Common use of Transfers of Debt Interests Clause in Contracts

Transfers of Debt Interests. Except in connection with any transfer pursuant to Section 17 or 18 hereof, or Section 8.03(e)(ii) of the Indenture, the Original Loan Participant PARTICIPATION AGREEMENT [N602SW] -39- 45 covenants that it will not (i) transfer or (ii) grant participations in, its Certificate to any Person unless such Person represents, warrants and covenants in writing to the Original Loan Participant and, in the case of a transfer, to the Owner Participant and Lessee, (A) to the effect set forth in Section 8(x) hereof and (B) further represents and warrants to the Original Loan Participant and, in the case of a transfer, to the Owner Participant and Lessee either that (a) no part of the funds used by it to acquire its Series SWA 1995 Trust N602SW-I Certificate or participation constitutes "plan assets" of any "employee benefit plan" within the meaning of ERISA or any "plan" within the meaning of Section 4975(e)(1) of the Code, or (b) its purchase or acquisition of such Series SWA 1995 Trust N602SW-I Certificate or participation will not result in a nonexempt prohibited transaction under Section 4975 of the Code or Section 406 of ERISA. Any such Person shall require any transferee of its interest to make the representations, warranties and covenants in the preceding sentence.

Transfers of Debt Interests. Except in connection with any transfer pursuant to Section 17 or 18 hereof, or Section 8.03(e)(ii) of the Indenture, the Original Loan Participant PARTICIPATION AGREEMENT [N602SW] -39- 45 covenants that it will not (i) transfer or (ii) grant participations in, its Certificate to any Person unless such Person represents, warrants and covenants in writing to the Original Loan Participant and, in the case of a transfer, to the Owner Participant and Lessee, (A) to the effect set forth in Section 8(x) hereof and (B) further represents and warrants to the Original Loan Participant and, in the case of a transfer, to the Owner Participant and Lessee either that (a) no part of the funds used by it to acquire its Series SWA 1995 Trust N602SWN603SW-I Certificate or participation constitutes "plan assets" of any "employee benefit plan" within the meaning of ERISA or any "plan" within the meaning of Section 4975(e)(1) of the Code, or (b) its purchase or acquisition of such Series SWA 1995 Trust N602SWN603SW-I Certificate or participation will not result in a nonexempt prohibited transaction under Section 4975 of the Code or Section 406 of ERISA. Any such Person shall require any transferee of its interest to make the representations, warranties and covenants in the preceding sentence.

Transfers of Debt Interests. Except in connection with any transfer pursuant to Section 17 or 18 hereof, or Section 8.03(e)(ii) of the Indenture, the Original Loan Participant PARTICIPATION AGREEMENT [N602SW] -39- 45 covenants that it will not (i) transfer or (ii) grant participations in, its Certificate to any Person unless such Person represents, warrants and covenants in writing to the Original Loan Participant and, in the case of a transfer, to the Owner Participant and Lessee, (A) to the effect set forth in Section 8(x) hereof and (B) further represents and warrants to the Original Loan Participant and, in the case of a transfer, to the Owner Participant and Lessee either that (a) no part of the funds used by it to acquire its Series SWA 1995 Trust N602SWN397SW-I Certificate or participation constitutes "plan assets" of any "employee benefit plan" within the meaning of ERISA or any "plan" within the meaning of Section 4975(e)(1) of the Code, or (b) its purchase or acquisition of such Series SWA 1995 Trust N602SWN397SW-I Certificate or participation will not result in a nonexempt prohibited transaction under Section 4975 of the Code or Section 406 of ERISA. Any such Person shall require any transferee of its interest to make the representations, warranties and covenants in the preceding sentence.

