Common use of Special ERISA Related Covenants Clause in Contracts

Special ERISA Related Covenants. The covenants set forth in this SECTION 7.1.10, shall only apply to the extent Borrower is at any time and from time to time subject to the provisions of ERISA. 7.1.10.1. Borrower shall at all times be a "real estate operating company" within the meaning of such term contained in 29 CFR ss. 2510.3-101(d) or an entity whose underlying assets are not deemed to be assets of a Pension Plan as defined in Section 3(3)

Appears in 1 contract

Samples: Credit Agreement (Summit Properties Partnership L P)

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Special ERISA Related Covenants. The covenants set forth in this SECTION 7.1.10, 7.1.10 shall only apply to the -------------- extent Borrower is at any time and from time to time subject to the provisions of ERISA. 7.1.10.1. Borrower shall at all times be a "real estate operating company" within the meaning of such term contained in 29 CFR ss. (S) 2510.3-101(d) or an entity whose underlying assets are not deemed to be assets of a Pension Plan as defined in Section 3(3)

Appears in 1 contract

Samples: Credit Agreement (United Dominion Realty Trust Inc)

Special ERISA Related Covenants. The covenants set forth in this SECTION Section 7.1.10, shall only apply to the extent Borrower is at any time and from time to time subject to the provisions of ERISA. 7.1.10.1. Borrower shall at all times be a "real estate operating company" within the meaning of such term contained in 29 CFR ss. § 2510.3-101(d) or an entity whose underlying assets are not deemed to be assets of a Pension Plan as defined in Section 3(3)

Appears in 1 contract

Samples: Credit Agreement (Behringer Harvard Multifamily Reit I Inc)

Special ERISA Related Covenants. The covenants set forth in this SECTION Section 7.1.10, shall only apply to the extent Borrower is at any time and from time to time subject to the provisions of ERISA. 7.1.10.1. Borrower shall at all times be a "real estate operating company" within the meaning of such term contained in 29 CFR ss. § 2510.3-101(d) or an entity whose underlying assets are not deemed to be assets of a Pension Plan as defined in Section 3(3)

Appears in 1 contract

Samples: Credit Agreement (Essex Property Trust Inc)

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Special ERISA Related Covenants. The covenants set forth in this SECTION Section 7.1.10, shall only apply to the extent Borrower is at any time and from time to time subject to the provisions of ERISA. 7.1.10.1. Borrower shall at all times be a "real estate operating company" within the meaning of such term contained in 29 CFR ss. Section 2510.3-101(d) or an entity whose underlying assets are not deemed to be assets of a Pension Plan as defined in Section 3(3)

Appears in 1 contract

Samples: Credit Agreement (Mid America Apartment Communities Inc)

Special ERISA Related Covenants. The covenants set forth in this SECTION 7.1.10Section 7.1.3, shall only apply to the extent Borrower is at any time and from time to time subject to the provisions of ERISA. 7.1.10.17.1.3.1. Borrower shall at all times be a "real estate operating company" within the meaning of such term contained in 29 CFR ss. § 2510.3-101(d) or an entity whose underlying assets are not deemed to be assets of a Pension Plan as defined in Section 3(3)

Appears in 1 contract

Samples: Credit Agreement (Steadfast Apartment REIT, Inc.)

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