Common use of Based on ERISA Considerations Clause in Contracts

Based on ERISA Considerations. The Manager may, at any time, cause the Company to purchase all or any portion of the Shares owned by a Member whose assets are governed by Title I of the Employee Retirement Income Security Act of 1974, Code section 4975, or any similar Federal, State, or local law, if the Manager determines that all or any portion of the assets of the Company would, in the absence of such purchase, more likely than not be treated as “plan assets” or otherwise become subject to such laws.

Appears in 10 contracts

Samples: Limited Liability Company Agreement (Concreit Fund I LLC), Limited Liability Company Agreement (Magfast LLC), Limited Liability Company Agreement (Concreit Fund I LLC)

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Based on ERISA Considerations. The Manager may, at any time, cause the Company to purchase all or any portion of the Investor Shares owned by a Member whose assets are governed by Title I of the Employee Retirement Income Security Act of 1974, Code section 4975, or any similar Federal, State, or local law, if the Manager determines that all or any portion of the assets of the Company would, in the absence of such purchase, more likely than not be treated as “plan assets” or otherwise become subject to such laws.

Appears in 9 contracts

Samples: Limited Liability Company Agreement (Nv Reit LLC), Limited Liability Company Agreement (Nv Reit LLC), Limited Liability Company Agreement (Energea Portfolio 3 Africa LLC)

Based on ERISA Considerations. The Manager may, at any time, cause the Company to purchase all or any portion of the Investor Shares owned by a Member whose assets are governed by Title I of the Employee Retirement Income Security Act of 1974, Code section 4975, or any similar Federal, State, or local law, if the Manager determines that all or any portion of the assets of the Company would, in the absence of such purchase, more likely than not be treated as "plan assets" or otherwise become subject to such laws.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Energea Portfolio 2 LLC), Limited Liability Company Agreement (Energea Portfolio 3 Africa LLC), Limited Liability Company Agreement

Based on ERISA Considerations. The Manager may, at any time, cause the Company to purchase all or any portion of the Investor Shares owned by a Member whose assets are governed by Title I of the Employee Retirement Income Security Act of 1974, Code section 4975, or any similar Federal, State, or local law, if the Manager determines that all or any portion of the assets of the Company would, in the absence of such purchase, more likely than not be treated as “plan assets” or otherwise become subject to such laws.. P a g e | 17

Appears in 2 contracts

Samples: Limited Liability Company Agreement (DF Growth REIT, LLC), Limited Liability Company Agreement (DF Growth REIT, LLC)

Based on ERISA Considerations. The Manager may, at any time, cause the Company to purchase all or any portion of the Investor Shares owned by a an Investor Member whose assets are governed by Title I of the Employee Retirement Income Security Act of 1974, Code section 4975, or any similar Federal, State, or local law, if the Manager determines that all or any portion of the assets of the Company would, in the absence of such purchase, more likely than not be treated as “plan assets” or otherwise become subject to such laws.. P a g e | 18

Appears in 2 contracts

Samples: Limited Liability Company Agreement (DF Growth REIT II, LLC), Limited Liability Company Agreement (DF Growth REIT II, LLC)

Based on ERISA Considerations. The Manager may, at any time, cause the Company to purchase all or any portion of the Common Shares owned by a an Member whose assets are governed by Title I of the Employee Retirement Income Security Act of 1974, Code section 4975, or any similar Federal, State, or local law, if the Manager determines that all or any portion of the assets of the Company would, in the absence of such purchase, more likely than not be treated as “plan assets” or otherwise become subject to such laws.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Multi-Housing Income REIT, LLC), Limited Liability Company Agreement (Multi-Housing Income REIT, Inc.)

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Based on ERISA Considerations. The Manager may, at any time, cause the Company to purchase all or any portion of the Investor Shares owned by a an Investor Member whose assets are governed by Title I of the Employee Retirement Income Security Act of 1974, Code section 4975, or any similar Federal, State, or local law, if the Manager determines that all or any portion of the assets of the Company would, in the absence of such purchase, more likely than not be treated as “plan assets” or otherwise become subject to such laws.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Value Add Growth REIT IV, LLC), Limited Liability Company Agreement

Based on ERISA Considerations. The Manager may, at any time, cause the Company to purchase all or any portion of the Class A Shares owned by a Member whose assets are governed by Title I of the Employee Retirement Income Security Act of 1974, Code section 4975, or any similar Federal, State, or local law, if the Manager determines that all or any portion of the assets of the Company would, in the absence of such purchase, more likely than not be treated as “plan assets” or otherwise become subject to such laws.. P a g e | 20

Appears in 1 contract

Samples: Limited Liability Company Agreement (Mysk Orlando Growth Fund LLC)

Based on ERISA Considerations. The Manager may, at any time, cause the Company to purchase all or any portion of the Class A Shares owned by a Member whose assets are governed by Title I of the Employee Retirement Income Security Act of 1974, Code section 4975, or any similar Federal, State, or local law, if the Manager determines that all or any portion of the assets of the Company would, in the absence of such purchase, more likely than not be treated as “plan assets” or otherwise become subject to such laws.

Appears in 1 contract

Samples: Investment Agreement

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