Common use of No Plan Assets Clause in Contracts

No Plan Assets. As of the date hereof and throughout the Term (i) Borrower is not and will not be an “employee benefit plan,” as defined in Section 3(3) of ERISA, (ii) none of the assets of Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3-101, (iii) Borrower is not and will not be a “governmental plan” within the meaning of Section 3(32) of ERISA, and (iv) transactions by or with Borrower are not and will not be subject to state statutes regulating investment of, and fiduciary obligations with respect to, governmental plans. As of the date hereof, neither Borrower, nor any member of a “controlled group of corporations” (within the meaning of Section 414 of the Code) maintains, sponsors or contributes to a “defined benefit plan” (within the meaning of Section 3(35) of ERISA) or a “multiemployer pension plan” (within the meaning of Section 3(37)(A) of ERISA).

No Plan Assets. As of the date hereof and throughout the Term (i) no Borrower is not and or will not be an “"employee benefit plan,” " as defined in Section 3(3) of ERISA, subject to Title I of ERISA, (ii) none of the assets of any Borrower constitutes or will constitute “"plan assets” " of one or more such plans within the meaning of 29 C.F.R. Section 2510.3-101, (iii) no Borrower is not and or will not be a “"governmental plan” " within the meaning of Section 3(32) of ERISA, and (iv) transactions by or with any Borrower are not and will not be subject to state statutes regulating investment of, and fiduciary obligations with respect to, governmental plans. As of the date hereof, neither no Borrower, nor any member of a “"controlled group of corporations” " (within the meaning of Section 414 of the Code) maintains, sponsors or contributes to a “"defined benefit plan” " (within the meaning of Section 3(35) of ERISA) or a “"multiemployer pension plan” " (within the meaning of Section 3(37)(A) of ERISA).

No Plan Assets. As of the date hereof and throughout the Term (ia) Borrower is not and will not be an “employee benefit plan,” as defined in Section 3(3) of ERISA, (iib) none of the assets of Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3-101, (iiic) Borrower is not and will not be a “governmental plan” within the meaning of Section 3(32) of ERISA, and (ivd) transactions by or with Borrower are not and will not be subject to (or are in compliance with) state statutes regulating investment of, and or fiduciary obligations with respect to, governmental plans. As of the date hereof, neither Borrower, nor any member of a “controlled group of corporations” (within the meaning of Section 414 of the Code) maintains, sponsors or contributes to a “defined benefit plan” (within the meaning of Section 3(35) of ERISA) or a “multiemployer pension plan” (within the meaning of Section 3(37)(A) of ERISA).

No Plan Assets. As of the date hereof and throughout the Term (i) Borrower is not and will not (and no Borrower shall) be an “"employee benefit plan,” " as defined in Section 3(3) of ERISA, subject to Title I of ERISA, (ii) none of the assets of any Borrower constitutes or will constitute “"plan assets” " of one or more such plans within the meaning of 29 C.F.R. Section 2510.3-101, (iii) Borrower is not and will not (and no Borrower shall) be a “"governmental plan” " within the meaning of Section 3(32) of ERISA, and (iv) transactions by or with any Borrower are not and will not be subject to state statutes regulating investment of, and fiduciary obligations with respect to, governmental plans. As of the date hereof, neither Borrower, nor any member of a “"controlled group of corporations” " (within the meaning of Section 414 of the Code) maintains, sponsors or contributes to a “"defined benefit plan” " (within the meaning of Section 3(35) of ERISA) or a “"multiemployer pension plan” " (within the meaning of Section 3(37)(A) of ERISA).

No Plan Assets. As of the date hereof and throughout the Term (i) neither Borrower nor Owner is not and or will not be an “employee benefit plan,” as defined in Section 3(3) of ERISA, (ii) none of the assets of Borrower or Owner constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3-101, (iii) neither Borrower nor Owner is not and or will not be a “governmental plan” within the meaning of Section 3(32) of ERISA, and (iv) transactions by or with Borrower or Owner are not and will not be subject to state statutes regulating investment of, and fiduciary obligations with respect to, governmental plans. As of the date hereof, neither Borrower, nor Owner nor any member of a “controlled group of corporations” (within the meaning of Section 414 of the Code) maintains, sponsors or contributes to a “defined benefit plan” (within the meaning of Section 3(35) of ERISA) or a “multiemployer pension plan” (within the meaning of Section 3(37)(A3(37)(a) of ERISA).

No Plan Assets. As of the date hereof and throughout the Term (i) Borrower is not and will not be an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, (ii) none of the assets of Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3-101, (iii) Borrower is not and will not be a “governmental plan” within the meaning of Section 3(32) of ERISA, and (iv) transactions by or with Borrower are not and will not be subject to state statutes regulating investment of, and fiduciary obligations with respect to, governmental plans. As of the date hereof, neither Borrower, nor any member of a “controlled group of corporations” (within the meaning of Section 414 of the Code) maintains, sponsors or contributes to a “defined benefit plan” (within the meaning of Section 3(35) of ERISA) or a “multiemployer pension plan” (within the meaning of Section 3(37)(A) of ERISA).

No Plan Assets. As of the funding date hereof and throughout the Term (i) neither Borrower nor Owner is not and or will not be an “employee benefit plan,” as defined in Section 3(3) of ERISA, (ii) none of the assets of Borrower or Owner constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3-101, (iii) neither Borrower nor Owner is not and or will not be a “governmental plan” within the meaning of Section 3(32) of ERISA, and (iv) transactions by or with Borrower or Owner are not and will not be subject to state statutes regulating investment of, and fiduciary obligations with respect to, governmental plans. As of the date hereoffunding date, neither Borrower, nor Owner nor any member of a “controlled group of corporations” (within the meaning of Section 414 of the Code) maintains, sponsors or contributes to a “defined benefit plan” (within the meaning of Section 3(35) of ERISA) or a “multiemployer pension plan” (within the meaning of Section 3(37)(A3(37)(a) of ERISA).

