ERISA Plan Assets definition

ERISA Plan Assets means “plan assets” within the meaning of Section 3(42) of ERISA and the “plan asset” regulations set forth in 29 C.F.R. Section 2510.3-101 as promulgated under ERISA, modified to the extent applicable by Section 3(42) of ERISA.
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ERISA Plan Assets means the assets of (i) an employee benefit ----------------- - plan subject to Part 4 of Subtitle B of Title I of ERISA or (ii) a "Plan" within -- the meaning of Section 4975(e)(1) of the Code or (iii) any other entity deemed --- to hold "plan assets" as defined in 29 C.F.R. (S)2510.3-101 of any plan.
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ERISA Plan Assets means “plan assets” under the ERISA Plan Asset Regulations. “XXXXX Xxxxxxxx Letter” means an executed letter from the issuer of an opinion to the Administrative Agent and the Lenders providing that the Administrative Agent and the Lenders may rely on such opinion. “Excluded Taxes” means any of the following Taxes imposed on or with respect to a Recipient or required to be withheld or deducted from a payment to a Recipient: (a) Taxes imposed on or measured by its net income (however denominated), franchise Taxes, and branch profits Taxes or Taxes similar to branch profits Taxes: (i) imposed by the U.S. or imposed as a result of such Lender being organized under the Laws of, or having its principal office or its Lending Office located in, the jurisdiction imposing such Tax (or any political subdivision thereof); or (ii) that are Other Connection Taxes; (b) U.S. federal withholding Taxes imposed on amounts payable to or for the account of a Lender pursuant to a Law in effect on: (i) the Closing Date; (ii) the date on which such Lender became a party hereto, except to the extent that amounts with respect to such Taxes were payable to Xxxxxx’s assignor immediately before such Lender became a party hereto; or (iii) the date on which such Lender changes its Lending Office, except to the extent that amounts with respect to such Taxes were payable to such Lender immediately before it changed its Lending Office; (c) Taxes attributable to a Lender’s failure to comply with Section 9.4(c) (Xxxxxx’s Tax Exemption Form); and
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Examples of ERISA Plan Assets in a sentence

  • The assets of such Member (including any successor to or transferee of such Member) are not deemed to be ERISA Plan Assets.

  • The Manager must use its best efforts to ensure that the Company’s assets are not deemed to be ERISA Plan Assets.

  • The Owner Participant is not acquiring any part of its interest in the Trust Estate with any ERISA Plan Assets.

  • The Owner Participant is not acquiring any part of its ----- interest in the Trust Estate with any ERISA Plan Assets.

  • OCTOBER 15, 1999 Page 16 COVENANTS The Bridge Loan Agreement will contain such covenants by the Company (with respect to the Company and its subsidiaries) as are usual and customary for financings of this kind or as otherwise deemed appropriate by the Lenders for this transaction in particular (in their sole discretion), based upon the covenants in the Credit Facility, together with such special rights as may be required to comply with the ERISA "Plan Assets" regulation.

  • The Manager shall use its best efforts to ensure that the Company’s assets are not deemed to be ERISA Plan Assets.

  • Assuming that the Pass Through Certificates are distributed in the manner set forth in the Preliminary Offering Memorandum dated November 14, 1996, the Loan Participant is not purchasing any of the Secured Notes with any ERISA Plan Assets, and no Employer Plan of the Loan Participant is acquiring the Pass Through Certificates.

  • Under the ERISA Plan Assets Regulation, the assets of an entity in which a plan has an equity interest will not be treated as plan assets if the equity interests are(1) publicly traded securities or (2) a security issued by an investment company registered under the Investment Company Act of 1940.

  • No ERISA Plan Assets: By acquiring the Series B Preferred Stock, holders will be deemed to have represented and warranted that no portion of the assets used by the holder to acquire or hold any interest in the Series B Preferred Stock and, until such time as it is no longer restricted from transfer, the Common Stock issuable upon conversion of the Series B Preferred Stock, constitute or will constitute the assets of certain ERISA plans.

  • ERISA Plan Assets...............................................................................


More Definitions of ERISA Plan Assets

ERISA Plan Assets means “plan assets” within the meaning of the Department of Labor regulations located at 29 C.F.R. Section 2510.3-101, as modified by Section 3(42) of ERISA.
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ERISA Plan Assets means the assets of (i) an employee benefit plan subject to Part 4 of Subtitle B of Title I of ERISA, (ii) a "plan" within the meaning of Section 4975(e)(1) of the Code, (iii) any other entity deemed to hold "plan assets" as defined in 29 C.F.R. Section 2510.3-101 of any plan or (iv) any "governmental plan," as defined in Section 3 (32) of ERISA or Section 414(d) of the Code, subject to prohibitions under any Governmental Rules substantially similar to those set forth in Section 406 of ERISA or Section 4975 of the Code.
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Related to ERISA Plan Assets

  • Plan Assets means “plan assets” within the meaning of the Plan Asset Regulations.

