Plan Asset Regulations Sample Clauses

Plan Asset Regulations. 8.4.4.1 Each Limited Partner acknowledges that the assets of the Fund are not intended to constitute Plan Assets of such Limited Partner for purposes of any applicable non-U.S., state or local law governing the investment and management of the assets of that Limited Partner, and that, as a result, none of the Fund, the General Partner or any of their Affiliates intends to be acting as a fiduciary within the meaning of any applicable non-U.S., state or local law relating to governmental plans or foreign plans with respect to such Limited Partner or the Fund assets; provided, that this provision is not intended to negate the standard of care set forth in Section 20.5 (Standard of Care).
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Plan Asset Regulations. Each Limited Partner acknowledges that the assets of the Fund are not intended to constitute Plan Assets of such Limited Partner for purposes of any applicable non-U.S., state or local law governing the investment and management of the assets of that Limited Partner, and that, as a result, none of the Fund, the General Partner or any of their Affiliates intends to be acting as a fiduciary within the meaning of any applicable non-U.S., state or local law relating to governmental plans or foreign plans with respect to such Limited Partner or the Fund assets; provided, that this provision is not intended to negate the standard of care set forth in Section 20.5 (Standard of Care). The General Partner shall use its reasonable best efforts to ensure that the Fund either (i) qualifies as a VCOC on and after the “initial valuation date” (as defined in the Plan Asset Regulation) of the Fund or (ii) otherwise is not deemed to hold Plan Assets under the Plan Asset Regulation. If participation by “Benefit Plan Investors” is “significant” as determined under the Plan Asset Regulation, at the Fund’s expense, the General Partner shall furnish to each ERISA Partner (x) within ten (10) Business Days following the Fund’s first long-term Portfolio Investment, an opinion of counsel addressed to the Fund with respect to the VCOC status of the Fund and (y) within sixty (60) days following the end of each “annual valuation period” (as defined in the Plan Asset Regulation) of the Fund succeeding the date of the Fund’s first long-term Portfolio Investment, a certificate from the Fund as to the Fund’s qualification as a VCOC. UBTI; ECI. [The Fund may engage in transactions (including transactions described in Section 7.2) that will cause Tax Exempt Partners and Non-U.S. Partners to recognize UBTI or ECI, respectively, as a result of their investment in the Fund; provided that the Fund shall use its reasonable best efforts not to invest more than (i) [15]% of the Partnersaggregate Commitments (measured as of the date any such investment is made) in a manner that the General Partner reasonably believes would cause such Commitments to be used or further invested, directly or indirectly, to cause Tax Exempt Partners to recognize UBTI as a result of their investment in the Fund or (ii) [15]% of the Partners’ aggregate Commitments (measured as of the date any such investment is made) in a manner that the General Partner reasonably believes would cause such Commitments to be used or fur...
Plan Asset Regulations. None of the Borrower or any of its Subsidiaries is an entity deemed to hold “plan assets” (within the meaning of the Plan Asset Regulations), and neither the execution, delivery nor performance of the transactions contemplated under this Agreement, including the making of any Loan hereunder, will give rise to a non-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Internal Revenue Code.
Plan Asset Regulations. Each such subsidiary shall qualify as a majority owned subsidiary for purposes of the Plan Asset Regulations.
Plan Asset Regulations. The Department of Labor regulations set forth in 29 C.F.R. 2510.3-101. Pre-Funding Account: The account established by the Trust Administrator for the benefit of Noteholders into which the Seller is required to deposit or cause to be deposited an amount equal to $232,973,237 on the Closing Date. Pre-Funding Period: The period from Closing Date through and including June 22, 2006, during which the Seller may transfer Subsequent Mortgage Loans to the Trust.
Plan Asset Regulations. The Department of Labor regulations set forth in 29 C.F.R. 2510.3-101.
Plan Asset Regulations. 102 A more favourable term for the Manager would involve a definition of "Permanently Written Down" investments that means only investments that are entirely written down, or that does not include a definition of Permanently Written Down investments at all.
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Plan Asset Regulations. The Managing Member will use its reasonable best efforts to ensure that the Company’s assets will not constitute “plan assets” under ERISA.
Plan Asset Regulations. The regulations issued by the United States Department of Labor at Section 2510.3-101 of Part 2510 of Chapter XXV, Title 29 of the United States Code of Federal Regulations, as the same may be amended from time to time.
Plan Asset Regulations. Each such subsidiary shall qualify as a majority owned subsidiary for purposes of the Plan Asset Regulations. SOUTHWEST
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