The Buyer a. is not an employee benefit or other plan subject to the prohibited transaction provisions of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), or Section 4975 of the Internal Revenue Code of 1986, as amended (the "Code") (a "Plan"), or any other person (including an investment manager, a named fiduciary or a trustee of any Plan) acting, directly or indirectly, on behalf of or purchasing any Certificate with "plan assets" of any Plan; or
The Buyer. (a) is not an employee benefit or other plan subject to the prohibited transaction provisions of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), or Section 4975 of the Internal Revenue Code of 1986, as amended (the "Code") (a "Plan"), or any other person (including an investment manager, a named fiduciary or a trustee of any Plan) acting, directly or indirectly, on behalf of or purchasing any Certificate with "plan assets" of any Plan within the meaning of the Department of Labor ("DOL") regulation at 29 C.F.R. ss. 2510.3-101; or
The Buyer. (the “Buyer”) with a mailing address of ______________________, City of ______________________, State of ______________________.
The Buyer. Notwithstanding anything to the contrary in this Article VII, the Buyer shall not be liable under this Article VII for any Losses resulting from any breach of a representation, warranty, covenant or agreement contained in this Agreement or in any other Buyer Document unless such claim involves Losses in excess of Ten Thousand Dollars ($10,000) or the aggregate amount of all such indemnifable Losses incurred or suffered exceeds Ten Thousand Dollars ($10,000), and then in which case the Buyer shall thereafter be liable for all indemnifiable Losses on a dollar-for-dollar basis without regard to such Threshold.
The Buyer. In the case of the Buyer as Indemnifying Party (i) any breach of any representation or warranty made by the Buyer in this Agreement; or (ii) any breach or violation of any covenant or agreement made by the Buyer in this Agreement.
The Buyer. (a) has evaluated the risks of a purchase of the STOCK and has relied solely upon his counsel and his own investigation of the ISSUER together with the information and representations made by the SELLER contained herein this Agreement and any written information and documents provided to BUYER by the SELLER and/or the ISSUER;
The Buyer i. has evaluated the risks of a purchase of the Securities and has relied solely upon his own investigation of the Company;
The Buyer. As of the date of this Agreement, the authorized capital stock of the Buyer consists of 1000 shares of Common Stock all of which are issued and outstanding. All outstanding shares of the Buyer have been validly issued and are fully paid, non-assessable and free of preemptive rights, and all of such shares are owned, beneficially and of record, by EMI.
