Common use of No Plan Assets Clause in Contracts

No Plan Assets. As of the date hereof and throughout the term of the Loan (a) 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, (b) 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, (c) Borrower is not and will not be a “governmental plan” within the meaning of Section 3(32) of ERISA, and (d) transactions by or with Borrower are not and will not be subject to any state statute regulating investments of, or fiduciary obligations with respect to, governmental plans.

No Plan Assets. As of the date hereof and throughout the term of the Loan (a) 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, (b) Borrower is not and will not be a “governmental plan” within the meaning of Section 3(32) of ERISA, (c) transactions by or with Borrower are not and will not be subject to any state statute regulating investments of, or fiduciary obligations with respect to, governmental plans; and (d) 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, (c) Borrower is not and will not be a “governmental plan” within the meaning of Section 3(32) of ERISA, and (d) transactions by or with Borrower are not and will not be subject to any state statute regulating investments of, or fiduciary obligations with respect to, governmental plans.

No Plan Assets. As of the date hereof and throughout the term of the Loan (a) Borrower is the Credit Parties are not and will not be an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, (b) 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, (c) Borrower is Credit Parties are not and will not be a “governmental plan” within the meaning of Section 3(32) of ERISA, ERISA and (d) transactions by or with Borrower the Credit Parties are not and will not be subject to any state statute statutes regulating investments investment of, or and fiduciary obligations with respect to, governmental plans.

No Plan Assets. As of the date hereof and throughout the entire term of the Loan loan evidenced by the Note and this Instrument (athe "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, (bii) 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, (ciii) Borrower is not and will not be a “"governmental plan” " within the meaning of Section 3(32) of ERISA, and (div) transactions by or with Borrower are not and will not be subject to any state statute statutes regulating investments investment of, or and fiduciary obligations with respect to, governmental plans.

No Plan Assets. As of the date hereof and throughout the term of the Loan (a) Borrower does not sponsor, is not obligated to contribute to and is not and will not be an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, (b) 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, as amended by Section 3(42) of ERISA, (c) Borrower is not and will not be or constitute the assets of a “governmental plan” within the meaning of Section 3(32) of ERISA, and (d) except as may be affected by the acts or status of Lender, transactions by or with Borrower are not and will not be subject to any state statute statute, rule or regulation regulating investments investment of, or fiduciary obligations with respect to, governmental plans.

No Plan Assets. As of the date hereof and throughout the term of the Loan Term (ai) 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, (bii) 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, (ciii) no Borrower is not and or will not be a “"governmental plan” " within the meaning of Section 3(32) of ERISA, and (div) transactions by or with any Borrower are not and will not be subject to any state statute statutes regulating investments investment of, or and fiduciary obligations with respect to, governmental plans.

No Plan Assets. As of the date hereof and throughout during the term of the Loan (a) Loan, Borrower is not and will not be an “employee benefit plan,” as defined in Section 3(3) of ERISAa Plan, subject to Title I of ERISA, (b) and none of the assets of Borrower constitutes constitute or will constitute “plan assetsPlan Assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3-101Plans. In addition, (ca) Borrower is not and will not be a “governmental plan” within the meaning of Section 3(32) of ERISA, ERISA and (db) transactions by or with Borrower are not and will not be subject to any state statute State statutes regulating investments investment of, or and fiduciary obligations with respect to, governmental plansplans that are similar to the provisions of Section 406 of ERISA or Section 4975 of the Code, which prohibit or otherwise restrict the transactions contemplated by this Agreement.

No Plan Assets. As of the date hereof and throughout the term of the Loan (a) 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, (b) and 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. In addition, (ci) Borrower is not and will not be a “"governmental plan” " within the meaning of Section 3(32) of ERISA, ERISA and (dii) to Borrower's actual knowledge, without investigation, transactions by or with Borrower are not and will not be subject to any state statute statutes regulating investments investment of, or and fiduciary obligations with respect to, governmental plans.

No Plan Assets. As of the date hereof and throughout the term of the Loan (a) Borrower is not and nor will not be an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, (b) Borrower is not nor will be a “governmental plan” within the meaning of Section 3(32) of ERISA, (c) no transactions by or with Borrower are nor will be subject to any state statute regulating investments of, or fiduciary obligations with respect to, governmental plans; and (d) 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, (c) Borrower is not and will not be a “governmental plan” within the meaning of Section 3(32) of ERISA, and (d) transactions by or with Borrower are not and will not be subject to any state statute regulating investments of, or fiduciary obligations with respect to, governmental plans.

No Plan Assets. As of the date hereof and throughout the term of the Loan (a) 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, (b) 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, (c) Borrower is not and will not be a “governmental plan” within the meaning of Section 3(32) of ERISA, ERISA and (d) transactions by or with Borrower are not and will not be subject to any state statute statutes regulating investments investment of, or and fiduciary obligations with respect to, governmental plans.

No Plan Assets. As of the date hereof and throughout the term of the Loan loan (a) 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, (b) 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, (c) Borrower is not and will not be a “governmental plan” within the meaning of Section 3(32) of ERISA, and (d) transactions by or with Borrower are not and will not be subject to any state statute regulating investments of, or fiduciary obligations with respect to, governmental plans.

No Plan Assets. As of the date hereof and throughout the term of the Loan (a) 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, (b) 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, (c) Borrower is not and will not be a “"governmental plan” " within the meaning of Section 3(32) of ERISA, and (d) transactions by or with Borrower are not and will not be subject to any state statute regulating investments of, or fiduciary obligations with respect to, governmental plans.