Transfers of Debt Interests. Except in connection with any transfer pursuant to Section 17 or 18 hereof, or Section 8.03(e)(ii) of the Indenture, the Original Loan Participant PARTICIPATION AGREEMENT [N602SW] -39- 45 covenants that it will not (i) transfer or (ii) grant participations in, its Certificate to any Person unless such Person represents, warrants and covenants in writing to the Original Loan Participant and, in the case of a transfer, to the Owner Participant and Lessee, (A) to the effect set forth in Section 8(x) hereof and (B) further represents and warrants to the Original Loan Participant and, in the case of a transfer, to the Owner Participant and Lessee either that (a) no part of the funds used by it to acquire its Series SWA 1995 Trust N602SWN604SW-I Certificate or participation constitutes "plan assets" of any "employee benefit plan" within the meaning of ERISA or any "plan" within the meaning of Section 4975(e)(1) of the Code, or (b) its purchase or acquisition of such Series SWA 1995 Trust N602SWN604SW-I Certificate or participation will not result in a nonexempt prohibited transaction under Section 4975 of the Code or Section 406 of ERISA. Any such Person shall require any transferee of its interest to make the representations, warranties and covenants in the preceding sentence.

Transfers of Debt Interests. Except in connection with any transfer pursuant to Section 17 or 18 hereof, or Section 8.03(e)(ii) of the Indenture, the Original Loan Participant PARTICIPATION AGREEMENT [N602SW] -39- 45 covenants that it will not (i) transfer or (ii) grant participations in, its Certificate to any Person unless such Person represents, warrants and covenants in writing to the Original Loan Participant and, in the case of a transfer, to the Owner Participant and Lessee, (A) to the effect set forth in Section 8(x) hereof and (B) further represents and warrants to the Original Loan Participant and, in the case of a transfer, to the Owner Participant and Lessee either that (a) no part of the funds used by it to acquire its Series SWA 1995 Trust N602SWN605SW-I Certificate or participation constitutes "plan assets" of any "employee benefit plan" within the meaning of ERISA or any "plan" within the meaning of Section 4975(e)(1) of the Code, or (b) its purchase or acquisition of such Series SWA 1995 Trust N602SWN605SW-I Certificate or participation will not result in a nonexempt prohibited transaction under Section 4975 of the Code or Section 406 of ERISA. Any such Person shall require any transferee of its interest to make the representations, warranties and covenants in the preceding sentence.

Transfers of Debt Interests. Except in connection with any transfer pursuant to Section 17 or 18 hereof, or Section 8.03(e)(ii) of the Indenture, the Original Loan Participant PARTICIPATION AGREEMENT [N602SW] -39- 45 covenants that it will not (i) transfer or (ii) grant participations in, its Certificate to any Person unless such Person represents, warrants and covenants in writing to the Original Loan Participant and, in the case of a transfer, to the Owner Participant and Lessee, (A) to the effect set forth in Section 8(x) hereof and (B) further represents and warrants to the Original Loan Participant and, in the case of a transfer, to the Owner Participant and Lessee either that (a) no part of the funds used by it to acquire its Series SWA 1995 1996 Trust N602SWN620SW-I Certificate or participation constitutes "plan assets" of any "employee benefit plan" within the meaning of ERISA or any "plan" within the meaning of Section 4975(e)(1) of the Code, or (b) its purchase or acquisition of such Series SWA 1995 1996 Trust N602SWN620SW-I Certificate or participation will not result in a nonexempt prohibited transaction under Section 4975 of the Code or Section 406 of ERISA. Any such Person shall require any transferee of its interest to make the representations, warranties and covenants in the preceding sentence.

Transfers of Debt Interests. Except in connection with any transfer pursuant to Section 17 or 18 hereof, or Section 8.03(e)(ii) of the Indenture, the Original Loan Participant PARTICIPATION AGREEMENT [N602SW] -39- 45 covenants that it will not (i) transfer or (ii) grant participations in, its Certificate to any Person unless such Person represents, warrants and covenants in writing to the Original Loan Participant and, in the case of a transfer, to the Owner Participant and Lessee, (A) to the effect set forth in Section 8(x) hereof and (B) further represents and warrants to the Original Loan Participant and, in the case of a transfer, to the Owner Participant and Lessee either that (a) no part of the funds used by it to acquire its Series SWA 1995 Trust N602SWN396SW-I Certificate or participation constitutes "plan assets" of any "employee benefit plan" within the meaning of ERISA or any "plan" within the meaning of Section 4975(e)(1) of the Code, or (b) its purchase or acquisition of such Series SWA 1995 Trust N602SWN396SW-I Certificate or participation will not result in a nonexempt prohibited transaction under Section 4975 of the Code or Section 406 of ERISA. Any such Person shall require any transferee of its interest to make the representations, warranties and covenants in the preceding sentence.