transactions by or with Seller shall are not be subject to any state or local statute regulating investments of of, or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA.

Plan Assets. The Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Mortgage Loans are not use “plan assets” within the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42) of ERISA to engage §2510.3-101 in this Agreement or any Transaction hereunder. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISASeller’s hands.

Plan Assets. The Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Mortgage Loans are not use “plan assets” within the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42) of ERISA to engage §2510.3-101 in this Agreement or any Transaction hereunder. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISASeller’s hands.

Plan Assets. Seller shall not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code and Seller shall not use “plan assets” within the meaning of 29 CFR § §2510.3 101, as amended by Section 3(42) of ERISA to engage in this Repurchase Agreement or any Transaction hereunder. Transactions to by or with Seller or Guarantor shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Assets are not use “plan assets” within the meaning of 29 CFR § 2510.3 §2510.3-101, as amended modified by Section 3(42) of ERISA to engage in this Agreement or any Transaction hereunder. Transactions to ERISA, and transactions by or with Seller shall are not be subject to any state or local statute regulating investments of of, or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA.

Plan Assets. Seller shall not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code and Seller shall not use “plan assets” within the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42) of ERISA to engage in this Agreement or any Transaction hereunder. Transactions to or with Seller or Guarantor shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Assets are not use “plan assets” within the meaning of 29 CFR § §2510.3 101, 101 as amended by Section 3(42) of ERISA to engage ERISA, in this Agreement or any Transaction hereunder. Transactions to Seller’s hands, and transactions by or with Seller shall are not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA or church plans within the meaning of Section 3(33) of ERISA.

Plan Assets. Seller shall not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section section 4975(e)(1) of the Code and Seller shall not use “plan assets” within that is subject to Section 4975 of the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42) of ERISA to engage in this Agreement or any Transaction hereunderCode. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section section 3(32) of ERISAERISA which would be violated by the Transactions contemplated hereunder.

Plan Assets. Seller shall not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code and the Seller shall not use “plan assets” within the meaning of 29 CFR § §2510.3 101, as amended by Section 3(42) of ERISA to engage in this Agreement or any Transaction hereunder. Transactions to by or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section section 4975(e)(1) of the Code Code, and Seller shall the Purchased Assets are not use “plan assets” within the meaning of 29 CFR C.F.R. § 2510.3 2510.3-101, as amended by Section section 3(42) of ERISA to engage ERISA, in this Agreement or any Transaction hereunder. Transactions to Seller’s hands, and transactions by or with Seller shall are not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section section 3(32) of ERISA.

Plan Assets. The Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Participation Certificate and Mortgage Loans are not use “plan assets” within the meaning of 29 CFR C.F.R. § 2510.3 101, as amended by Section 3(42) of ERISA to engage 2510.3-101 in this Agreement or any Transaction hereunder. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISASeller’s hands.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 3(3) of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code and Seller shall not use Code, or an entity deemed to hold “plan assets” within the meaning of 29 CFR § 2510.3 §2510.3-101, as amended modified by Section 3(42) of ERISA to engage in this Agreement or ERISA, and Seller is not acting on behalf of any Transaction hereunderof the foregoing. Transactions to or with Seller shall is not be subject to any state or local statute regulating investments of of, or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA, and the Purchased Assets are not “plan assets” within the meaning of 29 CFR §2510.3-101, as modified by Section 3(42) of ERISA.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Assets are not use “plan assets” within the meaning of 29 CFR § 2510.3 §2510.3-101, as amended modified by Section 3(42) of ERISA to engage ERISA, in this Agreement or any Transaction hereunder. Transactions to Seller’s hands and transactions by or with Seller shall are not be subject to any state or local statute regulating investments of of, or fiduciary obligations with respect to to, governmental plans within the meaning of Section 3(32) of ERISA.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Assets are not use “plan assets” within the meaning of 29 CFR C.F.R. § 2510.3 2510.3-101, as amended modified by Section 3(42) of ERISA to engage in this Agreement or any Transaction hereunder. Transactions to ERISA, and transactions by or with Seller shall are not be subject to any state or local statute regulating investments of of, or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA or church plans within the meaning of Section 3(33) of ERISA.

