Plan Assets; Prohibited Transactions. The Company and its Subsidiaries have not engaged in any prohibited transaction within the meaning of Section 4.06 of ERISA or Section 4975 of the Code which could result in any material liability; and neither the execution of this Agreement nor the making of Credit Extensions (assuming that the Lenders do not fund any of the Credit Extensions with any “plan assets” as defined in ERISA) hereunder give rise to a non-exempt prohibited transaction within the meaning of Section 406 of ERISA or Section 4975 of the Code.
Appears in 5 contracts
Samples: Assignment Agreement (Kelly Services Inc), Assignment Agreement (Kelly Services Inc), Assignment Agreement (Kelly Services Inc)
Plan Assets; Prohibited Transactions. The Company and its Subsidiaries have not engaged in any prohibited transaction within the meaning of Section 4.06 of ERISA or Section 4975 of the Code which could result in any material liability; and neither the execution of this Agreement nor the making of Credit Extensions Loans (assuming that the Lenders do not fund any of the Credit Extensions Loans with any “"plan assets” " as defined in ERISAabove) hereunder give rise to a non-exempt prohibited transaction within the meaning of Section 406 of ERISA or Section 4975 of the Code.
Appears in 3 contracts
Samples: Credit Agreement (Meritor Automotive Inc), Credit Agreement (Meritor Automotive Inc), Credit Agreement (Meritor Automotive Inc)
Plan Assets; Prohibited Transactions. The Company Borrower and its Subsidiaries have not engaged in any prohibited transaction within the meaning of Section 4.06 406 of ERISA or Section 4975 of the Code which could result in any material liabilityliability individually or in the aggregate in excess of $35,000,000; and neither the execution of this Agreement nor the making of Credit Extensions Loans (assuming that the Lenders do not fund any of the Credit Extensions Loans with any “"plan assets” " as defined in under ERISA) hereunder give rise to a non-exempt prohibited transaction within the meaning of Section 406 of ERISA or Section 4975 of the Code.
Appears in 3 contracts
Samples: Day Credit Agreement (Arvinmeritor Inc), Day Credit Agreement (Arvinmeritor Inc), Year Revolving Credit Agreement (Arvinmeritor Inc)
Plan Assets; Prohibited Transactions. The Company and its Subsidiaries have not engaged in any prohibited transaction within the meaning of Section 4.06 406 of ERISA or Section 4975 of the Code which could result in any material liabilityliability individually or in the aggregate in excess of $35,000,000; and neither the execution of this Agreement nor the making of Credit Extensions Loans (assuming that the Lenders do not fund any of the Credit Extensions Loans with any “"plan assets” " as defined in under ERISA) hereunder give rise to a non-exempt prohibited transaction within the meaning of Section 406 of ERISA or Section 4975 of the Code.
Appears in 2 contracts
Samples: Credit Agreement (Arvinmeritor Inc), Revolving Credit Agreement (Arvinmeritor Inc)
Plan Assets; Prohibited Transactions. The Company and its Subsidiaries have not engaged in any prohibited transaction within the meaning of Section 4.06 406 of ERISA or Section 4975 of the Code which could reasonably be expected to result in any material liability; and neither the execution of this Agreement nor the making of Credit Extensions Loans (assuming that the Lenders do not fund any of the Credit Extensions Loans with any “plan assets” as defined in ERISAabove) hereunder give rise to a non-exempt prohibited transaction within the meaning of Section 406 of ERISA or Section 4975 of the Code.
Appears in 2 contracts
Samples: Loan Agreement (Myers Industries Inc), Loan Agreement (Myers Industries Inc)
Plan Assets; Prohibited Transactions. The Company and its Subsidiaries have not engaged in any prohibited transaction within the meaning of Section 4.06 406 of ERISA or Section 4975 of the Code which could result in any material liability; and neither the execution of this Agreement nor the making of Credit Extensions Loans (assuming that the Lenders do not fund any of the Credit Extensions Loans with any “"plan assets” " as defined in ERISAabove) hereunder give rise to a non-exempt prohibited transaction within the meaning of Section 406 of ERISA or Section 4975 of the Code.
Appears in 2 contracts
Samples: Loan Agreement (Myers Industries Inc), Loan Agreement (Myers Industries Inc)
Plan Assets; Prohibited Transactions. The Company and its Subsidiaries have not engaged in any prohibited transaction within the meaning of Section 4.06 406 of ERISA or Section 4975 of the Code which could result in any material liability; and neither the execution of this Agreement nor the making of Credit Extensions Loans (assuming that the Lenders do not fund any of the Credit Extensions Loans with any “plan assets” as defined in ERISAabove) hereunder give rise to a non-exempt prohibited transaction within the meaning of Section 406 of ERISA or Section 4975 of the Code.
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Plan Assets; Prohibited Transactions. The Company and its Subsidiaries have not engaged in any prohibited transaction within the meaning of Section 4.06 406 of ERISA or Section 4975 of the Code which could result in any material liability; and neither the execution of this Agreement nor the making of Credit Extensions Loans (assuming that the Lenders do not fund any of the Credit Extensions Loans with any “"plan assets” " as defined in ERISAabove) hereunder give rise to a non-exempt prohibited transaction within the meaning of Section 406 of ERISA or Section 4975 of the Code.. 5.15
Appears in 1 contract
Plan Assets; Prohibited Transactions. The Company and its Subsidiaries have not engaged in any prohibited transaction within the meaning of Section 4.06 406 of ERISA or Section 4975 of the Code which could result in any material liability; and neither the execution of this Agreement nor the making of Credit Extensions Loans (assuming that the Lenders do not fund any of the Credit Extensions Loans with any “"plan assets” as defined in ERISA) hereunder give rise to a non-exempt prohibited transaction within the meaning of Section 406 of ERISA or Section 4975 of the Code." as
Appears in 1 contract
Plan Assets; Prohibited Transactions. The Company and its Significant Subsidiaries have not engaged in any prohibited transaction within the meaning of Section 4.06 of ERISA or Section 4975 of the Code which could result in any material liability; and neither the execution of this Agreement nor the making of Credit Extensions (assuming that the Lenders do not fund any of the Credit Extensions with any “"plan assets” " as defined in ERISA) hereunder give rise to a non-exempt prohibited transaction within the meaning of Section 406 of ERISA or Section 4975 of the Code.
Appears in 1 contract
Samples: Loan Agreement (Kelly Services Inc)
Plan Assets; Prohibited Transactions. The Company and its Significant Subsidiaries have not engaged in any prohibited transaction within the meaning of Section 4.06 of ERISA or Section 4975 of the Code which could result in any material liability; and neither the execution of this Agreement nor the making of Credit Extensions (assuming that the Lenders do not fund any of the Credit Extensions with any “plan assets” as defined in ERISA) hereunder give rise to a non-exempt prohibited transaction within the meaning of Section 406 of ERISA or Section 4975 of the Code.
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