Common use of Source of Funds -- ERISA Clause in Contracts

Source of Funds -- ERISA. Each of the Banks hereby severally (and not jointly) represents to the Borrower that no part of the funds to be used by such Bank to fund the Loans hereunder from time to time constitutes (i) assets allocated to any separate account maintained by such Bank in which any employee benefit plan (or its related trust) has any interest nor (ii) any other assets of any employee benefit plan. As used in this Section, the terms "employee benefit plan" and "separate account" shall have the respective meanings assigned to such terms in Section 3 of ERISA.

Source of Funds -- ERISA. Each of the Banks hereby severally (and not jointly) represents to the Borrower Borrowers that no part of the funds to be used by such Bank to fund the Loans hereunder from time to time constitutes (i) assets allocated to any separate account maintained by such Bank in which any employee benefit plan (or its related trust) has any interest nor (ii) any other assets of any employee benefit plan. As used in this Section, the terms "employee benefit plan" and "separate account" shall have the respective meanings assigned to such terms in Section 3 of ERISA.

Source of Funds -- ERISA. Each of the Banks Lenders hereby severally (and not jointly) represents to the Borrower that no part of the funds to be used by such Bank Lender to fund the Loans hereunder from time to time constitutes (i) assets allocated to any separate account maintained by such Bank Lender in which any employee benefit plan (or its related trust) has any interest nor (ii) any other assets of any employee benefit plan. As used in this Section, the terms "employee benefit plan" and "separate account" shall have the respective meanings assigned to such terms in Section 3 of ERISA.

Source of Funds -- ERISA. Each of the Banks hereby severally (and not jointly) represents to the Borrower that no part of the funds to be used by such Bank to fund the Syndicated Loans and Money Market Loans hereunder from time to time constitutes (i) assets allocated to any separate account maintained by such Bank in which any employee benefit plan (or its related trust) has any interest nor (ii) any other assets of any employee benefit plan. As used in this Section, the terms "employee benefit plan" and "separate account" shall have the respective meanings assigned to such terms in Section 3 of ERISA.

Source of Funds -- ERISA. Each of the Banks Lenders hereby severally (and not jointly) represents to the Borrower that no part of the funds to be used by such Bank Lender to fund the Loans hereunder from time to time constitutes (i) assets allocated to any separate account maintained by such Bank Lender in which any employee benefit plan (or its related trust) has any interest nor (ii) any other assets of any employee benefit plan. As used in this SectionSECTION, the terms "employee benefit plan" and "separate account" shall have the respective meanings assigned to such terms in Section SECTION 3 of ERISA.

Source of Funds -- ERISA. Each of the Banks hereby ------------------------ severally (and not jointly) represents to the Borrower that no part of the funds to be used by such Bank to fund the Loans hereunder from time to time constitutes (i) assets allocated to any separate account maintained by such Bank in which any employee benefit plan (or its related trust) has any interest nor (ii) any other assets of any employee benefit plan. As used in this Section, the terms "employee benefit plan" and "separate account" shall have the respective meanings assigned to such terms in Section 3 of ERISA.

Source of Funds -- ERISA. Each of the Banks Lenders hereby severally (and not jointly) represents to the Borrower Borrowers that no part of the funds to be used by such Bank Lender to fund the Loans hereunder from time to time constitutes (i) assets allocated to any separate account maintained by such Bank Lender in which any employee benefit plan (or its related trust) has any interest nor (ii) any other assets of any employee benefit plan. As used in this SectionSECTION, the terms "employee benefit plan" and "separate account" shall have the respective meanings assigned to such terms in Section SECTION 3 of ERISA.

Source of Funds -- ERISA. Each of the Banks Lenders hereby severally (and not jointly) represents to the Borrower Borrowers that no part of the funds to be used by such Bank Lender to fund the Loans hereunder from time to time constitutes (ia) assets allocated to any separate account maintained by such Bank Lender in which any employee benefit plan (or its related trust) has any interest nor (iib) any other assets of any employee benefit plan. As used in this Section, the terms "employee benefit plan" and "separate account" shall have the respective meanings assigned to such terms in Section 3 of ERISA.

