Common use of ERISA Certification Clause in Contracts

ERISA Certification. (i) For each Credit Party that provided a certificate of a Responsible Officer pursuant to Section 6.1(n)(ii) or Section 6.3(j)(ii), prior to admitting one or more ERISA Investors which would result in twenty-five percent (25%) or more of the total value of any class of equity interests in such Credit Party being held by “benefit plan investors” within the meaning of Section 3(42) of ERISA, such Credit Party shall deliver an Operating Company Opinion, addressed to the Secured Parties, reasonably acceptable to the Administrative Agent and its counsel, regarding the status of such Credit Party as an Operating Company (or a copy of such Credit Party’s Operating Company Opinion, reasonably acceptable to the Administrative Agent and its counsel, together with a Reliance Letter with respect thereto);

ERISA Certification. (i) For each Credit Party that provided a certificate of a Responsible Officer pursuant to Section 6.1(n)(ii) 6.1(m)(ii), Section 6.3(f)(ii), or Section 6.3(j)(ii6.4(g)(ii), prior to admitting one (1) or more ERISA Investors which would result in twenty-five percent (25%) % or more of the total value of any class of equity interests in such Credit Party being held by “benefit plan investors” within the meaning of Section 3(42) of ERISA, such Credit Party shall deliver an Operating Company Opinion, a favorable written opinion of counsel to such Credit Party addressed to the Secured Parties, reasonably acceptable to the Administrative Agent and its counsel, regarding the status of such Credit Party as an Operating Company (or a copy of such Credit Party’s Operating Company Opinionopinion addressed to the Investor, reasonably acceptable to the Administrative Agent and its counsel, together with a Reliance Letter reliance letter with respect thereto, addressed to the Secured Parties);.

ERISA Certification. (i) For each Credit Party that provided a certificate of a Responsible Officer pursuant to Section 6.1(n)(ii) or Section 6.3(j)(ii), prior to admitting one or more ERISA Investors which would result in twenty-five percent (25%) or more of the total value of any class of equity interests in such Credit Party being held by “benefit plan investors” within the meaning of Section 3(42) of ERISA, such Credit Party shall deliver an Operating Company Opinion, addressed to the Secured Parties, reasonably acceptable to the Administrative Agent and its counsel, regarding the status of such Credit Party as an Operating Company (or a copy of such Credit Party’s Operating Company Opinion, reasonably acceptable to the Administrative Agent and its counsel, together with a Reliance Letter with respect thereto);; CONFIDENTIAL TREATMENT REQUESTED PURSUANT TO 17 C.F.R. SECTION 200.83