Use of Employee Plan Assets. (a) If assets of an employee benefit plan subject to any provision of the Employee Retirement Income Security Act of 1974 (“ERISA”) are intended to be used by either party hereto (the “Plan Party”) in a Transaction, the Plan Party shall so notify the other party prior to the Transaction. The Plan Party shall represent in writing to the other party that the Transaction does not constitute a prohibited transaction under ERISA or is otherwise exempt therefrom, and the other party may proceed in reliance thereon but shall not be required so to proceed.
Appears in 9 contracts
Samples: Master Repurchase Agreement (Vistra Corp.), Master Repurchase Agreement, Master Repurchase Agreement (Dupont E I De Nemours & Co)
Use of Employee Plan Assets. (a) If assets of an employee benefit plan subject to any provision of the Employee Retirement Income Security Act of 1974 (“"ERISA”") are intended to be used by either party hereto (the “"Plan Party”") in a Transaction, the Plan Party shall so notify the other party prior to the Transaction. The Plan Party shall represent in writing to the other party that the Transaction does not constitute a prohibited transaction under ERISA or is otherwise exempt therefrom, and the other party may proceed in reliance thereon but shall not be required so to proceed.
Appears in 9 contracts
Samples: Master Repurchase Agreement (Prime Hospitality Corp), Master Repurchase Agreement (LNR Property Corp), Master Repurchase Agreement (Bingham Financial Services Corp)
Use of Employee Plan Assets. (a) If assets of an employee benefit plan subject to any provision of the Employee Retirement Income Security Act of 1974 (“ERISA”) are intended to be used by either party hereto (the “Plan Party”) in a Transaction, the Plan Party shall so notify the other party prior to the Transaction. The Plan Party shall represent in writing to the other party that the Transaction does not constitute a prohibited transaction under ERISA or is otherwise exempt therefrom, and the other party may proceed in reliance thereon but shall not be required so to proceed.
Appears in 5 contracts
Samples: Master Securities Forward Transaction Agreement, Master Repurchase Agreement (Northstar Realty), Master Repurchase Agreement (Northstar Realty)
Use of Employee Plan Assets. (a) If assets of an employee benefit plan subject to any provision Title I of ERISA or Section 4975 of the Employee Retirement Income Security Act of 1974 (“ERISA”) Code are intended to be used by either party hereto (the “Plan Party”) in a the Transaction, the Plan Party shall so notify the other party prior to the Transaction. The Plan Party shall represent in writing to the other party that the Transaction does not constitute a prohibited transaction under ERISA or Section 4975 of the Code or is otherwise exempt therefrom, and the other party may proceed in reliance thereon but shall not be required so to proceed.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Blackstone Mortgage Trust, Inc.), Master Repurchase Agreement (Ares Commercial Real Estate Corp)
Use of Employee Plan Assets. (a) If assets of an employee benefit plan subject to any provision of the Employee Retirement Income Security Act of 1974 (“"ERISA”) are intended to be used by either party hereto (the “"Plan Party”") in a Transaction, the Plan Party shall so notify the other party prior to the Transaction. The Plan Party shall represent in writing to the other party that the Transaction does not constitute a prohibited transaction under ERISA or is otherwise exempt therefrom, and the other party may proceed in reliance thereon but shall not be required so to proceed.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Capital Trust Inc), Master Repurchase Agreement (Capital Trust Inc)
Use of Employee Plan Assets. (a) If assets of an employee benefit plan subject to any provision of the Employee Retirement Income Security Act of 1974 (“"ERISA”") are intended to be used by either party hereto (the “"Plan Party”") in a Transaction, the Plan Party shall so notify the other party prior to the Transaction. The Plan Party shall represent in writing to the other party that the Transaction does not constitute a prohibited transaction under ERISA or is otherwise exempt therefrom, and the other party may proceed in reliance thereon but shall not be required so to proceed.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Metropolitan Mortgage & Securities Co Inc), Master Repurchase Agreement (Cfi Mortgage Inc)
Use of Employee Plan Assets. (a) If assets of an employee benefit plan subject to any provision of the Employee Retirement Income Security Act of 1974 (“"ERISA”") are intended to be used by either party hereto (the “"Plan Party”") in a Transaction, the Plan Party shall so notify the other party prior to the Transaction. The Plan Party shall represent in writing to the other party that the Transaction does not constitute a prohibited transaction under ERISA or is otherwise exempt therefrom, and the other party may proceed in reliance thereon but shall not be required so to proceed.notify
Appears in 1 contract
Samples: Master Financing Agreement (Cityscape Financial Corp)
Use of Employee Plan Assets. (a) If assets of an employee benefit plan subject to any provision of the Employee Retirement Income Security Act of 1974 (“"ERISA”") are intended to be used by either party hereto (the “"Plan Party”") in a Transaction, the Plan Party shall so notify the other party prior to the Transaction. The Plan Party shall represent in writing to the other party that the Transaction does not constitute a prohibited transaction under ERISA or is otherwise exempt therefrom, and the other party may proceed in In reliance thereon but shall not be required so to proceed.
