Common use of Lender ERISA Representation Clause in Contracts

Lender ERISA Representation. Each Lender as of the Restatement Date represents and warrants as of the Restatement Date to the Administrative Agent and each Joint Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, for the benefit of any 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 Code; (3) an entity deemed to hold “plan assets” of any such plans or accounts for purposes of ERISA or the Code; or (4) a “governmental plan” within the meaning of ERISA.

Lender ERISA Representation. Each Lender as of the Restatement Closing Date represents and warrants as of the Restatement Closing Date to the Administrative Agent and Agent, each Joint Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, for the benefit of any Borrower the Borrowers or any other Loan Credit Party, that such Lender 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 Code; , (3iii) an entity deemed to hold “plan assets” of any such plans or accounts for purposes of ERISA or the Code; Code or (4iv) a “governmental plan” within the meaning of ERISA. [Signatures follow.]