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 2009-1 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 2009-1 Note will not be), is not acting on behalf of (and for so long as it holds such Series 2009-1 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 2009-1 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 2009-1 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 2009-1 3 Note will not be), is not acting on behalf of (and for so long as it holds such Series 2009-1 Note) 3 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 2009-1 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.

Representations, Warranties and Covenants with respect to ERISA. By acquiring a Series 20092010-1 2 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 20092010-1 2 Note will not be), is not acting on behalf of (and for so long as it holds such Series 20092010-1 Note) 2 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 20092010-1 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.

Representations, Warranties and Covenants with respect to ERISA. By acquiring a Series 20092011-1 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 20092011-1 Note will not be), is not acting on behalf of (and for so long as it holds such Series 20092011-1 Note) 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 20092011-1 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 2009-1 4 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 2009-1 4 Note will not be), is not acting on behalf of (and for so long as it holds such Series 2009-1 Note) 4 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 2009-1 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.

Representations, Warranties and Covenants with respect to ERISA. By acquiring a Series 20092011-1 2 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 20092011-1 2 Note will not be), is not acting on behalf of (and for so long as it holds such Series 20092011-1 Note) 2 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 20092011-1 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.

Representations, Warranties and Covenants with respect to ERISA. By acquiring a Series 20092010-1 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 20092010-1 3 Note will not be), is not acting on behalf of (and for so long as it holds such Series 20092010-1 Note) 3 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 20092010-1 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.

Representations, Warranties and Covenants with respect to ERISA. By acquiring a Series 20092010-1 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 20092010-1 Note will not be), is not acting on behalf of (and for so long as it holds such Series 20092010-1 Note) 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 20092010-1 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 2009-1 2 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 2009-1 2 Note will not be), is not acting on behalf of (and for so long as it holds such Series 2009-1 2 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 2009-1 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.

Representations, Warranties and Covenants with respect to ERISA. By acquiring a Series 20092007-1 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 20092007-1 3 Note will not be), is not acting on behalf of (and for so long as it holds such Series 20092007-1 3 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 20092007-1 3 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 Lawsubstantially similar applicable law.

Representations, Warranties and Covenants with respect to ERISA. By acquiring a Series 20092007-1 4 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 20092007-1 4 Note will not be), is not acting on behalf of (and for so long as it holds such Series 20092007-1 4 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 20092007-1 4 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 Lawsubstantially similar applicable law.

Representations, Warranties and Covenants with respect to ERISA. By acquiring a Series 20092007-1 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 20092007-1 Note will not be), is not acting on behalf of (and for so long as it holds such Series 20092007-1 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 20092007-1 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 Lawsubstantially similar applicable law.

Representations, Warranties and Covenants with respect to ERISA. By acquiring a Series 20092007-1 2 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 20092007-1 2 Note will not be), is not acting on behalf of (and for so long as it holds such Series 20092007-1 2 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 20092007-1 2 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 Lawsubstantially similar applicable law.