Common use of Qualification; Compliance Clause in Contracts

Qualification; Compliance. Except where failure to so comply with each of the following representations would not individually or in the aggregate be expected to result in an AIMCO Material Adverse Effect: (i) each of the AIMCO Benefit Plans intended to be "qualified" within the meaning of Section 401(a) of the Code has been determined by the IRS to be so qualified, and, to the knowledge of AIMCO, no circumstances exist that are reasonably expected by AIMCO to result in the revocation of any such determination; (ii) AIMCO is in compliance with, and each of the AIMCO Benefit Plans is and has been operated in compliance with, all applicable laws, rules and regulations governing such plan, including, without limitation, ERISA and the Code; (iii) each AIMCO Benefit Plan intended to provide for the deferral of income, the reduction of salary or other compensation, or to afford other income tax benefits, complies with the requirements of the applicable provisions of the Code or other laws, rules and regulations required to provide such income tax benefits; and (iv) no prohibited transactions (as defined in Section 406 or 407 of ERISA or Section 4975 of the Code) have occurred for which a statutory or administrative exemption is not available with respect to any AIMCO Benefit Plan, and which could give rise to liability on the part of AIMCO, any AIMCO Benefit Plan, or any fiduciary, party in interest or disqualified Person.

Qualification; Compliance. Except where failure failures to so comply with each of the following representations would not individually or in the aggregate be expected to result in an AIMCO IFG Material Adverse Effect: , (i) each of the AIMCO IFG Benefit Plans intended to be "qualified" within the meaning of Section 401(a) of the Code has been determined by the IRS Internal Revenue Service (the "IRS") to be so qualified, and, to the knowledge of AIMCOIFG, no circumstances exist that are reasonably expected by AIMCO IFG to result in the revocation of any such determination; (ii) AIMCO IFG is in compliance with, and each of the AIMCO IFG Benefit Plans is and has been operated in compliance with, all applicable laws, rules and regulations governing such plan, including, without limitation, ERISA and the Code; (iii) each AIMCO IFG Benefit Plan intended to provide for the deferral of income, the reduction of salary or other compensation, or to afford other income tax benefits, complies with the requirements of the applicable provisions of the Code or other laws, rules and regulations required to provide such income tax benefits; and (iv) no prohibited transactions (as defined in Section 406 or 407 of ERISA or Section 4975 of the Code) have occurred for which a statutory or administrative exemption is not available with respect to any AIMCO IFG Benefit Plan, and which could give rise to liability on the part of AIMCOIFG, any AIMCO IFG Benefit Plan, or any fiduciary, party in interest or disqualified Person.

Qualification; Compliance. Except where failure to so comply with as set forth in ------------------------- Section 5.10(e) of the UPEN Disclosure Schedule, each of the following representations would not individually or in the aggregate be expected to result in an AIMCO Material Adverse Effect: (i) each of the AIMCO UPEN --------------- Benefit Plans intended intenxxx to be "qualified" within the meaning of --------- Section 401(a) of the Code has been determined by the IRS to be -------------- so qualifiedqualified as to form, and, to the knowledge of AIMCOUPEN, no circumstances exist that are reasonably expected exxxxted by AIMCO UPEN to result in the revocation of any such determination; (ii) AIMCO deterxxxxtion. To the knowledge of UPEN, UPEN is in compliance in all respects with, and each of xxx eaxx xf the AIMCO UPEN Benefit Plans is and has been operated in accxxxxnce with the term of such plan and in all respects in compliance with, all applicable laws, rules and regulations governing each such plan, including, without limitation, ERISA and the Code; (iii) , except for any violations that, in the aggregate do not, and insofar as reasonably can be foreseen, would not, give rise to an UPEN Material Adverse Effect. To the knowledge of XXXN, each AIMCO UPEN Benefit Plan (and where applicable, its relaxxx xrust) intended to provide for the deferral of income, the reduction of salary or other compensation, or to afford other income tax benefits, complies in all material respects with the requirements of the applicable provisions of the Code or other laws, rules and regulations required to provide such income tax benefits; and (iv) no prohibited transactions (as defined in Section 406 or 407 of ERISA or Section 4975 of the Code) have occurred for which a statutory or administrative exemption is not available with respect to any AIMCO Benefit Plan, and which could give rise to liability on the part of AIMCO, any AIMCO Benefit Plan, or any fiduciary, party in interest or disqualified Person.

Qualification; Compliance. Except where the failure to so comply with each of the following representations would not individually or in the aggregate be expected to result in an AIMCO Material Adverse Effect: (i) each of the AIMCO Benefit Plans intended to be "qualified" within the meaning of Section 401(a) of the Code has been determined by the IRS to be so qualified, and, to the knowledge of AIMCO, no circumstances exist that are reasonably expected by AIMCO to result in the revocation of any such determination; (ii) AIMCO is in compliance with, and each of the AIMCO Benefit Plans is and has been operated in compliance with, all applicable laws, rules and regulations governing such plan, including, without limitation, ERISA and the Code; (iii) each AIMCO Benefit Plan intended to provide for the deferral of income, the reduction of salary or other compensation, or to afford other income tax benefits, complies with the requirements of the applicable provisions of the Code or other laws, rules and regulations required to provide such income tax benefits; and (iv) no "prohibited transactions transactions" (as defined in Section 406 or 407 of ERISA or Section 4975 of the Code) have occurred for which a statutory or administrative exemption is not available with respect to any AIMCO Benefit Plan, and which could give rise to liability on the part of AIMCO, any AIMCO Benefit Plan, or any fiduciary, party in interest or disqualified Person.