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, each Holder covenants that it will not transfer its Certificate to any Person unless such Person represents and warrants in writing to such Holder, the Owner Participant and Lessee either that (a) no part of the funds used by it to acquire its Certificate 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 Certificate 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 and warranties in the preceding sentence." (iv) Section 8(dd) is hereby amended to be and read in its entirety as follows:

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, each Holder covenants that it will not transfer its Certificate to any Person unless such Person represents and warrants in writing to such Holder, the Owner Participant and Lessee either that (a) no part of the funds used by it to acquire its Certificate 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 Certificate 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 and warranties in the preceding sentence." (iv) Section 8(dd) is hereby amended to be and read in its entirety as follows:by substituting the amount $3,033,333" for the amount "$2,600,000" therein.

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, each Holder covenants that it will not transfer its Certificate to any Person unless such Person represents and warrants in writing to such Holder, the Owner Participant and Lessee either that (a) no part of the funds used by it to acquire its Certificate 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 Certificate 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 and warranties in the preceding sentence." (ivv) Section 8(dd) is hereby amended to be and read in its entirety as follows: