Common use of ERISA; Employees Clause in Contracts

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) As of the Closing Date and throughout the term of the Loan, (i) no Borrower is not and nor will not it 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 Borrowers do not and will not constitute “plan assets” of one or more such plans for purposes within the meaning of Title I Section 3(42) of ERISA.

ERISA; Employees. (a) As of the Closing Date (or, with respect to any Additional Borrower, as of the date on which the Additional Advance is made) 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) As of the Closing Date and throughout the term of the Loan, (i) no Borrower is not and nor will not be an “employee benefit plan” as defined in Section 3(3) of ERISA, which is subject to Part 4 of Subtitle B of Title I of ERISA, and (ii) the assets of Borrower Borrowers do not and will not constitute “plan assets” of one or more such plans for purposes of Title I of ERISA, as determined under Section 3(42) of ERISA.

ERISA; Employees. (a) As of the Original Closing Date and throughout the term of the Loan, (i) no Borrower is not and nor will not it 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 Borrowers do not and will not constitute “plan assets” of one or more such plans for purposes within the meaning of Title I Section 3(42) of ERISA.

ERISA; Employees. (a) As of the Closing Date hereof 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) As of the Closing Date and throughout the term of the Loan, (i) no Borrower is not and nor will not it be an “employee benefit plan” as defined in Section 3(3) of ERISA, which is subject to Part 4 of Subtitle B of Title I of ERISA, and (ii) the assets of Borrower Borrowers do not and will not constitute “plan assets” of one or more such plans for purposes of Title I of ERISA, as determined under Section 3(42) of ERISA.

ERISA; Employees. (a) As of the Closing Date hereof and throughout the term of the Loan, (i) no Borrower is not and nor will not be an “employee benefit plan” as defined in Section 3(3) of ERISA, which is subject to Part 4 of Subtitle B of Title I of ERISA, and (ii) the assets of Borrower Borrowers do not and will not constitute “plan assets” of one or more such plans for purposes of Title I of ERISA, as determined under Section 3(42) of ERISA.

ERISA; Employees. (a) As of the Closing Date hereof and throughout the term of the Loan, (i) Borrower is not and nor will not be an “employee benefit plan” as defined in Section 3(3) of ERISA, which is subject to Part 4 of Subtitle B of 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, as determined under Section 3(42) of ERISA.

ERISA; Employees. (a) As of the Closing Date hereof and throughout the term of the Loan, (i) no Borrower is not and nor will not be an “employee benefit plan” as defined in Section 3(3) of ERISA, which is subject to Title I of ERISAERlSA, and (ii) the assets of Borrower Borrowers do not and will not constitute “plan assets” of one or more such plans for purposes of Title I of ERISA.

ERISA; Employees. (a) As of the Closing Restatement Date hereof and throughout the term of the Loan, (i) no Borrower is not and nor 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 Borrowers do not and will not constitute “plan assets” of one or more such plans for purposes of Title I of ERISA.