Use of Assets. The assets being used by the Buyer to purchase the Securities do not constitute assets of any employee benefit plan (within the meaning of Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended), or any plan (within the meaning of Section 4975 of the Code).
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Samples: Securities Purchase Agreement (RECP IV Cite CMBS Equity, L.P.), Securities Purchase Agreement (Donaldson Lufkin & Jenrette Inc /Ny/), Securities Purchase Agreement (Anthracite Capital Inc)
Use of Assets. The assets being used by the Buyer to purchase the Securities do not constitute assets of any employee benefit plan (within the meaning of Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended), or any plan (within the meaning of Section 4975 of the CodeInternal Revenue Code of 1986, as amended).
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