Common use of Prohibited Transactions and Payments Clause in Contracts

Prohibited Transactions and Payments. Neither any Loan Party nor any ERISA Affiliate has (1) engaged in a material nonexempt prohibited transaction described in Section 406 of ERISA or Section 4975 of the Code; (2) incurred any liability to the PBGC which remains outstanding other than the payment of premiums and there are no premium payments which are due and unpaid; (3) failed to make a required contribution or payment to a Multiemployer Plan; or (4) failed to make a required installment or other required payment under Section 412 of the Code.

Appears in 3 contracts

Samples: Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust)

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Prohibited Transactions and Payments. Neither any No Corporate Loan Party nor any ERISA Affiliate has has: (1) engaged in a material nonexempt prohibited transaction described in Section 406 of ERISA or Section 4975 of the CodeIRC; (2) incurred any liability to the PBGC which remains outstanding other than the payment of premiums and there are no premium payments which are due and unpaid; (3) failed to make a required contribution or payment to a Multiemployer Plan; or (4) failed to make a required installment or other required payment under Section 412 of the CodeIRC.

Appears in 1 contract

Samples: Credit Agreement (First Wave Marine Inc)

Prohibited Transactions and Payments. Neither any No Loan Party nor any ERISA Affiliate has has: (1) engaged in a material nonexempt prohibited transaction described in Section 406 of ERISA or Section 4975 of the CodeIRC; (2) incurred any liability to the PBGC which remains outstanding other than the payment of premiums and there are no premium payments prepayments which are due and unpaid; (3) failed to make a required contribution or payment to a Multiemployer Plan; or (4) failed to make a required installment or other required payment under Section 412 of the CodeIRC.

Appears in 1 contract

Samples: Credit Agreement (Edutrek Int Inc)

Prohibited Transactions and Payments. Neither any No Loan Party nor Borrower nor any ERISA Affiliate has has: (1) engaged in a material nonexempt prohibited transaction described in Section 406 of ERISA or Section 4975 of the CodeIRC; (2) incurred any liability to the PBGC which remains outstanding other than the payment of premiums and there are no premium payments which are due and unpaid; (3) failed to make a required contribution or payment to a Multiemployer Plan; or (4) failed to make a required installment or other required payment under Section 412 of the CodeIRC.

Appears in 1 contract

Samples: Credit Agreement (Krystal Company)

Prohibited Transactions and Payments. Neither any Loan Party Borrower nor any ERISA Affiliate has has: (1) engaged in a material nonexempt prohibited transaction described in Section 406 of ERISA or Section 4975 of the CodeIRC; (2) incurred any liability to the PBGC which remains outstanding other than the payment of premiums and there are no premium payments which are due and unpaid; (3) failed to make a required contribution or payment to a Multiemployer Plan; or (4) failed to make a required installment or other required payment under Section 412 of the CodeIRC.

Appears in 1 contract

Samples: Loan and Security Agreement (Digital Realty Trust, Inc.)

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Prohibited Transactions and Payments. Neither any Loan Party Borrower nor any ERISA Affiliate has has: (1) engaged in a material nonexempt prohibited transaction described in Section 406 of ERISA or Section 4975 of the CodeIRC; (2) incurred any liability to the PBGC which remains outstanding other than the payment of premiums and there are no premium payments which are due and unpaid; (3) failed to make a required contribution or payment to a Multiemployer Plan; or (4) failed to make a required installment or other required payment under Section 412 of the Code.or

Appears in 1 contract

Samples: Loan Agreement (Equity Inns Inc)

Prohibited Transactions and Payments. Neither any Loan Party Borrower Group Member nor any ERISA Affiliate has (1) engaged in a material nonexempt prohibited transaction described in Section 406 of ERISA or Section 4975 of the Code; (2) incurred any liability to the PBGC which remains outstanding other than the payment of premiums and there are no premium payments which are due and unpaid; (3) failed to make a required contribution or payment to a Multiemployer Plan; or (4) failed to make a required installment or other required payment under Section 412 of the Code.

Appears in 1 contract

Samples: Loan Agreement (Prime Retail Inc/Bd/)

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