Representations, Warranties and Covenants with respect to ERISA Sample Clauses

Representations, Warranties and Covenants with respect to ERISA. By acquiring a Series 2012-1 Note (or interest therein), each purchaser and subsequent transferee shall be deemed to represent and warrant that either (i) it is not (and for so long as it holds such Series 2012-1 Note will not be), is not acting on behalf of (and for so long as it holds such Series 2012-1 Note will not be acting on behalf of), and is not investing the assets of a Benefit Plan or a governmental plan, church plan or non-U.S. plan that is subject to any Similar Law or (ii) its acquisition, continued holding and disposition of such Series 2012-1 Note will not result in a non-exempt prohibited transaction under ERISA or Section 4975 of the Code or a violation of any Similar Law. Benefit Plans may not acquire the Series 2012-1 Notes at any time that the Series 2012-1 Notes do not have a current investment grade rating from a nationally recognized statistical rating organization.
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Representations, Warranties and Covenants with respect to ERISA. By acquiring a Series 2011-1 Note, each purchaser and transferee shall be deemed to represent and warrant that either (i) it is not (and for so long as it holds such Series 2011-1 Note will not be), is not acting on behalf of (and for so long as it holds such Series 2011-1 Note will not be acting on behalf of), and is not investing the assets of a Benefit Plan or (ii) its acquisition, continued holding and disposition of such Series 2011-1 Note will not result in a non-exempt prohibited transaction under ERISA or Section 4975 of the Code or a violation of any Similar Law.
Representations, Warranties and Covenants with respect to ERISA. By acquiring a Series 2015-1 Note, each purchaser and transferee shall be deemed to represent and warrant that either (i) it is not, and for so long as it holds such Series 2015-1 Note will not be, is not acting on behalf of, and for so long as it holds such Series 2015-1 Note will not be acting on behalf of, and is not investing the assets of, a Benefit Plan or a governmental plan, church plan or non-U.S. plan that is subject to Similar Law or (ii) its acquisition, continued holding and disposition of such Series 2015-1 Note will not result in a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code or a violation of any Similar Law.
Representations, Warranties and Covenants with respect to ERISA. (a) By acquiring a Series 2018-2 Note (or interest therein), each purchaser and subsequent transferee shall be deemed to represent and warrant that either (i) it is not (and for so long as it holds such Series 2018-2 Note will not be), is not acting on behalf of (and for so long as it holds such Series 2018-2 Note will not be acting on behalf of), and is not investing the assets of a Benefit Plan or a governmental plan, church plan or non-U.S. plan that is subject to any Similar Law or (ii) its acquisition, continued holding and disposition of such Series 2018-2 Note will not result in a non-exempt prohibited transaction under ERISA or Section 4975 of the Code or a violation of any Similar Law. Benefit Plans may not acquire the Series 2018-2 Notes at any time that the Series 2018-2 Notes do not have a current investment grade rating from a nationally recognized statistical rating organization.
Representations, Warranties and Covenants with respect to ERISA. By acquiring a Series 20[ ]-[ ] Note (or interest therein), each purchaser and transferee shall be deemed to represent and warrant that either (i) it is not (and for so long as it holds such Series 20[ ]-[ ] Note will not be), is not acting on behalf of (and for so long as it holds such Series 20[ ]-[ ] Note will not be acting on behalf of), and is not investing the assets of a Benefit Plan or a governmental plan, church plan or non-U.S. plan that is subject to any Similar Law or (ii) its acquisition, continued holding and disposition of such Series 20[ ]-[ ] Note will not result in a non-exempt prohibited transaction under ERISA or Section 4975 of the Code or a violation of any Similar Law. Benefit plans may not acquire the Series 20[ ]-[ ] Notes at any time that the Series 20[ ]-[ ] Notes do not have a current investment grade rating from a nationally recognized statistical rating organizations.
Representations, Warranties and Covenants with respect to ERISA. By acquiring a Series 20[ ]-[ ] Note, each purchaser and transferee shall be deemed to represent and warrant that either (i) it is not (and for so long as it holds such Series 20[ ]-[ ] Note will not be), is not acting on behalf of (and for so long as it holds such Series 20[ ]-[ ] Note will not be acting on behalf of), and is not investing the assets of a Benefit Plan or (ii) its acquisition, continued holding and disposition of such Series 20[ ]-[ ] Note will not result in a non-exempt prohibited transaction under ERISA or Section 4975 of the Code or a violation of any Similar Law.
Representations, Warranties and Covenants with respect to ERISA. By acquiring a Series 20[●]-[●] Note (or interest therein), each purchaser and subsequent transferee shall be deemed to represent and warrant that either (i) it is not (and for so long as it holds such Series 20[●]-[●] Note will not be), is not acting on behalf of (and for so long as it holds such Series 20[●]-[●] Note will not be acting on behalf of), and is not investing the assets of a Benefit Plan or a plan that is subject to any Similar Law or (ii) its acquisition, continued holding and disposition of such Series 20[●]-[●] Note will not result in a non-exempt prohibited transaction under ERISA or Section 4975 of the Code or a violation of any Similar Law. Benefit Plans or plans that are subject to Similar Law may not acquire the Series 20[●]-[●] Notes at any time that the Series 20[●]-[●] Notes do not have a current investment grade rating from a nationally recognized statistical rating organization.
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Representations, Warranties and Covenants with respect to ERISA. By acquiring a Series [_____] Note, each purchaser and transferee shall be deemed to represent and warrant that either (i) it is not, and for so long as it holds such Series [_____] Note will not be, is not acting on behalf of, and for so long as it holds such Series [_____] Note will not be acting on behalf of, and is not investing the assets of, a Benefit Plan or a governmental plan, church plan or non-U.S. plan that is subject to Similar Law or (ii) its acquisition, continued holding and disposition of such Series [_____] Note will not result in a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code or a violation of any Similar Law.
Representations, Warranties and Covenants with respect to ERISA. By acquiring a Series 2011-3 Note, each purchaser and transferee shall be deemed to represent and warrant that either (i) it is not (and for so long as it holds such Series 2011-3 Note will not be), is not acting on behalf of (and for so long as it holds such Series 2011-3 Note will not be acting on behalf of), and is not investing the assets of a Benefit Plan or a governmental plan, church plan or non-U.S. plan that is subject to any Similar Law or (ii) its acquisition, continued holding and disposition of such Series 2011-3 Note will not result in a non-exempt prohibited transaction under ERISA or Section 4975 of the Code or a violation of any Similar Law. General plans may not acquire the Series 2011-3 Notes at any time that the Series 2011-3 Notes do not have a current investment grade rating from a nationally recognized statistical rating agency. ARTICLE IV RIGHTS OF SERIES 2011-3 NOTEHOLDERS AND ALLOCATION AND APPLICATION OF COLLECTIONS

