No Plan Assets. Borrower is not, a Plan and none of the assets of Borrower constitute or will constitute “Plan Assets” of one or more Plans. In addition, (a) Borrower is not a “governmental plan” within the meaning of Section 3(32) of ERISA and (b) transactions by or with Borrower are not subject to State statutes regulating investment of, and fiduciary obligations with respect to, governmental plans similar to the provisions of Section 406 of ERISA or Section 4975 of the Code currently in effect, which prohibit or otherwise restrict the transactions contemplated by this Agreement.
Appears in 8 contracts
Samples: Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (Meristar Hospitality Corp), Loan Agreement (Meristar Hospitality Operating Partnership Lp)
No Plan Assets. Borrower is not, not a Plan and none of the assets of Borrower constitute or will constitute “Plan Assets” of one or more Plans. In addition, (a) Borrower is not a “governmental plan” within the meaning of Section 3(32) of ERISA and (b) transactions by or with Borrower are not subject to State statutes regulating investment of, and fiduciary obligations with respect to, governmental plans similar to the provisions of Section 406 of ERISA or Section 4975 of the Code currently in effect, which prohibit or otherwise restrict the transactions contemplated by this Agreement.
Appears in 5 contracts
Samples: Loan Agreement (Spirit Finance Corp), Loan Agreement (U-Store-It Trust), Loan Agreement (Spirit Finance Corp)
No Plan Assets. No Borrower is not, a Plan and none of the assets of any Borrower constitute or will constitute “Plan Assets” of one or more Plans. In addition, (a) no Borrower is not a “governmental plan” within the meaning of Section 3(32) of ERISA and (b) transactions by or with any Borrower are not subject to State state statutes regulating investment of, and fiduciary obligations with respect to, governmental plans similar to the provisions of Section 406 of ERISA or Section 4975 of the Code currently in effect, which prohibit or otherwise restrict the transactions contemplated by this Agreement.
Appears in 4 contracts
Samples: Term Loan Agreement (FelCor Lodging Trust Inc), Revolving Credit Agreement (FelCor Lodging Trust Inc), Credit Agreement (FelCor Lodging LP)
No Plan Assets. Borrower is not, not a Plan and none of the assets of Borrower constitute or will constitute “"Plan Assets” " of one or more Plans. In addition, (a) Borrower is not a “"governmental plan” " within the meaning of Section 3(32) of ERISA and (b) transactions by or with Borrower are not subject to State statutes regulating investment of, and fiduciary obligations with respect to, governmental plans similar to the provisions of Section 406 of ERISA or Section 4975 of the Code currently in effect, which prohibit or otherwise restrict the transactions contemplated by this Agreement.
Appears in 4 contracts
Samples: Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust), Loan Agreement (Summit Hotel Properties LLC)
No Plan Assets. Borrower is notnot a Plan, a Plan and none of the assets of Borrower constitute or will constitute “Plan Assets” of one or more Plans. In addition, (a) Borrower is not a “governmental plan” within the meaning of Section 3(32) of ERISA and (b) transactions by or with Borrower are not subject to State statutes regulating investment of, and fiduciary obligations with respect to, governmental plans similar to the provisions of Section 406 of ERISA or Section 4975 of the Code currently in effect, which prohibit or otherwise restrict the transactions contemplated by this Agreement.
Appears in 2 contracts
Samples: Loan Agreement (GMH Communities Trust), Loan Agreement (Republic Property Trust)
No Plan Assets. No Borrower is not, a Plan and none of the assets of any Borrower constitute or will constitute “Plan Assets” of one or more Plans”. In addition, (a) no Borrower is not a “governmental plan” within the meaning of Section 3(32) of ERISA and (b) transactions by or with any Borrower are not subject to State state or local statutes regulating investment of, and fiduciary obligations with respect to, governmental plans similar to the provisions of Section 406 of ERISA or Section 4975 of the Code currently in effect, which prohibit or otherwise restrict the transactions contemplated by this Agreement.
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No Plan Assets. No Borrower is not, a Plan and none of the assets of any Borrower constitute or will constitute “Plan Assets” of one or more Plans. In addition, (a) no Borrower is not a “governmental plan” within the meaning of Section 3(32) of ERISA and (b) transactions by or with any Borrower are not subject to State state statutes regulating investment of, and fiduciary obligations with respect to, governmental plans similar to the provisions of Section 406 of ERISA or 94 Section 4975 of the Code currently in effect, which prohibit or otherwise restrict the transactions contemplated by this Agreement.
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No Plan Assets. Borrower is not, not a Plan and none of the assets of Borrower constitute or will constitute “Plan Assets” of one or more Plans. In addition, (a) Borrower is not a “governmental plan” within the meaning of Section 3(32) of ERISA and (b) transactions by or with Borrower are not subject to State statutes regulating investment of, and fiduciary obligations with respect to, governmental plans similar to the provisions of Section 406 of ERISA or Section 4975 of the 61 Code currently in effect, which prohibit or otherwise restrict the transactions contemplated by this Agreement.
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No Plan Assets. Borrower is not, not a Plan and none of the assets of Borrower constitute or will constitute “Plan Assets” of one or more Plans. In addition, (a) Borrower is not a “governmental plan” within the meaning of Section 3(32) of ERISA and (b) transactions by or with Borrower are not subject to State statutes applicable to Borrower regulating investment of, and fiduciary obligations with respect to, governmental plans similar to the provisions of Section 406 of ERISA or Section 4975 of the Code currently in effect, which prohibit or otherwise restrict the transactions contemplated by this Agreement.
Appears in 1 contract
Samples: Loan Agreement (Orchard Supply Hardware Stores Corp)
No Plan Assets. Individual Borrower is notnot a Plan, a Plan and none of the assets of Individual Borrower constitute or will constitute “Plan Assets” of one or more Plans. In addition, (a) Individual Borrower is not a “governmental plan” within the meaning of Section 3(32) of ERISA and (b) transactions by or with Individual Borrower are not subject to State statutes regulating investment of, and fiduciary obligations with respect to, governmental plans similar to the provisions of Section 406 of ERISA or Section 4975 of the Code currently in effect, which prohibit or otherwise restrict the transactions contemplated by this Agreement.
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