Common use of ERISA Representation Clause in Contracts

ERISA Representation. Each Lender as of the Closing Date represents and warrants as of the Closing Date to the Administrative Agent and the Arrangers and their respective Affiliates, and not, for the avoidance of doubt, for the benefit of the Borrower or any other Loan Party, that such Lender is not and will not be (1) an employee benefit plan subject to Title I of ERISA, (2) a plan or account subject to Section 4975 of the Internal Revenue Code; (3) an entity deemed to hold “plan assets” of any such plans or accounts for purposes of ERISA or the Internal Revenue Code; or (4) a “governmental plan” within the meaning of ERISA.

ERISA Representation. Each Lender and each L/C Issuer as of the Closing Date represents and warrants as of the Closing Date to the Administrative Agent Agents and the Joint Lead Arrangers and their respective Affiliates, and not, for the avoidance of doubt, for the benefit of the any Borrower or any other Loan Party, that such Lender or L/C Issuer is not and will not be (1i) an employee benefit plan subject to Title I of ERISA, ; (2ii) a plan or account subject to Section 4975 of the Internal Revenue Code; (3iii) an entity deemed to hold “plan assets” of any such plans or accounts for purposes of ERISA or the Internal Revenue Code; or (4iv) a “governmental plan” within the meaning of ERISA.

ERISA Representation. Each Lender as of the Closing Date represents and warrants as of the Closing Date to the Administrative Agent Agent, and the Arrangers Arranger and their respective Affiliates, and not, for the avoidance of doubt, for the benefit of the Borrower or any other Loan Party, that such Lender is not and will not be (1a) an employee benefit plan subject to Title I of ERISA, (2b) a plan or account subject to Section 4975 of the Internal Revenue Code; (3c) an entity deemed to hold “plan assets” of any such plans or accounts for purposes of ERISA or the Internal Revenue Code; or (4d) a “governmental plan” within the meaning of ERISA.. 135

ERISA Representation. Each Lender as of the Closing Date represents and warrants as of the Closing Date to the Administrative Agent Agent, and the Arrangers Arranger and their respective Affiliates, and not, for the avoidance of doubt, for the benefit of the Borrower or any other Loan Party, that such Lender is not and will not be (1a) an employee benefit plan subject to Title I of ERISA, (2b) a plan or account subject to Section 4975 of the Internal Revenue Code; (3c) an entity deemed to hold “plan assets” of any such plans or accounts for purposes of ERISA or the Internal Revenue Code; or (4d) a “governmental plan” within the meaning of ERISA.

ERISA Representation. 144 Each Lender as of the Closing Date represents and warrants as of the Closing Date to the Administrative Agent Agent, and the Arrangers Arranger and their respective Affiliates, and not, for the avoidance of doubt, for the benefit of the Borrower or any other Loan Party, that such Lender is not and will not be (1a) an employee benefit plan subject to Title I of ERISA, (2b) a plan or account subject to Section 4975 of the Internal Revenue Code; (3c) an entity deemed to hold “plan assets” of any such plans or accounts for purposes of ERISA or the Internal Revenue Code; or (4d) a “governmental plan” within the meaning of ERISA.