Common use of Representations, Warranties and Covenants with respect to ERISA Clause in Contracts

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.

Representations, Warranties and Covenants with respect to ERISA. By acquiring a Series 2012-1 7 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 7 Note will not be), is not acting on behalf of (and for so long as it holds such Series 2012-1 7 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 7 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 7 Notes at any time that the Series 2012-1 7 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 2012-1 6 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 6 Note will not be), is not acting on behalf of (and for so long as it holds such Series 2012-1 6 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 6 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 6 Notes at any time that the Series 2012-1 6 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 20122011-1 Note (or interest therein)3 Note, 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 20122011-1 3 Note will not be), is not acting on behalf of (and for so long as it holds such Series 20122011-1 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 20122011-1 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. Benefit Plans General plans may not acquire the Series 20122011-1 3 Notes at any time that the Series 20122011-1 3 Notes do not have a current investment grade rating from a nationally recognized statistical rating organizationagency.

Representations, Warranties and Covenants with respect to ERISA. By acquiring a Series 2012-1 4 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 4 Note will not be), is not acting on behalf of (and for so long as it holds such Series 2012-1 4 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 4 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 4 Notes at any time that the Series 2012-1 4 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 2012-1 5 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 5 Note will not be), is not acting on behalf of (and for so long as it holds such Series 2012-1 5 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 5 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 5 Notes at any time that the Series 2012-1 5 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 2012-1 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 2012-1 2 Note will not be), is not acting on behalf of (and for so long as it holds such Series 2012-1 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 2012-1 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 2012-1 2 Notes at any time that the Series 2012-1 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 2012-1 3 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 3 Note will not be), is not acting on behalf of (and for so long as it holds such Series 2012-1 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 2012-1 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. Benefit Plans may not acquire the Series 2012-1 3 Notes at any time that the Series 2012-1 3 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 20122015-1 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 20122015-1 2 Note will not be), is not acting on behalf of (and for so long as it holds such Series 20122015-1 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 20122015-1 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 20122015-1 2 Notes at any time that the Series 20122015-1 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 20122015-1 3 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 20122015-1 3 Note will not be), is not acting on behalf of (and for so long as it holds such Series 20122015-1 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 20122015-1 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. Benefit Plans may not acquire the Series 20122015-1 3 Notes at any time that the Series 20122015-1 3 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 20122015-1 4 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 20122015-1 4 Note will not be), is not acting on behalf of (and for so long as it holds such Series 20122015-1 4 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 20122015-1 4 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 20122015-1 4 Notes at any time that the Series 20122015-1 4 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 20122016-1 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 20122016-1 Note will not be), is not acting on behalf of (and for so long as it holds such Series 20122016-1 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 20122016-1 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 20122016-1 Notes at any time that the Series 20122016-1 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 20122013-1 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 20122013-1 Note will not be), is not acting on behalf of (and for so long as it holds such Series 20122013-1 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 20122013-1 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 20122013-1 Notes at any time that the Series 20122013-1 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 20122014-1 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 20122014-1 Note will not be), is not acting on behalf of (and for so long as it holds such Series 20122014-1 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 20122014-1 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 20122014-1 Notes at any time that the Series 20122014-1 Notes do not have a current investment grade rating from a nationally recognized statistical rating organization.