No Plan Assets. As of the date hereof Closing Date and throughout the Term at all times thereafter (ia) Borrower no Credit Party is not and will not be an “employee benefit plan,” as defined in Section 3(3) of ERISA, ; (iib) none of the assets of Borrower any Credit Party constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3-101, ; (iiic) Borrower is not and will not be a “governmental plan” within the meaning of Section 3(32) of ERISA, ; and (ivd) transactions by or with Borrower are not and will not be subject to state statutes regulating investment of, and fiduciary obligations with respect to, governmental plans. As of the date hereof, neither Borrower, nor any member of a “controlled group of corporations” (within the meaning of Section 414 of the Code) maintains, sponsors or contributes to a “defined benefit plan” (within the meaning of Section 3(35) of ERISA) or a “multiemployer pension plan” (within the meaning of Section 3(37)(A) of ERISA).

No Plan Assets. As of Except as set forth on Schedule 6.16, with respect to the date hereof and throughout the Term Borrower, (i) the Borrower is not and nor will not be an “"employee benefit plan,” " as defined in Section 3(3) of ERISA, (ii) none of the assets of a the Borrower constitutes or will constitute “"plan assets” " of one or more such plans within the meaning of 29 C.F.R. Section 2510.3-101, (iii) the Borrower is not and nor will not be a “"governmental plan” " within the meaning of Section 3(32) of ERISA, and (iv) transactions by or with the Borrower are not and will not be subject to state statutes regulating investment of, and fiduciary obligations with respect to, governmental plans. As of the date hereof, neither Borrower, the Borrower nor any member of a “"controlled group of corporations” " (within the meaning of Section 414 of the Code) maintains, sponsors or contributes to a “"defined benefit plan” " (within the meaning of Section 3(35) of ERISA) or a “"multiemployer pension plan” " (within the meaning of Section 3(37)(A) of ERISA).

No Plan Assets. As of the date hereof Closing Date and throughout the Term at all times thereafter (i) Borrower no Credit Party is not and will not be an “employee benefit plan,” as defined in Section 3(3) of ERISA, (ii) none of the assets of Borrower any Credit Party constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3-101, (iii) Borrower no Credit Party is not and nor will not be a “governmental plan” within the meaning of Section 3(32) of ERISA, and (iv) transactions by or with Borrower Credit Parties are not and will not be subject to state statutes regulating investment of, and fiduciary obligations with respect to, governmental plans. As of the date hereof, neither any Borrower, nor any member of a “controlled group of corporations” (within the meaning of Section 414 of the Code) maintains, sponsors or contributes to a “defined benefit plan” (within the meaning of Section 3(35) of ERISA) or a “multiemployer pension plan” (within the meaning of Section 3(37)(A) of ERISA).

No Plan Assets. As of the date hereof and throughout the Term Term, (i) Borrower is not and will not be an “employee benefit plan,” as defined in Section 3(3) of ERISA, (ii) none of the assets of Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3-1012510.3‑101, (iii) Borrower is not and will not be a “governmental plan” within the meaning of Section 3(32) of ERISA, and (iv) transactions by or with Borrower are not and will not be subject to state statutes regulating investment of, and fiduciary obligations with respect to, governmental plans. As of the date hereof, neither Borrower, nor any member of a “controlled group of corporations” (within the meaning of Section 414 of the Code) maintains, sponsors or contributes to a “defined benefit plan” (within the meaning of Section 3(35) of ERISA) or a “multiemployer pension plan” (within the meaning of Section 3(37)(A) of ERISA).

No Plan Assets. As of Except as set forth on Schedule 6.16, with respect to the date hereof and throughout the Term Borrower, (i) the Borrower is not and nor will not be an “employee benefit plan,” as defined in Section 3(3) of ERISA, (ii) none of the assets of a the Borrower constitutes or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3-101, (iii) the Borrower is not and nor will not be a “governmental plan” within the meaning of Section 3(32) of ERISA, and (iv) transactions by or with the Borrower are not and will not be subject to state statutes regulating investment of, and fiduciary obligations with respect to, governmental plans. As of the date hereof, neither Borrower, the Borrower nor any member of a “controlled group of corporations” (within the meaning of Section 414 of the Code) maintains, sponsors or contributes to a “defined benefit plan” (within the meaning of Section 3(35) of ERISA) or a “multiemployer pension plan” (within the meaning of Section 3(37)(A) of ERISA).

No Plan Assets. As of the date hereof and throughout the Term (i) Borrower is not and will not be an “"employee benefit plan,” " as defined in Section 3(3) of ERISA, subject to Title I of ERISA, (ii) none of the assets of Borrower constitutes or will constitute “"plan assets” " of one or more such plans within the meaning of 29 C.F.R. Section 2510.3-101, (iii) Borrower is not and will not be a “"governmental plan” " within the meaning of Section 3(32) of ERISA, and (iv) transactions by or with Borrower are not and will not be subject to state statutes regulating investment of, and fiduciary obligations with respect to, governmental plans. As of the date hereof, neither Borrower, nor any member of a “"controlled group of corporations” " (within the meaning of Section 414 of the Code) maintains, sponsors or contributes to a “"defined benefit plan” " (within the meaning of Section 3(35) of ERISA) or a “"multiemployer pension plan” " (within the meaning of Section 3(37)(A) of ERISA).