Common use of ERISA and the Code Clause in Contracts

ERISA and the Code. The execution and delivery of this Agreement and the transactions contemplated hereby do not and will not involve any transaction by the Bank that is prohibited under Section 406(a) of ERISA or in connection with which an excise tax could be imposed pursuant to Section 4975(a) or (b) of the Internal Revenue Code of 1986, as amended (the "Code"), by reason of the prohibited transactions described in Section 4975(c)(1) (A), (B), (C) or (D) of the Code. The representations and warranties set forth in this Section 4.02 shall survive the sale and assignment of the respective Receivables to the Purchaser pursuant to this Agreement. The Bank shall be deemed each time that it delivers or causes to be delivered a Receivables Statement to represent and warrant to the Purchaser, as of the related Purchase Date, that the representations and warranties of the Bank set forth in Section 4.02, are true and correct as of such date. Upon discovery by the Bank or the Purchaser of a breach of any of the foregoing representations and warranties, the party discovering such breach shall give prompt written notice to the other.

ERISA and the Code. The execution and delivery of this Agreement and the transactions contemplated hereby do not and will not involve any transaction by the Bank that is prohibited under Section 406(a) of ERISA or in connection with which an excise tax could be imposed pursuant to Section 4975(a) or (b) of the Internal Revenue Code of 1986, as amended (the "Code"), by reason of the prohibited transactions described in Section 4975(c)(1) (A4975(c)(1)(A), (B), (C) or (D) of the Code. The representations and warranties set forth in this Section 4.02 shall survive the sale and assignment of the respective Receivables to the Purchaser pursuant to this Agreement. The Bank shall be deemed each time that it delivers or causes to be delivered a Receivables Statement to represent and warrant to the Purchaser, as of the related Purchase Date, that the representations and warranties of the Bank set forth in Section 4.02, are true and correct as of such date. Upon discovery by the Bank or the Purchaser of a breach of any of the foregoing representations and warranties, the party party, discovering such breach shall give prompt written notice to the other.