Common use of Not Plan Assets Clause in Contracts

Not Plan Assets. None of the assets of any Loan Party or any other Subsidiary constitutes "plan assets" within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder, of any ERISA Benefit Plan. The execution, delivery and performance of the Loan Documents by the Loan Parties, and the borrowing and repayment of amounts thereunder, do not and will not constitute "prohibited transactions" under ERISA or the Internal Revenue Code for which no statutory or administrative exemption is available.

Not Plan Assets. None of the assets of any Loan Related Party or any other Subsidiary constitutes "constitute, nor will constitute, plan assets" , within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder, of any ERISA Benefit Plan or Non-ERISA Plan. The execution, delivery and performance of the Loan Documents by the Loan Partiesthis Agreement, and the borrowing and repayment of amounts thereunderhereunder, do not and will not constitute "“prohibited transactions" ” under ERISA or the Internal Revenue Code for which no statutory or administrative exemption is availableCode.

Not Plan Assets. None of the assets of any Loan Party or any other Subsidiary constitutes "“plan assets" ” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder, of any ERISA Benefit Plan. The execution, delivery and performance of the Loan Documents by the Loan Parties, and the borrowing and repayment of amounts thereunder, do not and will not constitute "“prohibited transactions" ” under ERISA or the Internal Revenue Code for which no statutory or administrative exemption is available.