Examples of Benefit Plan Investor in a sentence
Each holder of an ERISA Restricted Note understands that if any ERISA-related representation becomes untrue or there is any change in the holder’s status as a Benefit Plan Investor or Controlling Person, the holder shall immediately notify the Issuer and the Collateral Trustee.
With respect to ERISA Restricted Notes that are Definitive Notes, each Purchaser or transferee of such Note will be required in a signed representation letter or Transfer Certificate, respectively, to represent and warrant whether or not, for so long as it holds such Note or interest therein, it is, or is acting on behalf of or with any assets of, a Benefit Plan Investor and whether or not it is a Controlling Person.
Any Purchaser or transferee that is a Benefit Plan Investor or a plan that is subject to Similar Law will be required or deemed to represent and warrant that its acquisition, holding and disposition of Notes will not constitute or result in a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code or a non-exempt violation of Similar Law.