Appears in 1 contract
Use of Employee Plan Assets. (a) If assets of an employee benefit plan subject to any provision of the Employee Retirement Income Security Act of 1974 (“ERISA”) are intended to be used by either party hereto (the “Plan Party”) in a Transaction, the Plan Party shall so notify the other party prior to the Transaction. The Plan Party shall represent make the appropriate ERISA representations in writing reasonably acceptable to the other party so that the Transaction does not constitute a prohibited transaction under ERISA or is otherwise exempt therefrom, and the other party may proceed in reliance thereon (but shall not be required so obligated to proceed) in reliance thereon.
Appears in 1 contract
Use of Employee Plan Assets. (a) If assets of an employee benefit plan subject to any provision of the Employee Retirement Income Security Act of 1974 1974, as amended (“"ERISA”) "), are intended to be used by either party hereto (the “"Plan Party”") in a Transaction, the Plan Party shall so notify the other party prior to the Transaction. The Plan Party shall represent in writing to the other party that the Transaction does not constitute a prohibited transaction under ERISA or is otherwise exempt therefrom, and the other party may proceed in reliance thereon but shall not be required so to proceed.
Appears in 1 contract
Samples: Master Repurchase Agreement (Arbor Realty Trust Inc)
Use of Employee Plan Assets. (a) a. If assets of an employee benefit plan subject to any provision of the Employee Retirement Income Security Act of 1974 (“ERISA”) are intended to be used by either party hereto (the “Plan Party”) in a Transaction, the Plan Party shall so notify the other party prior to the Transaction. The Plan Party shall represent in writing to the other party that the Transaction does not constitute a prohibited transaction under ERISA or is otherwise exempt therefrom, and the other party may proceed in reliance thereon but shall not be required so to proceed.
Appears in 1 contract
Samples: Master Repurchase Agreement (AG Mortgage Investment Trust, Inc.)
Use of Employee Plan Assets. (a) If assets of an employee benefit plan subject to any provision of the Employee Retirement Income Security Act of 1974 (“ERISA”) are intended to be used by either party hereto (the “Plan Party”) as Underlying Securities, Collateral or payment in a Transactionconnection with an Option, the Plan Party shall so notify the other party prior to entering into the TransactionOption. The Plan Party shall represent in writing to the other party that the Transaction Option does not constitute a prohibited transaction under ERISA or is otherwise exempt therefrom, and the other party may proceed in reliance thereon but shall not be required so to proceed.
Appears in 1 contract
Samples: Master Otc Options Agreement
Use of Employee Plan Assets. (a) If assets of an employee benefit plan subject to any provision of the Employee Retirement Income Security Act of 1974 (“"ERISA”'') are intended to be used by either party hereto (the “"Plan Party”") in a Transaction, the Plan Party shall so notify the other party prior to the Transaction. The Plan Party shall represent in writing to the other party that the Transaction does not constitute a prohibited transaction under ERISA or is otherwise exempt therefrom, and the other party may proceed in reliance thereon but shall not be required so to proceed.. 10 • September 1996 • Master Repurchase Agreement
Appears in 1 contract
Samples: Master Repurchase Agreement (AG Mortgage Investment Trust, Inc.)
Use of Employee Plan Assets. (a) If assets of an employee benefit plan subject to any provision of the Employee Retirement Income Security Act of 1974 (“ERISA”) are intended to be used by either party hereto (the “Plan Party”) in a Transaction, the Plan Party shall so notify the other party prior to the Transaction. The Plan Party shall represent in writing to the other party that the Transaction does not constitute a prohibited pro- hibited transaction under ERISA or is otherwise exempt therefrom, and the other party may proceed pro- ceed in reliance thereon but shall not be required so to proceed.
Appears in 1 contract
Use of Employee Plan Assets. (a) If assets of an employee benefit plan subject to any provision of the Employee Retirement Income Income. Security Act of 1974 (“"ERISA”") are intended to be used by either party hereto (the “"Plan Party”") in a Transaction, the Plan Party shall so notify the other party prior prior, to the Transaction. The Plan Party shall represent in writing to the other party that the Transaction does not constitute a prohibited transaction under ERISA or is otherwise exempt therefrom, and the other party may proceed in reliance thereon but shall not be required so to proceed.
Appears in 1 contract
Samples: Master Repurchase Agreement (Geneva Financial Corp)
