Benefit Plan Affidavit definition

Benefit Plan Affidavit. An affidavit substantially in the form of Exhibit E hereto.
Sample 1Sample 2Sample 3
Benefit Plan Affidavit. An affidavit in substantially the form attached hereto as Exhibit K. Book-Entry Certificates: Each Class of Certificates other than the Private Certificates and the Residual Certificates.
Sample 1
Benefit Plan Affidavit. An affidavit substantially in the form of Exhibit ------- G hereto. - Benefit Plan Opinion: An Opinion of Counsel to the effect that a proposed transfer of a Certificate will not (a) cause any of the assets of the Trust to be regarded as "plan assets" for purposes of the Plan Asset Regulations, (b) give rise to any fiduciary duty under ERISA on the part of the Depositor, the Trustee or the Trust's Tax Matters Person, if any, or (c) be treated as, or result in, a "prohibited transaction" under section 406 or section 407 of ERISA or under section 4975 of the Code. The cost of obtaining a Benefit Plan Opinion shall not be borne by the Depositor or the Trustee.
Sample 1

Examples of Benefit Plan Affidavit in a sentence

  • No Junior Subordinate Certificate or Residual Certificate shall be transferred unless the prospective transferee provides the Securities Administrator with a properly completed Benefit Plan Affidavit.

  • Further, no transfer of a Class R Certificate shall be made unless and until the prospective transferee provides the Servicer and the Trustee with a properly executed and completed Benefit Plan Affidavit (and a Benefit Plan Opinion, if required pursuant to the Benefit Plan Affidavit), which Affidavit (and Opinion, if required) shall not be obtained at the expense of the Trustee, the Depositor or the Servicer.

  • No Regular Certificate that is subordinated in right to payment to the Certificates of any other Class due to the allocation of Realized Losses (a “Certificated Subordinated Security”) shall be transferred unless the prospective transferee provides the Trustee with a properly completed Benefit Plan Affidavit.

  • Notwithstanding the foregoing, the Residual Transferee Agreement, Benefit Plan Affidavit, Disqualified Organization Affidavit or TAPRI Certificate shall not be required to be provided upon original issuance of a Residual Certificate to Saxon or SMI or any of their Affiliates or to the Master Servicer, the Trustee or any of their Affiliates for the purpose of acting as the Tax Matters Persons.

  • No transfer of all or any portion of any Class of Certificates that (A) are not Book-Entry Certificates and (B) are ERISA Restricted Certificates shall be made unless and until the prospective transferee provides the Trustee and the Servicer with a properly completed and executed Benefit Plan Affidavit, together with a Benefit Plan Opinion if required in order to comply with such Affidavit.

  • No Private Certificate (a “Certificated Subordinated Security”) or Residual Certificate shall be transferred unless the prospective transferee provides the Securities Administrator and Certificate Registrar with a properly completed Benefit Plan Affidavit.

  • No Junior Subordinate Certificate or Residual Certificate shall be transferred unless the prospective transferee provides the Trustee with a properly completed Benefit Plan Affidavit.

  • Each transferee of a Definitive Certificate shall deliver a Benefit Plan Affidavit to the Depositor and the Trustee in the form of Exhibit D.

  • The holder of any Private Certificate or Residual Certificate in book-entry form shall be deemed to make the representations in the Benefit Plan Affidavit.

  • In this case, the User shall first discuss the changes to the execution with the Other Party.


More Definitions of Benefit Plan Affidavit

Benefit Plan Affidavit. An affidavit in substantially the form attached hereto as Exhibit J. BOOK-ENTRY CERTIFICATES: Each Class of Certificates other than the Class C, P, R and RX Certificates.
Sample 1
Benefit Plan Affidavit. An affidavit in substantially the form attached hereto as Exhibit M. Book-Entry Certificates: Each Class of Certificates other than the Class C, P and R Certificates. Business Day: Any day other than (a) a Saturday or a Sunday, or (b) a day on which banking institutions in the State of New York or any city in which the Corporate Trust Office of the Trustee or the principal office of the Servicer is located, are authorized or obligated by law or executive order to be closed. Cap Agreement: The rate cap agreement entered into by and between the Trust and the Cap Provider, dated as of , 200_. Cap Provider: .
Sample 1
Benefit Plan Affidavit. An affidavit in substantially the form attached hereto as Exhibit J. Book-Entry Certificates: Each Class of Certificates other than the Class C, P, R and RX Certificates. Business Day: Any day other than (a) a Saturday or a Sunday or (b) a day on which banking institutions in the states of [ - ] and [ - ] are authorized or obligated by law or executive order to be closed. Cap Agreement: The agreement entered into by and between the Trustee and the Cap Provider, dated as of [ - ], providing for certain payments to be made to the Securities Administrator on behalf of the Issuing Entity. Cap Payment: The aggregate of all payments received by the Securities Administrator from the Cap Provider on a Distribution Date pursuant to the Cap Agreement. Cap Provider: [ - ] Certificate: Any one of the mortgage-backed certificates issued pursuant to this Agreement executed by the Trustee in substantially the forms attached hereto as Exhibit G-1, Exhibit G-2, Exhibit G-3, Exhibit G-4, Exhibit G-5 and Exhibit G-6.
Sample 1

Related to Benefit Plan Affidavit

  • Benefit Plan Opinion With respect to any Certificate presented for registration in the name of any Person, an Opinion of Counsel acceptable to and in form and substance satisfactory to the Trustee and the Company to the effect that the purchase or holding of such Certificate is permissible under applicable law, will not constitute or result in a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code, and will not subject the Trust, the Trustee, the Delaware Trustee, the Master Servicer or the Company to any obligation or liability (including obligations or liabilities under Section 406 of ERISA or Section 4975 of the Code) in addition to those undertaken in this Agreement, which Opinion of Counsel shall not be an expense of the Trust, the Trustee, the Delaware Trustee, the Master Servicer or the Company.