  • ERISA Plan means an employee benefit plan maintained for employees of any Person or any ERISA Affiliate of such Person subject to Title IV of ERISA (other than a Multiemployer Plan).

  • ERISA Plans shall have the meaning set forth in Section 3.13(a).

  • Multi-employer Plan means a multi-employer plan, as defined in Section 4001(a)(3) of ERISA to which the Borrower or any Subsidiary of the Borrower or any ERISA Affiliate is making or accruing an obligation to make contributions or has within any of the preceding five plan years made or accrued an obligation to make contributions.

  • ERISA means the Employee Retirement Income Security Act of 1974, as amended.

  • Plan Assets Regulation means 29 C.F.R. Section 2510.3-101, et seq., as modified by Section 3(42) of ERISA.

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

  • Multiemployer Plan means a multiemployer plan as defined in Section 4001(a)(3) of ERISA.

  • ERISA Affiliate Plan means each Employee Benefit Plan sponsored or maintained or required to be sponsored or maintained at any time by any ERISA Affiliate, or to which such ERISA Affiliate makes or has made, or has or has had an obligation to make, contributions at any time, or with respect to which such ERISA Affiliate has any liability or obligation.

  • 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.

  • Title IV-A means part A of subchapter IV of the social security

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

  • Title IV-E means title IV-E of the Social Security Act [Pub. L. 96-272, title I, sec. 101(a)(1); 94 Stat. 501; 42 U.S.C. 670 et seq.], as amended.

  • ERISA Affiliate means any trade or business (whether or not incorporated) that, together with the Borrower, is treated as a single employer under Section 414(b) or (c) of the Code or, solely for purposes of Section 302 of ERISA and Section 412 of the Code, is treated as a single employer under Section 414 of the Code.

  • Title IV-D means part D of title IV of the social security act, 42 USC 651 to 669b.

  • Company ERISA Affiliate means all employers (whether or not incorporated) that would be treated together with the Company or any of its Subsidiaries as a “single employer” within the meaning of Section 414 of the Code.

  • 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.

  • Multiemployer Pension Plan means a multiemployer plan, as defined in Section 4001(a)(3) of ERISA, to which Borrower or any member of the Controlled Group may have any liability.

  • Multiemployer Plans means “multiemployer plans” as defined by Section 3(37) of ERISA.

  • 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.

  • Controlled Entity means (a) any of the Subsidiaries of the Company and any of their or the Company’s respective Controlled Affiliates and (b) if the Company has a parent company, such parent company and its Controlled Affiliates.

  • Foreign Plan Event with respect to any Foreign Benefit Arrangement or Foreign Plan, (a) the failure to make or, if applicable, accrue in accordance with normal accounting practices, any employer or employee contributions required by applicable law or by the terms of such Foreign Benefit Arrangement or Foreign Plan; (b) the failure to register or loss of good standing with applicable regulatory authorities of any such Foreign Benefit Arrangement or Foreign Plan required to be registered; or (c) the failure of any Foreign Benefit Arrangement or Foreign Plan to comply with any material provisions of applicable law and regulations or with the material terms of such Foreign Benefit Arrangement or Foreign Plan.

  • Controlled Entities means those entities (including special purpose entities) over which another party has the power to govern, directly or indirectly, decision making in relation to financial and operating policies, so as to require that entity to conform with such controlling party’s objectives;

  • Canadian Benefit Plan means any plan, fund, program, or policy, whether oral or written, formal or informal, funded or unfunded, insured or uninsured, providing material employee benefits, including medical, hospital care, dental, sickness, accident, disability, life insurance, pension, retirement or savings benefits, under which any Borrower has any liability with respect to any employee or former employee, but excluding any Canadian Pension Plans.

  • Controlled Group Liability means any and all liabilities (i) under Title IV of ERISA, (ii) under Section 302 of ERISA, (iii) under Sections 412 and 4971 of the Code, (iv) as a result of a failure to comply with the continuation coverage requirements of Section 601 et seq. of ERISA and Section 4980B of the Code, and (v) under corresponding or similar provisions of foreign laws or regulations.

  • Unfunded Benefit Liabilities means with respect to any Plan at any time, the amount (if any) by which (i) the present value of all benefit liabilities under such Plan as defined in Section 4001(a)(16) of ERISA, exceeds (ii) the fair market value of all Plan assets allocable to such benefits, all determined as of the then most recent valuation date for such Plan (on the basis of assumptions prescribed by the PBGC for the purpose of Section 4044 of ERISA).