Plan Assets. The Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Mortgage Loans are not use “plan assets” within the meaning of 29 CFR § 2510.3 101§2510.3-101 , as amended modified by Section 3(42) of ERISA to engage ERISA, in this Agreement or any Transaction hereunder. Transactions to Seller’s hands and transactions by or with Seller shall are not be subject to any state or local statute regulating investments of of, or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Loans are not use “plan assets” within the meaning of 29 CFR § 2510.3 §2510.3-101, as amended modified by Section 3(42) of ERISA to engage in this Agreement or any Transaction hereunder. Transactions to ERISA, and transactions by or with Seller shall are not be subject to any state or local statute regulating investments of of, or fiduciary obligations with respect to to, governmental plans within the meaning of Section 3(32) of ERISA or church plans within the meaning of Section 3(33) of ERISA.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Mortgage Loans are not use “plan assets” within the meaning of 29 CFR § §2510.3 101, 101 as amended by Section 3(42) of ERISA to engage ERISA, in this Agreement or any Transaction hereunder. Transactions to the Seller’s hands, and transactions by or with Seller shall are not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 3(3) of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Mortgage Loans are not use “plan assets” within the meaning of 29 CFR § 2510.3 §2510.3-101, as amended modified by Section 3(42) of ERISA to engage ERISA, in this Agreement or any Transaction hereunder. Transactions to Seller’s hands and transactions by or with Seller shall are not be subject to any state or local statute regulating investments of of, or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code and Seller shall Code, the Purchased Assets are not use “plan assets” within the meaning of 29 CFR § 2510.3 101, §2510.3-101 as amended by Section 3(42) of ERISA to engage in this Agreement or any Transaction hereunder. Transactions to the Seller’s hands, and transactions by or with Seller shall are not be subject to any state or local statute regulating investments of investments, or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA.

Plan Assets. Seller shall not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code and Seller shall not use “plan assets” within the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42) of ERISA §2510.3-101 to engage in this Repurchase Agreement or any Transaction hereunder. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA.”

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Mortgage Loans are not use “plan assets” within the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42) of ERISA to engage §2510.3-101 in this Agreement or any Transaction hereunder. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISASeller’s hands.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Mortgage Loans are not use “plan assets” within the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42§2510.3-101 in Seller’s hands.” (b) of ERISA to engage deleting subsection (e)(1) in this Agreement or any Transaction hereunder. Transactions to or its entirety and replacing it with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA.following:

Plan Assets. Seller shall not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code and the Seller shall not use “plan assets” within the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42) of ERISA §2510.3-101 to engage in this Agreement or any Transaction hereunder. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA.

Plan Assets. Seller shall not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code and the Seller shall not use “plan assets” within the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42) of ERISA §2510.3-101 to engage in this Repurchase Agreement or any Transaction hereunder. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA.”

Plan Assets. Seller shall not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code and the Seller shall not use “plan assets” within the meaning of 29 CFR § 2510.3 101, §2510.3-101 as amended by Section 3(42) of ERISA to engage in this Agreement or any Transaction hereunder. Transactions to , and transactions by or with Seller or Guarantor shall not be subject to any state or local statute regulating investments of of, or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Assets are not use “plan assets” within the meaning of 29 CFR § §2510.3 101, as amended modified by Section 3(42) of ERISA to engage in this Agreement or any Transaction hereunder. Transactions to ERISA, and transactions by or with Seller shall are not be subject to any state or local statute regulating investments of of, or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA or church plans within the meaning of Section 3(33) of ERISA.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Mortgage Loans are not use “"plan assets” " within the meaning of 29 CFR § 2510.3 101Section 2510.3-101 in the Seller's hands." (b) The Seller hereby represents and warrants to the Buyer that, as amended by Section 3(42) of ERISA to engage in this Agreement or any Transaction hereunder. Transactions to or with Seller shall the Amendment Effective Date, Seller's Adjusted Tangible Net Worth is not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISAless than $8 Million.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Mortgage Loans are not use “"plan assets” " within the meaning of 29 CFR § 2510.3 101, as (S)2510.3-101 in the Seller's hands." SECTION 5. Section 14 of the Existing Repurchase Agreement is hereby amended by Section 3(42adding the following clause (cc) of ERISA to engage in this Agreement or any Transaction hereunder. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within at the meaning of Section 3(32) of ERISA.end thereof:

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Loans are not use “plan assets” within the meaning of 29 CFR C.F.R. § 2510.3 2510.3-101, as amended modified by Section 3(42) of ERISA to engage in this Agreement or any Transaction hereunder. Transactions to ERISA, and transactions by or with Seller shall are not be subject to any state or local statute regulating investments of of, or fiduciary obligations with respect to to, governmental plans within the meaning of Section 3(32) of ERISA or church plans within the meaning of Section 3(33) of ERISA.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Mortgage Loans are not use “plan assets” within the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42) of ERISA to engage §2510.3-101 in this Agreement or any Transaction hereunder. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISASeller’s hands.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Assets are not use “"plan assets” " within the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42) of ERISA to engage 2510.3-101 in this Agreement or any Transaction hereunder. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISASeller's hands.

