Common use of Use of Employee Plan Assets Clause in Contracts

Use of Employee Plan Assets. (a) If assets of an employee benefit plan subject to any provision of ERISA are intended to be used by Seller in a Transaction, Seller shall so notify Administrative Agent before the Transaction. Seller shall represent in writing to Administrative Agent that the Transaction does not constitute a prohibited transaction under ERISA or is otherwise exempt therefrom, and Administrative Agent may proceed in reliance thereon but shall not be required so to proceed. (b) Subject to the last sentence of Section 27(a), any such Transaction shall proceed only if Seller furnishes or has furnished to Buyers and Administrative Agent its most recent available audited statement of its financial condition and its most recent subsequent unaudited statement of its financial condition. (c) By entering into a Transaction pursuant to this Section 27, Seller shall be deemed (i) to represent to Buyers and Administrative Agent that since the date of Seller’s latest such financial statements, there has been no material adverse change in Seller’s financial condition that Seller has not disclosed to Administrative Agent, and (ii) to agree to provide Buyers and Administrative Agent with future audited and unaudited statements of its financial condition as they are issued, so long as any such Transaction is outstanding.

Use of Employee Plan Assets. (a) If assets of an employee benefit plan subject to any provision of ERISA are intended to be used by Seller in a Transaction, Seller shall so notify Administrative Agent Buyer before the Transaction. Seller shall represent in writing to Administrative Agent Buyer that the Transaction does not constitute a prohibited transaction under ERISA or is otherwise exempt therefrom, and Administrative Agent Buyer may proceed in reliance thereon but shall not be required so to proceed. (b) Subject to the last sentence of Section 27(a25(a), any such Transaction shall proceed only if Seller furnishes or has furnished to Buyers and Administrative Agent Buyer its most recent available audited statement of its financial condition and its most recent subsequent unaudited statement of its financial condition. (c) By entering into a Transaction pursuant to this Section 2725, Seller shall be deemed (i) to represent to Buyers and Administrative Agent Buyer that since the date of Seller’s latest such financial statements, there has been no material adverse change in Seller’s financial condition that Seller has not disclosed to Administrative AgentBuyer, and (ii) to agree to provide Buyers and Administrative Agent Buyer with future audited and unaudited statements of its financial condition as they are issued, so long as any such Transaction is outstanding.

Use of Employee Plan Assets. (a) If assets of an employee benefit plan subject to any provision of ERISA the Employee Retirement Income Security Act of 1974 (“ERISA”) are intended to be used by Seller in a Transaction, Seller shall so notify Administrative Agent before Buyer prior to the Transaction. Seller shall represent in writing to Administrative Agent Buyer that the Transaction does not constitute a prohibited transaction under ERISA or is otherwise exempt therefrom, and Administrative Agent Buyer may proceed in reliance thereon but shall not be required so to proceed. (b) Subject to the last sentence of Section 27(a)Paragraph (a) of this Paragraph, any such Transaction shall proceed only if Seller furnishes or has furnished to Buyers and Administrative Agent Buyer its most recent available audited statement of its financial condition and its most recent subsequent unaudited statement of its financial condition. (c) By entering into a Transaction pursuant to this Section 27Paragraph, Seller shall be deemed (i) to represent to Buyers and Administrative Agent Buyer that since the date of Seller’s latest such financial statements, there has been no material adverse change in Seller’s financial condition that which Seller has not disclosed to Administrative AgentBuyer, and (ii) to agree to provide Buyers and Administrative Agent Buyer with future audited and unaudited statements of its financial condition as they are issued, so long as any such Transaction is outstanding.

Use of Employee Plan Assets. (a) If assets of an employee benefit plan subject to any provision of ERISA are intended to be used by Seller in a Transaction (each, an “ERISA Transaction”), Seller shall so notify Administrative Agent Buyer before the such ERISA Transaction. Seller shall represent in writing to Administrative Agent Buyer that the ERISA Transaction does not constitute a prohibited transaction under ERISA or is otherwise exempt therefrom, and Administrative Agent Buyer may proceed in reliance thereon but shall not be required so to proceed. (b) Subject to the last sentence of Section 27(a25(a), any such ERISA Transaction shall proceed only if Seller furnishes or has furnished to Buyers and Administrative Agent Buyer its most recent available audited statement of its financial condition and its most recent subsequent unaudited statement of its financial condition. (c) By entering into a an ERISA Transaction pursuant to this Section 2725, Seller shall be deemed (i) to represent to Buyers and Administrative Agent Buyer that since the date of Seller’s latest such financial statements, there has been no material adverse change in Seller’s financial condition that Seller has not disclosed to Administrative AgentBuyer, and (ii) to agree to provide Buyers and Administrative Agent Buyer with future audited and unaudited statements of its financial condition as they are issued, so long as any such ERISA Transaction is outstanding.

