Common use of No Plan Assets Clause in Contracts

No Plan Assets. The Borrower is not an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 101.

Appears in 20 contracts

Samples: Borrower Loan Agreement, Borrower Loan Agreement, Borrower Loan Agreement

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No Plan Assets. The Borrower is not an "employee benefit plan," as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute "plan assets" of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.

Appears in 9 contracts

Samples: Loan Agreement (Fac Realty Trust Inc), Loan Agreement (United Investors Realty Trust), Loan Agreement (Uniprop Manufactured Housing Communities Income Fund)

No Plan Assets. The No Borrower is not an "employee benefit plan," as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the any Borrower constitutes or will constitute "plan assets" of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.

Appears in 6 contracts

Samples: Loan Agreement (Horizon Group Properties Inc), Loan Agreement (Lodgian Inc), Loan Agreement (Lodgian Inc)

No Plan Assets. The Borrower is not an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 1012510.3–101.

Appears in 4 contracts

Samples: Loan Agreement (Presidential Realty Corp/De/), Loan Agreement, Loan Agreement (World Wrestling Entertainmentinc)

No Plan Assets. The Borrower is not an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes constitute or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.

Appears in 3 contracts

Samples: Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (Lodging Fund REIT III, Inc.)

No Plan Assets. The Borrower is not an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 101.2510.3

Appears in 3 contracts

Samples: Funding Loan Agreement, Borrower Loan Agreement, Borrower Loan Agreement

No Plan Assets. The Borrower is not an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.

Appears in 3 contracts

Samples: Loan Agreement (TNP Strategic Retail Trust, Inc.), Loan Agreement (Gladstone Commercial Corp), Loan Agreement (Corporate Property Associates 17 - Global INC)

No Plan Assets. The (a) Borrower is not an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 101.;

Appears in 2 contracts

Samples: Loan Agreement (Medalist Diversified REIT, Inc.), Loan Agreement (Medalist Diversified REIT, Inc.)

No Plan Assets. The Borrower is not an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.

Appears in 2 contracts

Samples: Borrower Loan Agreement, Borrower Loan Agreement

No Plan Assets. The Borrower To the best of the Borrower's knowledge based on the Mortgagor's representations and warranties, the Mortgagor is not an "employee benefit plan," as defined in Section 3(3Sections 3 (3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower Mortgagor constitutes or will constitute "plan assets" of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.

Appears in 2 contracts

Samples: Master Loan and Security Agreement (Allied Capital Corp), Master Loan and Security Agreement (Allied Capital Corp)

No Plan Assets. The As of the date hereof and throughout the term of the Loan (a) no Borrower is not nor will any Borrower be an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and (b) none of the assets of the any Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 101.29

Appears in 2 contracts

Samples: Second Mezzanine Loan Agreement (Morgans Hotel Group Co.), Second Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC)

No Plan Assets. The No Individual Borrower is not an "employee benefit plan," as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the any Individual Borrower constitutes or will constitute "plan assets" of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.

Appears in 2 contracts

Samples: Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl)

No Plan Assets. The (a) Borrower is not an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101. In addition, Borrower is not a “governmental plan” within the meaning of Section 3(32) of ERISA.

Appears in 1 contract

Samples: First Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

No Plan Assets. The Borrower is not an "employee benefit plan," as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute "plan assets" of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 101.29

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

No Plan Assets. The Borrower is not an "employee benefit plan," as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the any Borrower constitutes or will constitute "plan assets" of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.

Appears in 1 contract

Samples: Loan Agreement (Daka International Inc)

No Plan Assets. The Borrower is not an "employee benefit -------------- plan," as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute "plan assets" of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.

Appears in 1 contract

Samples: Loan Agreement (Saul Centers Inc)

No Plan Assets. The Such Borrower is not (1) an employee benefit plan,” as defined in Section 3(3) of ERISA, plan subject to Title I of ERISA, and none (2) a plan or account subject to Section 4975 of the assets of the Borrower constitutes or will constitute Code, (3) an entity deemed to hold “plan assets” of one or more any such plans or accounts for purposes of ERISA or the Code, or (4) a “governmental plan” within the meaning of 29 C.F.R. Section 2510.3 101ERISA.

Appears in 1 contract

Samples: Loan Agreement (Hooker Furniture Corp)

No Plan Assets. The Such Borrower is not an "employee benefit plan," as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute "plan assets" of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.

Appears in 1 contract

Samples: Loan Agreement (Acadia Realty Trust)

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No Plan Assets. The (a) Borrower is does not maintain an "employee benefit plan,” " as defined in by Section 3(3) of ERISA, which is subject to Title I IV of ERISA, and none of the assets of the Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 101.; and

Appears in 1 contract

Samples: Loan Agreement (Taubman Centers Inc)

No Plan Assets. The Borrower is not an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 101§ 2510.3.101.

Appears in 1 contract

Samples: Borrower Loan Agreement

No Plan Assets. The Borrower is not an "employee benefit plan," as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), subject to Title I of ERISAERISA (an "EMPLOYEE BENEFIT PLAN"), and none of the its assets of the Borrower constitutes or will constitute "plan assets" of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.

Appears in 1 contract

Samples: Loan Agreement (Entertainment Properties Trust)

No Plan Assets. The Borrower is not an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. p... Section 2510.3 101.4.1.11

Appears in 1 contract

Samples: Funding Loan Agreement

No Plan Assets. The Borrower is not an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.. 156731.7 035682 AGMT

Appears in 1 contract

Samples: Borrower Loan Agreement

No Plan Assets. The Borrower is not an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 101.

Appears in 1 contract

Samples: Borrower Loan Agreement

No Plan Assets. The Borrower is not an "employee benefit plan," as defined in Section 3(3) of ERISA, subject to Title I of ERISA, or a "plan" as defined in Section 4975(e)(1) of the Internal Revenue Code, subject to Section 4975 of the Internal Revenue Code, and none of the assets of the Borrower constitutes or will constitute "plan assets" of one or more such employee benefit plans or other plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.

Appears in 1 contract

Samples: Loan Agreement (Walden Residential Properties Inc)

No Plan Assets. The Borrower is not an "employee benefit plan," as -------------- defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute "plan assets" of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.

Appears in 1 contract

Samples: Loan Agreement (Konover Property Trust Inc)

No Plan Assets. The Borrower is not an "employee benefit plan," as defined -------------- in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes constitute or will constitute "plan assets" of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 2510.3-101.

Appears in 1 contract

Samples: Loan Agreement (Hob Entertainment Inc /De/)

No Plan Assets. The No Borrower is not an "employee benefit plan," as -------------- defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the no assets of the any Borrower constitutes or will constitute "plan assets" of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 Sec tion 2510.3-101.

Appears in 1 contract

Samples: Management Agreement (Westfield America Inc)

No Plan Assets. { TC \l2 "Section 4.11. No Plan Assets" } The Borrower is not an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3 101.

Appears in 1 contract

Samples: Borrower Loan Agreement

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