  • Qualified Benefit Plan has the meaning set forth in Section 3.20(c).

  • Benefit Plan Entity shall have the meaning assigned to such term in Section 3.9.

  • Foreign Benefit Plan means any Employee Benefit Plan established, maintained or contributed to outside of the United States of America or which covers any employee working or residing outside of the United States.

  • Benefit Plan Investor means an “employee benefit plan” as defined in Section 3(3) of ERISA that is subject to Title I of ERISA, a “plan” as defined in and subject to Section 4975 of the Code or an entity whose underlying assets include plan assets of any of the foregoing.

  • Benefit Plan means any of (a) an “employee benefit plan” (as defined in ERISA) that is subject to Title I of ERISA, (b) a “plan” as defined in and subject to Section 4975 of the Code or (c) any Person whose assets include (for purposes of ERISA Section 3(42) or otherwise for purposes of Title I of ERISA or Section 4975 of the Code) the assets of any such “employee benefit plan” or “plan”.

  • Company Benefit Plan has the meaning specified in Section 4.13(a).

  • Employee Welfare Benefit Plan has the meaning set forth in ERISA Sec. 3(1).

  • Canadian Benefit Plan means any plan, fund, program or policy, whether oral or written, formal or informal, funded or unfunded, insured or uninsured, providing employee benefits, including medical, hospital care, dental, sickness, accident, disability, life insurance, pension, retirement or savings benefits, under which any Loan Party has any liability with respect to any of its employees or former employees employed in Canada, and includes any Canadian Pension Plan.

  • Welfare Benefit Plan means each welfare benefit plan maintained or contributed to by the Company, including, but not limited to a plan that provides health (including medical and dental), life, accident or disability benefits or insurance, or similar coverage, in which Executive was participating at the time of the Change in Control.

  • Governmental Plan and "separate account" shall have the respective meanings assigned to such terms in Section 3 of ERISA.

  • Company Plan means all Plans of which the Company or an ERISA Affiliate of the Company is or was a Plan Sponsor, or to which the Company or an ERISA Affiliate of the Company otherwise contributes or has contributed, or in which the Company or an ERISA Affiliate of the Company otherwise participates or has participated. All references to Plans are to Company Plans unless the context requires otherwise.

  • Health benefit plan means a policy, contract, certificate or agreement offered or issued by a health carrier to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services.

  • Company Employee Plan means any plan, program, policy, practice, contract, agreement or other arrangement providing for compensation, severance, termination pay, deferred compensation, performance awards, stock or stock-related awards, fringe benefits or other employee benefits or remuneration of any kind, whether written or unwritten or otherwise, funded or unfunded, including without limitation, each "employee benefit plan," within the meaning of Section 3(3) of ERISA which is or has been maintained, contributed to, or required to be contributed to, by the Company or any Affiliate for the benefit of any Employee, or with respect to which the Company or any Affiliate has or may have any liability or obligation;

  • Parent Benefit Plan means any Employee Benefit Plan maintained by, sponsored by or contributed to by, or obligated to be contributed to by any Parent Group Entity.

  • Company Employee Benefit Plan means each Employee Benefit Plan that is maintained, sponsored or contributed to (or required to be contributed to) by any of the Group Companies or under or with respect to which any of the Group Companies has any Liability.

  • Seller Benefit Plan means each Benefit Plan sponsored, maintained or contributed to by Seller or any of its Subsidiaries or with respect to which Seller or any of its Subsidiaries is a party and in which any Employee is or becomes eligible to participate or derive a benefit.

  • Pension Benefit Plan means at any time any employee pension benefit plan (including a Multiple Employer Plan, but not a Multiemployer Plan) which is covered by Title IV of ERISA or is subject to the minimum funding standards under Section 412 of the Code and either (i) is maintained by any member of the Controlled Group for employees of any member of the Controlled Group; or (ii) has at any time within the preceding five years been maintained by any entity which was at such time a member of the Controlled Group for employees of any entity which was at such time a member of the Controlled Group.

  • Foreign Employee Benefit Plan means any employee benefit plan as defined in Section 3(3) of ERISA which is maintained or contributed to for the benefit of the employees of the Company, any of its Subsidiaries or any members of its Controlled Group and is not covered by ERISA pursuant to ERISA Section 4(b)(4).

  • Plan Affiliate means any other Person with whom the First Person constitutes or has constituted all or part of a controlled group, or which would be treated or have been treated with the First Person as under common control or whose employees would be or have been treated as employed by the First Person, under Section 414 of the Code or Section 4001(b) of ERISA and any regulations, administrative rulings and case law interpreting the foregoing.

  • Company Benefit Plans has the meaning set forth in Section 3.16(a).

  • Employee Pension Benefit Plan has the meaning set forth in ERISA Section 3(2).

  • Parent Employee Plan means any plan, program, policy, practice, contract, agreement or other arrangement providing for compensation, severance, termination pay, performance awards, stock or stock-related awards, fringe benefits or other employee benefits or remuneration of any kind, whether written or unwritten or otherwise, funded or unfunded, including without limitation, each "EMPLOYEE BENEFIT PLAN," within the meaning of Section 3(3) of ERISA which is maintained, contributed to, or required to be contributed to, by Parent or any Affiliate for the benefit of any Parent Employee;

  • Canadian Benefit Plans means all material employee benefit plans of any nature or kind whatsoever that are not Canadian Pension Plans and are maintained or contributed to by any Credit Party having employees in Canada.

  • Non-U.S. Benefit Plan has the meaning set forth in Section 3.20(a).

  • Parent Benefit Plans has the meaning set forth in Section 5.07(b).