Common use of Prohibited ERISA Transaction Clause in Contracts

Prohibited ERISA Transaction. As soon as possible, and in any event within thirty (30) days, after a Responsible Official of Borrower, the REIT or any ERISA Affiliate of any of them knows that a prohibited transaction (defined in Section 406 of ERISA and Section 4975 of the Code and which is not subject to a statutory or prohibited transaction class exemption) has occurred, a statement of a Responsible Official of the REIT describing such transaction.

Appears in 4 contracts

Samples: Term Loan Agreement (Arden Realty Limited Partnership), Credit Agreement (Arden Realty Inc), Term Loan Agreement (Arden Realty Limited Partnership)

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Prohibited ERISA Transaction. As soon as possible, and in any event within thirty (30) days, after a Responsible Official of Borrower, the REIT or any ERISA Affiliate of any of them knows that a prohibited transaction (defined in Section 406 of ERISA and Section 4975 of the Code and which is not subject to a statutory or prohibited transaction class exemption) has occurred, a statement of a Responsible Official the chief financial officer of the REIT describing such transaction.

Appears in 4 contracts

Samples: Credit Agreement (Arden Realty Inc), Credit Agreement (Arden Realty Inc), Revolving Credit Agreement (Arden Realty Inc)

Prohibited ERISA Transaction. As soon as possible, and in any event within thirty (30) days, after a Responsible Official of Borrower, any UPP Subpartnership, the REIT or any ERISA Affiliate of any of them knows or has reason to know that a prohibited transaction (defined in Section 406 of ERISA and Section 4975 of the Code and which is not subject to a statutory or prohibited transaction class exemptionInternal Revenue Code) has occurredoccurred that is reasonably likely to cause a material liability to Borrower or the REIT, a statement of a Responsible Official the chief financial officer of the REIT describing such transaction.

Appears in 2 contracts

Samples: Credit Agreement (Spieker Properties Inc), Credit Agreement (Spieker Properties Inc)

Prohibited ERISA Transaction. As soon as possible, and in any event within thirty (30) days, after a Responsible Official of Borrower, the REIT Borrower or any ERISA Affiliate of any of them knows that a prohibited transaction (defined in Section 406 of ERISA and Section 4975 of the Code and which is not subject to a statutory or prohibited transaction class exemptionInternal Revenue Code) has occurred, a statement of a Responsible Official the chief financial officer of the REIT Borrower describing such transaction.

Appears in 1 contract

Samples: Credit Agreement (Uni Invest Usa LTD)

Prohibited ERISA Transaction. As soon as possible, and in any event within thirty (30) days, after a Responsible Official of Borrower, the REIT Borrower or any ERISA Affiliate of any of them knows that a prohibited transaction (defined in Section 406 of ERISA and Section 4975 of the Code and which is not subject to a statutory or prohibited transaction class exemption) has occurred, a statement of a Responsible Official the chief financial officer of the REIT Borrower describing such transaction.

Appears in 1 contract

Samples: Revolving Credit Agreement (Price Enterprises Inc)

Prohibited ERISA Transaction. As soon as possible, and in any event within thirty (30) days, after a Responsible Official of Borrower, any Guarantor Subpartnership, the REIT or any ERISA Affiliate of any of them knows that a prohibited transaction (defined in Section 406 of ERISA and Section 4975 of the Code and which is not subject to a statutory or prohibited transaction class exemptionInternal Revenue Code) has occurred, a statement of a Responsible Official the chief financial officer of the REIT describing such transaction.

Appears in 1 contract

Samples: Credit Agreement (Prudential Bache Equitec Real Estate Partnership)

Prohibited ERISA Transaction. As soon as possible, and in any event within ---------------------------- thirty (30) days, after a Responsible Official of Borrower, any Pledgor Subpartnership, the REIT or any ERISA Affiliate of any of them knows or has reason to know that a prohibited transaction (defined in Section 406 of ERISA and Section 4975 of the Code and which is not subject to a statutory or prohibited transaction class exemptionInternal Revenue Code) has occurred, a statement of a Responsible Official the chief financial officer of the REIT describing such transaction.

Appears in 1 contract

Samples: Credit Agreement (Smith Charles E Residential Realty Inc)

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Prohibited ERISA Transaction. As soon as possible, and in any event within thirty (30) 30 days, after a Responsible Official of Borrower, the REIT REIT, or any ERISA Affiliate of any either of them them, knows or has reason to know that a prohibited transaction (defined in Section 406 of ERISA and Section 4975 of the Code and which is not subject to a statutory or prohibited transaction class exemptionInternal Revenue Code) has occurred, a statement of a Responsible Official the chief executive officer or chief financial officer of the REIT Borrower describing such transaction.

Appears in 1 contract

Samples: Credit Agreement (Paragon Group Inc)

Prohibited ERISA Transaction. As soon as possible, and in any event within thirty (30) days, after a Responsible Official of Borrower, the REIT or any ERISA Affiliate of any of them Borrower, knows or has reason to know that a prohibited transaction (defined in Section 406 of ERISA and Section 4975 of the Code and which is not subject to a statutory or prohibited transaction class exemptionInternal Revenue Code) has occurred, a statement of a Responsible Official the chief financial officer of the REIT Borrower describing such transaction.

Appears in 1 contract

Samples: Credit Agreement (Pacific Gulf Properties Inc)

Prohibited ERISA Transaction. As soon as possible, and in any event within thirty (30) days, after a Responsible Official of Borrower, the REIT Borrower or any ERISA Affiliate of any of them knows that a prohibited transaction (defined in -63- 70 Section 406 of ERISA and Section 4975 of the Code and which is not subject to a statutory or prohibited transaction class exemption) has occurred, a statement of a Responsible Official the chief financial officer of the REIT Borrower describing such transaction.

Appears in 1 contract

Samples: Revolving Credit Agreement (Price Enterprises Inc)

Prohibited ERISA Transaction. As soon as possible, and in any event within thirty (30) days, after a Responsible Official of Borrower, the REIT any Guarantor or any ERISA Affiliate of any of them knows or has reason to know that a prohibited transaction (defined in Section 406 of ERISA and Section 4975 of the Code and which is not subject to a statutory or prohibited transaction class exemptionInternal Revenue Code) has occurred, a statement of a Responsible Official the chief financial officer of the REIT Borrower describing such transaction.

Appears in 1 contract

Samples: Credit Agreement (Excel Realty Trust Inc)

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