No Plan Assets. As of the date hereof and throughout the term of the Loan Term (ai) 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, (bii) 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, (ciii) Borrower is not and will not be a “governmental plan” within the meaning of Section 3(32) of ERISA, and (div) transactions by or with Borrower are not and will not be subject to any state statute statutes regulating investments investment of, or and fiduciary obligations with respect to, governmental plans.

No Plan Assets. As of the date hereof and throughout the term of the Loan loan (a) Borrower is not and will not be an “"employee benefit plan,” " as defined in Section 3(3) of ERISA, subject to Title I 1 of ERISA, (b) 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. CFR Section 2510.3-101, (c) Borrower is not and will not be a “"governmental plan” " within the meaning of Section 3(32) of ERISA, and (d) transactions by or with Borrower are not and will not be subject to any state statute regulating investments of, or fiduciary obligations with respect to, governmental plans.

No Plan Assets. As of the date hereof and throughout the term of the Loan Loan, (a) 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, (b) none of the assets of any Borrower constitutes constitute or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3-101, (c) no Borrower is not and or will not be a “governmental plan” within the meaning of Section 3(32) of ERISA, and (d) transactions by or with any Borrower are not and will not be subject to any state statute statutes regulating investments investment of, or and fiduciary obligations with respect to, governmental plans.

No Plan Assets. As of the date hereof and throughout the term of the Loan Term (ai) no Borrower is not is, and will not be be, an “employee benefit plan,” as defined in Section 3(3) of ERISA, subject to Title I of ERISA, (bii) none of the assets of any Borrower constitutes constitute or will constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3-101, (ciii) no Borrower is not is, and will not be be, a “governmental plan” within the meaning of Section 3(32) of ERISA, and (div) transactions by or with any Borrower are not and will not be subject to any state statute statutes regulating investments investment of, or and fiduciary obligations with respect to, governmental plans.

No Plan Assets. As of the date hereof and throughout the term of the Loan (a) 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, (b) 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, (c) Borrower is not and will not be a “"governmental plan” " within the meaning of Section 3(32) of ERISA, and (d) transactions by or with Borrower are not and will not be subject to any state statute statutes regulating investments investment of, or and fiduciary obligations with respect to, governmental plans.

No Plan Assets. As of the date hereof and throughout the entire term of the Loan loan evidenced by the Note and this Instrument (athe "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, (bii) 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, (ciii) Borrower is not and will not be a “"governmental plan” " within the meaning of Section 3(32) of ERISA, and (div) transactions by or with Borrower are not and will not be subject to any state statute statutes regulating investments investment of, or and fiduciary obligations with respect to, governmental plans.

No Plan Assets. As of the date hereof and throughout the term of the Loan Term (ai) each Borrower is not and will not be an “"employee benefit plan,” " as defined in Section SECTION 3(3) of ERISA, subject to Title I of ERISA, (bii) 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 SECTION 2510.3-101, (ciii) each Borrower is not and will not be a “"governmental plan” " within the meaning of Section SECTION 3(32) of ERISA, and (div) transactions by or with any Borrower are not and will not be subject to any state statute statutes regulating investments investment of, or and fiduciary obligations with respect to, governmental plans.

No Plan Assets. As of the date hereof and throughout the term of the Loan Term (ai) 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, (bii) 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, (ciii) no Borrower is not and or will not be a “governmental plan” within the meaning of Section 3(32) of ERISA, and (div) transactions by or with any Borrower are not and will not be subject to any state statute statutes regulating investments investment of, or and fiduciary obligations with respect to, governmental plans.

No Plan Assets. As of the date hereof and throughout the term of the Loan (a) 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, (b) 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, (c) Borrower is not and will not be a “governmental plan” within the meaning of Section 3(32) of ERISAMUSA, and (d) transactions by or with Borrower are not and will not be subject to any state statute regulating investments of, or fiduciary obligations with respect to, governmental plans.

No Plan Assets. As of the date hereof and throughout the term Term (i) none of the Loan (a) Borrower Borrowers is not and will not be an “"employee benefit plan,” " as defined in Section 3(3) of ERISA, subject to Title I of ERISA, (bii) 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, (ciii) Borrower none of Borrowers is not and will not be a “"governmental plan” " within the meaning of Section 3(32) of ERISA, and (div) transactions by or with any Borrower are not and will not be subject to any state statute statutes regulating investments investment of, or and fiduciary obligations with respect to, governmental plans.

No Plan Assets. As of the date hereof and throughout the term of the Loan Term (ai) 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, (bii) none of the assets of Borrower constitutes or will March 31, 2003 constitute “"plan assets” " of one or more such plans within the meaning of 29 C.F.R. Section 2510.3-101, (ciii) Borrower is not and will not be a “"governmental plan” " within the meaning of Section 3(32) of ERISA, and (div) transactions by or with Borrower are not and will not be subject to any state statute statutes regulating investments investment of, or and fiduciary obligations with respect to, governmental plans.

No Plan Assets. As of the date hereof and throughout the term of the Loan Term (ai) each 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, (bii) 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, (ciii) each Borrower is not and will not be a “"governmental plan” " within the meaning of Section 3(32) of ERISA, and (div) transactions by or with any Borrower are not and will not be subject to any state statute statutes regulating investments investment of, or and fiduciary obligations with respect to, governmental plans.

No Plan Assets. As of the date hereof and throughout the term of the Loan Term (ai) 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, (bii) 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, (ciii) Borrower is EAST\53909776.4 not and will not be a “governmental plan” within the meaning of Section 3(32) of ERISA, and (div) transactions by or with Borrower are not and will not be subject to any state statute statutes regulating investments investment of, or and fiduciary obligations with respect to, governmental plans.