Related to Representations, Warranties and Covenants with respect to ERISA

  • Compliance with Representations, Warranties and Covenants The representations and warranties made by Buyer in this Agreement shall have been true and correct when made and shall be true and correct in all material respects at the Closing with the same force and effect as if made at the Closing, and Buyer shall have performed all agreements, covenants and conditions required to be performed by Buyer prior to the Closing.

  • Representations, Warranties and Covenants The Grantors jointly and severally represent, warrant and covenant to and with the Collateral Agent, for the benefit of the Secured Parties, that:

  • Additional Representations, Warranties and Covenants Borrowers and Guarantors, jointly and severally, represent, warrant and covenant with and to Agent and Lenders as follows, which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, and the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans by Lenders to Borrowers:

  • Mutual Representations, Warranties and Covenants Each Party hereby represents and warrants to the other Party, as of the Effective Date, as follows:

  • CERTAIN REPRESENTATIONS, WARRANTIES AND COVENANTS 2.1. The Company represents and warrants that the Policies are or will be registered under the 1933 Act or are exempt from or not subject to registration thereunder, and that the Policies will be issued, sold, and distributed in compliance in all material respects with all applicable state and federal laws, including without limitation the 1933 Act, the Securities Exchange Act of 1934, as amended (the "1934 Act"), and the 1940 Act. The Company further represents and warrants that it is an insurance company duly organized and in good standing under applicable law and that it has legally and validly established the Account as a segregated asset account under applicable law and has registered or, prior to any issuance or sale of the Policies, will register the Accounts as unit investment trusts in accordance with the provisions of the 1940 Act (unless exempt therefrom) to serve as segregated investment accounts for the Policies, and that it will maintain such registration for so long as any Policies are outstanding. The Company shall amend the registration statements under the 1933 Act for the Policies and the registration statements under the 1940 Act for the Accounts from time to time as required in order to effect the continuous offering of the Policies or as may otherwise be required by applicable law. The Company shall register and qualify the Policies for sales in accordance with the securities laws of the various states only if and to the extent deemed necessary by the Company.

  • Representations, Warranties and Covenants of the Client A. The Client hereby represents and warrants to the Distributor, which representations and warranties shall be deemed to be continuing throughout the term of this Agreement, that:

  • GENERAL REPRESENTATIONS, WARRANTIES AND COVENANTS Each Assignor represents, warrants and covenants, which representations, warranties and covenants shall survive execution and delivery of this Agreement, as follows:

  • Survival of Representations, Warranties and Covenants The representations, warranties and covenants of the Company, Parent and Merger Sub contained in this Agreement will terminate at the Effective Time, except that any covenants that by their terms survive the Effective Time will survive the Effective Time in accordance with their respective terms.

  • Representations, Warranties and Covenants of the Sponsor Ally Bank, in its capacity as the Sponsor (the “Sponsor”) represents and warrants to, and agrees with, the Underwriters that the Sponsor or the Depositor has provided a written representation (the “17g-5 Representation”) to each Rating Agency, which satisfies the requirements of paragraph (a)(3)(iii) of Rule 17g-5 of the Exchange Act. Each of the Depositor and the Sponsor has complied, and will comply, with the 17g-5 Representation other than any breach of the 17g-5 Representation (a) that would not have a material adverse effect on the Offered Notes or (b) arising from a breach by any of the Underwriters of the representation, warranty and covenant set forth in Section 5(g).

  • Representations, Warranties and Covenants of the Company The Company hereby represents and warrants to, and covenants with, the Purchaser as follows:

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