The Buyer. (a) is not an employee benefit or other plan subject to the prohibited transaction provisions of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), or Section 4975 of the Internal Revenue Code of 1986, as amended (the "Code") (a "Plan"), or any other person (including an investment manager, a named fiduciary or a trustee of any Plan) acting, directly or indirectly, on behalf of or purchasing any Certificate with "plan assets" of any Plan within the meaning of the Department of Labor ("DOL") regulation at 29 C.F.R. ss. 2510.3-101; or (b) is an insurance company, the source of funds to be used by it to purchase the Certificates is an "insurance company general account" (within the meaning of DOL Prohibited Transaction Class Exemption ("PTCE") 95-60), and the conditions set forth in Sections I and III of PTCE 95-60 have been satisfied.
Appears in 8 contracts
Samples: Pooling and Servicing Agreement (GMACM Mortgage Loan Trust 2005-Aa1), Pooling and Servicing Agreement (Gmacm Mortgage Loan Trust 2005-Af2), Pooling and Servicing Agreement (Gmacm Mortgage Loan Trust 2005-Ar4)