Plan Assets. The Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Mortgage Loans are not use “"plan assets” " within the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42) of ERISA to engage 2510.3-101 in this Agreement or any Transaction hereunder. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISASeller's hands.

Plan Assets. Seller shall not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code and the Seller shall not use “"plan assets” " within the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42) of ERISA ss.2510.3-101 to engage in this Repurchase Agreement or any Transaction hereunder. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA.

Plan Assets. The Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Assets are not use “"plan assets” " within the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42) of ERISA to engage ss.2510.3-101 in this Agreement or any Transaction hereunder. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISASeller's hands.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Mortgage Loans are not use “plan assets” within the meaning of 29 CFR § §2510.3 101, 101 as amended by Section 3(42) of ERISA to engage ERISA, in this Agreement or any Transaction hereunder. Transactions to the Seller’s hands, and transactions by or with Seller shall or are not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA.

Plan Assets. Seller shall not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code and the Seller shall not use “"plan assets” " within the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42) of ERISA ss.2510.3-101 to engage in this Agreement or any Transaction hereunder. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Mortgage Loans are not use “plan assets” within the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42) of ERISA to engage 101 in this Agreement or any Transaction hereunder. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISASeller’s hands.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Mortgage Loans are not use “plan assets” within the meaning of 29 CFR § §2510.3 101, 101 as amended by Section 3(42) of ERISA to engage ERISA, in this Agreement or any Transaction hereunder. Transactions to Seller’s hands, and transactions by or with Seller shall are not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA.

Plan Assets. Seller shall not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code and Seller shall not use “plan assets” within the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42) of ERISA to engage in this Agreement or any Transaction hereunder. Transactions under this Agreement to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Assets are not use “plan assets” within the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42) of ERISA to engage 2510.3-101 in this Agreement or any Transaction hereunder. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISASeller’s hands.

Plan Assets. The Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Mortgage Loans are not use “"plan assets” " within the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42) of ERISA to engage §2510.3-101 in this Agreement or any Transaction hereunder. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISASeller's hands.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Assets are not use “plan assets” within the meaning of 29 CFR § 2510.3 101, as amended modified by Section 3(42) of ERISA to engage in this Agreement or any Transaction hereunder. Transactions to ERISA, and transactions by or with Seller shall are not be subject to any state or local statute regulating investments of of, or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA or church plans within the meaning of Section 3(33) of ERISA.

Plan Assets. The Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Assets are not use “plan assets” within the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42) of ERISA to engage §2510.3-101 in this Agreement or any Transaction hereunder. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISASeller’s hands.

Plan Assets. Seller shall not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code and the Seller shall not use “plan assets” within the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42) of ERISA 2510.3-101 to engage in this Agreement or any Transaction hereunder. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Mortgage Loans are not use “"plan assets” " within the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42) of ERISA to engage 2510.3-101 in this Agreement or any Transaction hereunder. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISASeller's hands."

Plan Assets. The Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Mortgage Loans are not use “plan assets” within the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42) of ERISA to engage §2510.3-101 in this Agreement or any Transaction hereunder. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISASellers’ hands.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Assets and the Repurchase Assets are not use “plan assets” within the meaning of 29 CFR § §2510.3 101, 101 as amended by Section 3(42) of ERISA to engage ERISA, in this Agreement or any Transaction hereunder. Transactions to Seller’s hands, and transactions by or with Seller shall are not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA.

Plan Assets. Seller shall not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code and the Seller shall not use “plan assets” within the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42) of ERISA §2510.3-101 to engage in this Repurchase Agreement or any Transaction hereunder. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISA.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Mortgage Loans are not use “plan assets” within the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42) of ERISA to engage §2510.3-101 in this Agreement or any Transaction hereunder. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISASeller’s hands.”

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Assets are not use “plan assets” within the meaning of 29 CFR § 2510.3 101, 2510.3-101 as amended by Section 3(42) of ERISA to engage ERISA, in Seller’s hands, and transactions under this Agreement or any Transaction hereunder. Transactions to by or with Seller shall are not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISAERISA which would be violated by the Transactions contemplated hereunder.

Plan Assets. Seller shall is not be an employee benefit plan as defined in Section 3 of Title I of ERISA, or a plan described in Section 4975(e)(1) of the Code Code, and Seller shall the Purchased Mortgage Loans are not use “"plan assets” " within the meaning of 29 CFR § 2510.3 101, as amended by Section 3(42) of ERISA to engage ss.2510.3-101 in this Agreement or any Transaction hereunder. Transactions to or with Seller shall not be subject to any state or local statute regulating investments of or fiduciary obligations with respect to governmental plans within the meaning of Section 3(32) of ERISASeller's hands.