Common use of Plan Assets; Prohibited Transactions Clause in Contracts

Plan Assets; Prohibited Transactions. No Loan Party is an entity deemed to hold “plan assets” (within the meaning of the Plan Asset Regulations), and neither the execution, delivery or performance of the transactions contemplated under this Agreement, including the making of Credit Extensions hereunder, will give rise to a prohibited transaction within the meaning of Section 406 of ERISA or Section 4975 of the Code.

Plan Assets; Prohibited Transactions. No Loan Party 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 or delivery, nor performance of the transactions contemplated under this Agreement, including the making of any Loan and the issuance of any Letter of Credit Extensions hereunder, will give rise to a non-exempt prohibited transaction within the meaning of under Section 406 of ERISA or Section 4975 of the Code.

Plan Assets; Prohibited Transactions. No Loan Party is an entity deemed to hold “plan assets” within the meaning of 29 C.F.R. § 2510.3-101, as modified by Section 3(42) of ERISA, of an employee benefit plan (as defined in Section 3(3) of ERISA) which is subject to Title I of ERISA or any plan (within the meaning of Section 4975 of the Plan Asset RegulationsCode), and neither the execution, delivery or performance execution of the transactions contemplated under this Agreement, including Agreement nor the making of Credit Extensions hereunder, will give hereunder gives rise to a prohibited transaction within the meaning of Section 406 of ERISA or Section 4975 of the Code.Prohibited Transaction. 10.16

Plan Assets; Prohibited Transactions. No Loan Party 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 or nor performance of the transactions contemplated under this Agreement, including the making of any Loan and the issuance of any Letter of Credit Extensions hereunder, will give rise to a non-exempt prohibited transaction within the meaning of under Section 406 of ERISA or Section 4975 of the Code. ARTICLE IV Conditions SECTION 4.01.

Plan Assets; Prohibited Transactions. No Loan Party 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 or nor performance of the transactions contemplated under this Agreement, including the making of Credit Extensions any Loan hereunder, will give rise to a non-exempt prohibited transaction within the meaning of under Section 406 of ERISA or Section 4975 of the Code.

Plan Assets; Prohibited Transactions. No Loan Party 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 or performance of the transactions contemplated under this Agreement, including the making of any Loan and the issuance of any Letter of Credit Extensions hereunder, will give rise to a non-exempt prohibited transaction within the meaning of under Section 406 of ERISA or Section 4975 of the Code.. ARTICLE IV Conditions SECTION 4.01

Plan Assets; Prohibited Transactions. No Loan Party 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 or performance of the transactions contemplated under this Agreement, including the making of Credit Extensions hereunder, will give rise to a prohibited transaction within the meaning of Section 406 of ERISA or Section 4975 of the Code.the

Plan Assets; Prohibited Transactions. No Loan Party 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 or nor performance of the transactions contemplated under this Agreement, including the making of any Loan and the issuance of any Letter of Credit Extensions hereunder, will give rise to a non-exempt prohibited transaction within the meaning of under Section 406 of ERISA or Section 4975 of the Code.. ARTICLE IV

Plan Assets; Prohibited Transactions. No Loan Party is an entity deemed to hold “plan assets” within the meaning of 29 C.F.R. § 2510.3-101 of an employee benefit plan (as defined in Section 3(3) of ERISA) which is subject to Title I of ERISA or any plan (within the meaning of Section 4975 of the Plan Asset RegulationsCode), and neither the execution, delivery or performance execution of the transactions contemplated under this Agreement, including Agreement nor the making of Credit Extensions hereunder, will give hereunder gives rise to a prohibited transaction within the meaning of Section 406 of ERISA or Section 4975 of the Code.

Plan Assets; Prohibited Transactions. No Loan Party 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 or nor performance of the transactions contemplated under this Agreement, including the making of any Loan and the issuance of any Letter of Credit Extensions hereunder, will give rise to a non-exempt prohibited transaction within the meaning of under Section 406 of ERISA or Section 4975 of the Code.. ARTICLE IV

Plan Assets; Prohibited Transactions. No Loan Party is an entity deemed to hold “plan assets” (within the meaning of the Plan Asset Regulations), and neither the execution, delivery or nor performance of the transactions contemplated under this Agreement, including the making of any Loan and the issuance of any Letter of Credit Extensions hereunder, will give rise to a non-exempt prohibited transaction within the meaning of under Section 406 of ERISA or Section 4975 of the Code.