Source of Funds -- ERISA. Each of the Banks Lenders hereby severally (and not jointly) represents to the each Borrower that no part of the funds to be used by such Bank Lender to fund the Loans hereunder from time to time constitutes (ia) assets allocated to any separate account maintained by such Bank Lender in which any employee benefit plan (or its related trust) has any interest nor (iib) any other assets of any employee benefit plan. As used in this SectionSECTION, the terms "employee benefit plan" and "separate account" shall have the respective meanings assigned to such terms in Section SECTION 3 of ERISA.

Source of Funds -- ERISA. Each of the Banks Lenders hereby severally (and not jointly) represents to the Borrower Borrowers that no part of the funds to be used by such Bank Lender to fund the Loans hereunder from time to time constitutes (ia) assets allocated to any separate account maintained by such Bank Lender in which any employee benefit plan (or its related trust) has any interest nor (iib) any other assets of any employee benefit plan. As used in this SectionSECTION 10.18, the terms "employee benefit plan" and "separate account" shall have the respective meanings assigned to such terms in Section 3 of ERISA.

Source of Funds -- ERISA. Each of the Banks hereby ------------------------ severally (and not jointly) represents to the Borrower that no part of the funds to be used by such Bank to fund the Loans hereunder from time to time constitutes (i) assets allocated to any separate account maintained by such Bank in which any employee benefit plan (or its related trust) has any interest nor (ii) to the best of its knowledge, any other assets of any employee benefit plan. As used in this Section, the terms "employee benefit plan" and "separate account" shall have the respective meanings assigned to such terms in Section 3 of ERISA.

Source of Funds -- ERISA. Each of the Banks hereby severally (and not jointly) represents to the Borrower Borrowers that no part of the funds to be used by such Bank to fund the Loans hereunder from time to time constitutes (i) assets allocated to any separate account maintained by such Bank in which any employee benefit plan (or its related trust) has any interest nor (ii) any other assets of any employee benefit plan. As used in this Section, the terms "employee benefit plan" and "separate account" shall have the respective meanings assigned to such terms in Section 3 of ERISA.. AT: 1030545v10

Source of Funds -- ERISA. Each of the Banks hereby severally (and not jointly) represents to the Borrower that no part of the funds to be used by such Bank to fund the Loans hereunder from time to time constitutes (i) assets allocated to any separate account maintained by such Bank in which any employee benefit plan (or its related trust) has any interest nor (ii) any other assets of any employee benefit plan. As used in this Section, the terms "employee benefit plan" and "separate account" shall have the respective meanings assigned to such terms in Section 3 [See continuation of ERISA.document on following page]

Source of Funds -- ERISA. Each of the Banks hereby ------------------------ severally (and not jointly) represents to the Borrower Borrowers that no part of the funds to be used by such Bank to fund the Loans hereunder from time to time constitutes (i) assets allocated to any separate account maintained by such Bank in which any employee benefit plan (or its related trust) has any interest nor (ii) any other assets of any employee benefit plan. As used in this Section, the terms "employee benefit plan" and "separate account" shall have the respective meanings assigned to such terms in Section 3 of ERISA.

Source of Funds -- ERISA. Each of the Banks Lenders hereby severally (and not jointly) represents to the Borrower that no part of the funds to be used by such Bank Lender to fund the Loans hereunder from time to time constitutes (ia) assets allocated to any separate account maintained by such Bank Lender in which any employee benefit plan (or its related trust) has any interest nor (iib) any other assets of any employee benefit plan. As used in this SectionSECTION, the terms "employee benefit plan" and "separate account" shall have the respective meanings assigned to such terms in Section SECTION 3 of ERISA.