Common use of Qualification; Compliance Clause in Contracts

Qualification; Compliance. Except where failures to so comply with each of the following representations would not individually or in the aggregate be expected to result in an IFG Material Adverse Effect, (i) each of the IFG Benefit Plans intended to be "qualified" within the meaning of Section 401(a) of the Code has been determined by the Internal Revenue Service (the "IRS") to be so qualified, and, to the knowledge of IFG, no circumstances exist that are reasonably expected by IFG to result in the revocation of any such determination; (ii) IFG is in compliance with, and each of the 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 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; (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 IFG Benefit Plan, and which could give rise to liability on the part of IFG, any IFG Benefit Plan, or any fiduciary, party in interest or disqualified Person.

Qualification; Compliance. Except where failures failure to so comply with each of the following representations would not individually or in the aggregate be expected to result in an IFG AIMCO Material Adverse Effect, : (i) each of the IFG AIMCO Benefit Plans intended to be "qualified" within the meaning of Section 401(a) of the Code has been determined by the Internal Revenue Service (the "IRS") IRS to be so qualified, and, to the knowledge of IFGAIMCO, no circumstances exist that are reasonably expected by IFG AIMCO to result in the revocation of any such determination; (ii) IFG AIMCO is in compliance with, and each of the IFG 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 IFG 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 IFG AIMCO Benefit Plan, and which could give rise to liability on the part of IFGAIMCO, any IFG AIMCO Benefit Plan, or any fiduciary, party in interest or disqualified Person.

Qualification; Compliance. Except where failures 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 IFG Material Adverse Effect, (i) each of the IFG UPEN --------------- Benefit Plans intended intenxxx to be "qualified" within the meaning of --------- Section 401(a) of the Code has been determined by the Internal Revenue Service (the "IRS") IRS to be -------------- so qualifiedqualified as to form, and, to the knowledge of IFGUPEN, no circumstances exist that are reasonably expected exxxxted by IFG UPEN to result in the revocation of any such determination; (ii) IFG deterxxxxtion. To the knowledge of UPEN, UPEN is in compliance in all respects with, and each of xxx eaxx xf the IFG 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 IFG 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; (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 IFG Benefit Plan, and which could give rise to liability on the part of IFG, any IFG Benefit Plan, or any fiduciary, party in interest or disqualified Person.

Qualification; Compliance. Except where failures the failure to so comply with each of the following representations would not individually or in the aggregate be expected to result in an IFG AIMCO Material Adverse Effect, : (i) each of the IFG AIMCO Benefit Plans intended to be "qualified" within the meaning of Section 401(a) of the Code has been determined by the Internal Revenue Service (the "IRS") IRS to be so qualified, and, to the knowledge of IFGAIMCO, no circumstances exist that are reasonably expected by IFG AIMCO to result in the revocation of any such determination; (ii) IFG AIMCO is in compliance with, and each of the IFG 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 IFG 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 IFG AIMCO Benefit Plan, and which could give rise to liability on the part of IFGAIMCO, any IFG AIMCO Benefit Plan, or any fiduciary, party in interest or disqualified Person.