Nonexempt ERISA Transactions. Tenant shall not engage in a nonexempt prohibited transaction described in Section 406 of ERISA or Section 4975 of the Code, as such sections relate to Tenant, or in any transaction that would cause any obligation or action taken or to be taken hereunder (or the exercise by Landlord's Lender of any of its rights under the Lender's Loan Documents (if applicable)) to be a non-exempt prohibited transaction under ERISA.
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Samples: Master Lease Agreement (Vornado Operating Co), Master Lease Agreement (Vornado Operating Co), Master Lease Agreement (Vornado Operating Co)
Nonexempt ERISA Transactions. Tenant No Borrower shall not engage in a nonexempt prohibited transaction described in Section 406 of ERISA or Section 4975 of the Code, as such sections relate to Tenantany Borrower, or in any transaction that would cause any obligation or action taken or to be taken hereunder (or the exercise by Landlord's Lender of any of its rights under the Lender's Note, this Agreement, any Pledge or any other Loan Documents (if applicable)Document) to be a non-exempt prohibited transaction under ERISA.
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Samples: Second Mezzanine Loan Agreement (Strategic Hotel Capital Inc), First Mezzanine Loan Agreement (Strategic Hotel Capital Inc)
Nonexempt ERISA Transactions. Tenant Borrower shall not engage in a nonexempt prohibited transaction described in Section 406 of ERISA or Section 4975 of the Code, as such sections relate to TenantBorrower, or in any transaction that would cause any obligation or action taken or to be taken hereunder (or the exercise by Landlord's Lender of any of its rights under the Lender's Note, this Agreement, the Mortgage or any other Loan Documents (if applicable)Document) to be a non-exempt prohibited transaction under ERISA.
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Samples: Loan Agreement (Colony Resorts LVH Acquisitions LLC), Loan Agreement (Colony Resorts LVH Acquisitions LLC)
Nonexempt ERISA Transactions. Tenant It shall not engage in a nonexempt prohibited transaction described in Section 406 of ERISA or Section 4975 of the Code, as such sections relate to Tenantit, or in any transaction that would cause any obligation or action taken or to be taken hereunder (or the exercise by Landlord's Lender of any of its rights under the Lender's Notes, this Agreement, the Mortgage or any other Loan Documents (if applicable)Document) to be a non-exempt prohibited transaction under ERISAERISA which results or would reasonably be expected to result in a material liability of Borrower.
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Nonexempt ERISA Transactions. Tenant Borrower shall not engage in a nonexempt prohibited transaction described in Section 406 of ERISA or Section 4975 of the Code, as such sections relate to TenantBorrower, or in any transaction that would cause any obligation or action taken or to be taken hereunder (or the exercise by Landlord's Lender of any of its rights under the Lender's Note, this Agreement, the Mortgage or any other Loan Documents (if applicable)Document) to be a non-non- exempt prohibited transaction under ERISA.
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Nonexempt ERISA Transactions. Tenant Obligor shall not engage in a nonexempt prohibited transaction described in Section 406 of ERISA or Section 4975 of the Code, as such sections relate to Tenant, Obligor or in any transaction that would cause any obligation or action taken or to be taken hereunder (or the exercise by Landlord's Agent or any Lender of any of its rights under the Lender's Note, this Agreement, the Mortgage or any other Loan Documents (if applicable)Document) to be a non-exempt prohibited transaction under ERISA.
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Nonexempt ERISA Transactions. Tenant Borrower shall not engage in a ---------------------------- nonexempt prohibited transaction described in Section 406 of ERISA or Section 4975 of the Code, as such sections relate to TenantBorrower, or in any transaction that would cause any obligation or action taken or to be taken hereunder (or the exercise by Landlord's Lender of any of its rights under the Lender's Note, this Agreement, the Mortgage or any other Loan Documents (if applicable)Document) to be a non-exempt prohibited transaction under ERISA.
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Samples: Loan Agreement (Desert Springs Marriott Limited Partnership)
Nonexempt ERISA Transactions. Tenant shall not engage Engage in a nonexempt prohibited transaction described in Section 406 of ERISA or Section 4975 of the Code, as such sections Sections relate to Tenantit, involving any Plan or in any transaction that would cause any obligation or action taken or to be taken hereunder (or the exercise by Landlord's a Lender of any of its rights under the Lender's any Loan Documents (if applicable)Document) to be a non-exempt prohibited transaction under ERISAERISA which results or would reasonably be expected to result in a material liability to it.
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