Common use of The Purchaser represents Clause in Contracts

The Purchaser represents. (i) The Purchaser represents either (i) it is not, and is not directly or indirectly acquiring the Certificates for, on behalf of, or with any assets of, an employee benefit plan or other arrangement subject to Title I of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), a plan subject to Section 4975 of the Internal Revenue Code of 1986, as amended (the "Code"), or a plan or other arrangement subject to any provisions under any federal, state, local, non-U.S. or other laws or regulations that are substantively similar to the foregoing provisions of ERISA or the Code ("Similar Law"), or (ii) solely with respect to the Class C and Class P Certificates, it is a plan that is not subject to ERISA or Section 4975 of the Code, and that is acquisition and holding of the Certificates or any interest therein, throughout the period that it holds the Certificates, will not constitute or result in a violation of Similar Law, and will not subject the Depositor, the Indenture Trustee, the Issuing Entity, the Owner Trustee, the Securities Administrator, the Master Servicer or the Servicers to any obligation in addition to those undertaken by such entities in the Trust Agreement; and (ii) the Purchaser is familiar with the prohibited transaction restrictions and fiduciary responsibility requirements of Sections 406 and 407 of ERISA and Section 4975 of the Code and understands that each of the parties to which this certification is made is relying and will continue to rely on the statements made in this paragraph 6.

The Purchaser represents. (i) that either (a) or (b) is satisfied, as marked below: ____ a. the meaning of the Department of Labor regulation promulgated at 29 C.F.R. Section 2510.3-101; or ____ b. The Purchaser represents either will provide the Company, the Owner Trustee, the Certificate Registrar and the Master Servicer with either: (ix) it is notan opinion of counsel, and is not directly or indirectly acquiring the Certificates for, on behalf of, or with any assets of, an employee benefit plan or other arrangement subject to Title I of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), a plan subject to Section 4975 of the Internal Revenue Code of 1986, as amended (the "Code"), or a plan or other arrangement subject to any provisions under any federal, state, local, non-U.S. or other laws or regulations that are substantively similar satisfactory to the foregoing provisions of ERISA or Company, the Code ("Similar Law")Owner Trustee, or (ii) solely with respect the Certificate Registrar and the Master Servicer, to the Class C and Class P Certificates, it is a plan effect that is not subject to ERISA or Section 4975 of the Code, and that is acquisition purchase and holding of a Certificate by or on behalf of the Certificates or any interest therein, throughout the period that it holds the CertificatesPurchaser is permissible under applicable law, will not constitute or result in a violation prohibited transaction under Section 406 of Similar Law, ERISA or Section 4975 of the Code (or comparable provisions of any subsequent enactments) and will not subject the Depositor, the Indenture Trustee, the Issuing EntityCompany, the Owner Trustee, the Securities AdministratorTrust, the Certificate Registrar or the Master Servicer or the Servicers to any obligation or liability (including liabilities under ERISA or Section 4975 of the Code) in addition to those undertaken by in the Trust Agreement, which opinion of counsel shall not be an expense of the Company, the Owner Trustee, the Trust, the Certificate Registrar or the Master Servicer; or (y) in lieu of such entities opinion of counsel, a certification in the form of Exhibit G to the Trust Agreement; and (ii) the Purchaser is familiar with the prohibited transaction restrictions and fiduciary responsibility requirements of Sections 406 and 407 of ERISA and Section 4975 of the Code and understands that each of the parties to which this certification is made is relying and will continue to rely on the statements made in this paragraph 6.