ERISA; Employees. (a) As of the Closing Date and throughout the term of the Loan, (i) Borrower is not and will not be an “employee benefit plan” as defined in Section 3(3) of ERISA, which is subject to Title I of ERISA, and (ii) the assets of Borrower do not and will not constitute “plan assets” of one or more such plans for purposes of Title I of ERISA.
ERISA; Employees. (a) Neither the Real Property nor any portion thereof is the asset of an ERISA Plan within the meaning of 29 C.F.R. § 2510.3-101 or covered under Title I, Part 4 of the ERISA or Section 4975 of the Internal Revenue Code of 1986, as amended (“Plan Assets”), and no Plan Assets have been used in the financing, refinancing, or purchase by Selling Subsidiary of all or any portion of the Real Property. None of Parent, or any Selling Subsidiary is acting on behalf of an ERISA Plan, a “plan” within the meaning of the Code or an entity deemed to hold Plan Assets of any ERISA Plan.
ERISA; Employees. (i) Neither the Acquired Properties nor any portion thereof are Plan Assets and no Plan Assets have been used in the financing, refinancing, or purchase by any of the Seller or its Selling Subsidiaries of all or any portion of the Acquired Properties. None of the Seller or any of its Selling Subsidiaries, is acting on behalf of any plan or entity deemed to hold Plan Assets.
ERISA; Employees. All employees at the Real Property are employees of MC Owner or MC Owner’s Affiliates. There are no union contracts, collective bargaining agreements, pension, profit-sharing, bonus, employment contracts or other employee benefit plans, contracts or agreements relating to current or past employees of MC Owner or MC Owner’s Affiliates at the Real Property. There is no pending or to MC Owner’s Knowledge, threatened attempt to organize a labor union covering employees at the Real Property. There are not and have not been any pending or, to MC Owner’s Knowledge, threatened employment strikes, work stoppages, work slowdown, picketing, lockout or other material labor dispute involving the Real Property for the period MC Owner has owned the Real Property. (i) MC Owner has not received written notice or, to MC Owner’s Knowledge, oral notice of any actual or alleged violations of any applicable labor and employment laws, including any applicable laws respecting labor relations, employment discrimination, disability rights or benefits, occupational health and safety, worker’s compensation, affirmative action, unemployment compensation, leaves of absence, plant closures, mass layoffs, immigration and wages and hours and (ii) there are no charges, complaints or lawsuits pending or, to MC Owner’s Knowledge, threatened against MC Owner regarding employment matters at the Real Property, and there are no Governmental Authority audits, examinations or investigations pending or threatened in writing against MC Owner regarding employment matters at the Real Property. With respect to the Real Property, MC Owner is not required to contribute to a “multiemployer plan” as defined under ERISA in connection with the operation of the Real Property.
ERISA; Employees. (a) The Borrower does not have, and never has had, any employees.
ERISA; Employees. (a) Each Plan is established and maintained in substantial compliance with its terms, ERISA and, where applicable, the Code, except to the extent the failure to establish or maintain a Plan in substantial compliance would not reasonably be expected to have a Material Adverse Effect.
ERISA; Employees. Seller is not a “plan” nor a plan “fiduciary” nor an entity holding “plan assets” (as those terms are defined under the Employee Retirement Income Security Act of 1974, as amended, and its applicable regulations as issued by the Department of Labor and the Internal Revenue Service, “ERISA”) nor an entity whose assets are deemed to be plan assets under ERISA. There are no employees of Seller employed in connection with the use, management, maintenance or operation of the Property whose employment will continue after the Closing Date. There is no bargaining unit or union contract relating to any employees of Seller.
ERISA; Employees. (a) Section 4.7(a) of the Disclosure Schedule sets forth a list of each material Plan. With respect to each Plan, the Company has Made Available to Buyer true and complete copies of, as applicable: (i) all plan documents, including all amendments thereto; (ii) if applicable, the most recent annual report (Form 5500 series) filed with the IRS; and (iii) the most recent determination or prototype opinion letter, if any, issued by the IRS.
ERISA; Employees. (a) None of Seller or any Selling Subsidiary is acting on behalf of an “employee benefit plan” within the meaning of Section 3(3) of ERISA, a “plan” within the meaning of the Code or an entity deemed to hold “plan assets” within the meaning of 29 C.F.R. § 2510.3-101 of any such employee benefit plan or plans.
ERISA; Employees. (i) None of the properties of CIR III or its Subsidiaries are Plan Assets, and no Plan Assets have been used in the financing, refinancing, or purchase by CIR III or any of its Subsidiaries of all or any portion of their respective properties. None of CIR III or any of its Subsidiaries is acting on behalf of any plan or entity deemed to hold Plan Assets.