Use of Employee Plan Assets. (a) If assets of an employee benefit plan subject to any provision of ERISA are intended to be used by Seller in a Transaction, Seller shall so notify Administrative Agent Buyer before the Transaction. Seller shall represent in writing to Administrative Agent Buyer that the Transaction does not constitute a prohibited transaction under ERISA or is otherwise exempt therefrom, and Administrative Agent Buyer may proceed in reliance thereon but shall not be required so to proceed. (b) Subject to the last sentence of Section 27(a26(a), any such Transaction shall proceed only if Seller furnishes or has furnished to Buyers and Administrative Agent Buyer its most recent available audited statement of its financial condition and its most recent subsequent unaudited statement of its financial condition. (c) By entering into a Transaction pursuant to this Section 2726, Seller shall be deemed (i) to represent to Buyers and Administrative Agent Buyer that since the date of Seller’s latest such financial statements, there has been no material adverse change in Seller’s financial condition that Seller has not disclosed to Administrative AgentBuyer, and (ii) to agree to provide Buyers and Administrative Agent Buyer with future audited and unaudited statements of its financial condition as they are issued, so long as any such Transaction is outstanding.

Use of Employee Plan Assets. (a) If assets of an employee benefit plan subject to any provision of ERISA are intended to be used by a Seller in a Transaction, such Seller shall so notify Administrative Agent Buyer before the Transaction. Such Seller shall represent in writing to Administrative Agent Buyer that the Transaction does not constitute a prohibited transaction under ERISA or is otherwise exempt therefrom, and Administrative Agent Buyer may proceed in reliance thereon but shall not be required so to proceed. (b) Subject to the last sentence of Section 27(a25(a), any such Transaction shall proceed only if such Seller furnishes or has furnished to Buyers and Administrative Agent Buyer its most recent available audited statement of its financial condition and its most recent subsequent unaudited statement of its financial condition. (c) By entering into a Transaction pursuant to this Section 2725, each Seller shall be deemed (i) to represent to Buyers and Administrative Agent Buyer that since the date of Seller’s its latest such financial statements, there has been no material adverse change in such Seller’s financial condition that such Seller has not disclosed to Administrative AgentBuyer, and (ii) to agree to provide Buyers and Administrative Agent Buyer with future audited and unaudited statements of its financial condition as they are issued, so long as any such Transaction is outstanding.

Use of Employee Plan Assets. (a) If assets of an employee benefit plan subject to any provision of ERISA the Employee Retirement Income Security Act of 1974 (“ERISA”) are intended to be used by Seller in a Transaction, Seller shall so notify Administrative Agent before Buyer prior to the Transaction. Seller shall represent in writing to Administrative Agent Buyer that the Transaction does not constitute a prohibited transaction under ERISA or is otherwise exempt therefrom, and Administrative Agent Buyer may proceed in reliance thereon but shall not be required so to proceed. (b) Subject to the last sentence of Section 27(a)Paragraph (a) of this Paragraph, any such Transaction shall proceed only if Seller furnishes or has furnished to Buyers and Administrative Agent Buyer its most recent available audited statement of its financial condition and its most recent subsequent unaudited statement of its financial condition. (c) By entering into a Transaction pursuant to this Section 27Paragraph, Seller shall be deemed (i) to represent to Buyers and Administrative Agent Buyer that since the date of Seller’s latest such financial statements, there has been no material adverse change in Seller’s financial condition that which Seller has not disclosed to Administrative AgentBuyer, and (ii) to agree to provide Buyers and Administrative Agent Buyer with future audited and unaudited statements of its financial condition as they are issued, so long as any such Transaction is outstanding.