Benefit Plan Investor Status Sample Clauses

Benefit Plan Investor Status. The subscriber is or is not a “Benefit Plan Investor” as defined in paragraph 7 above.

Benefit Plan Investor Status. Except as otherwise specified on the Subscriber’s signature page to this Agreement, the Subscriber is not a “benefit plan investor” (as such term is defined in 29 C.F.R. 2510.3-101(f)(2)). If the Subscriber is a benefit plan investor, the plan participants are not permitted to decide whether or how much to invest in particular investment alternatives, and if the Subscriber is a collective investment vehicle, the plans participating therein do not direct the specific investments made by the Subscriber.

Benefit Plan Investor Status. I am not, and am not acting (directly or indirectly) on behalf of, any of the following: o An employee benefit plan (within the meaning of Section 3(3) of the Employee Retirement Income Security Act (“ERISA”)), whether or not the plan is subject to Title I of ERISA; a plan, individual retirement account or other arrangement that is subject to Section 4975 of the Internal Revenue Code (“Code”); a “benefit plan investor” within the meaning of 29 C.F.R. Section 2510.3-101; a “governmental plan” within the meaning of Section 3(32) of ERISA; or a person that is deemed to hold “plan assets” under the ERISA plan assets regulations, and consequently subject to regulation under ERISA. (1) Based on this definition, an insurance company using general account assets may be deemed to include the assets of a benefit plan investor, pursuant to Section 401(c) of ERISA. For example, plans that are maintained by a foreign corporation, a governmental entity or a church are employee benefit plans within the meaning of Section 3(3) of ERISA but generally are not subject to Title I of ERISA or Section 4975 of the Code. o A “benefit plan investor” based on the immediately preceding item, that is subject to Title I of ERISA or Section 4975 of the Code.

Benefit Plan Investor Status. I am not, and am not acting (directly or indirectly) on behalf of, any of the following: o An employee benefit plan (within the meaning of Section 3(3) of the Employee Retirement Income Security Act (“ERISA”)), whether or not the plan is subject to Title I of ERISA; a plan, individual retirement account or other arrangement that is subject to Section 4975 of the Internal Revenue Code (“Code”); a “benefit plan investor” within the meaning of 29 C.F.R. Section 2510.3-101; a “governmental plan” within the meaning of Section 3(32) of ERISA; or a person that is deemed to hold “plan assets” under the ERISA plan assets regulations, and consequently subject to regulation under ERISA. o An entity 25% or more of the value of any class of equity of which is held by entities described in the paragraph above; provided that for purposes of making the determination, the value of any equity interest held by a person (other than an entity described in the beginning of this item) who has discretionary authority or control with respect to the assets of the entity or a person who provides investment advice for a fee (direct or indirect) with respect to those assets, or any affiliate of that person, will be disregarded.(1) o A “benefit plan investor” based on the immediately preceding item, that is subject to Title I of ERISA or Section 4975 of the Code.

Benefit Plan Investor Status. I represent and warrant that the Subscriber is not, and neither I nor the Subscriber is acting (directly or indirectly) on behalf of, any of the following: ☐ An employee benefit plan (within the meaning of Section 3(3) of the Employee Retirement Income Security Act (“ERISA”)), whether or not the plan is subject to Title I of ERISA; a plan, individual retirement account or other arrangement that is subject to Section 4975 of the Internal Revenue Code (“Code”); a “benefit plan investor” within the meaning of 29 C.F.R. Section 2510.3-101; a “governmental plan” within the meaning of Section 3(32) of ERISA; or a person that is deemed to hold “plan assets” under the ERISA plan assets regulations, and consequently subject to regulation under ERISA. _________________________ 10 For purposes of this paragraph, “net worth” must be calculated as set forth in Rule 501(a) under the Securities Act of 1933, as amended. In general, “net worth” means the excess of total assets at fair market value over total liabilities. For the purposes of determining “net worth,” the primary residence owned by an individual shall be excluded as an asset. Any liabilities secured by the primary residence should be included in total liabilities only if and to the extent that: (1) such liabilities exceed the fair market value of the residence; or (2) such liabilities were incurred within 60 days before the sale of the Securities (other than as a result of the acquisition of the primary residence). 11 For purposes of this paragraph, “annual income” must be calculated as set forth in Rule 501(a) under the Securities Act of 1933, as amended, which requires natural persons to consider their income in the two most recent years and a reasonable expectation of income for the current year. 12 To be included in form presented to subscriber for execution if subscriber makes applicable representation in invest flow.

Benefit Plan Investor Status. The Subscriber is not a “benefit plan investor” (as such term is defined in 29 C.F.R. §2510.3-101(f)(2)).

Benefit Plan Investor Status. Either Purchaser is not a “benefit plan investor” (as such term is defined in 29 C.F.R. 2510.3-101(f)(2)) or, if Purchaser is a benefit plan investor, the plan participants are not permitted to decide whether or how much to invest in particular investment alternatives, and if Purchaser is a collective investment vehicle, the plans participating therein do not direct the specific investments made by Purchaser.

Benefit Plan Investor Status. I represent and warrant that the Subscriber is not, and neither I nor the Subscriber is acting (directly or indirectly) on behalf of, any of the following (select all that do NOT apply): ☐ An employee benefit plan (within the meaning of Section 3(3) of the Employee Retirement Income Security Act ("ERISA")), whether or not the plan is subject to Title I of ERISA; a plan, individual retirement account or other arrangement that is subject to Section 4975 of the Internal Revenue Code ("Code"); a "benefit plan investor" within the meaning of 29 C.F.R. Section 2510.3-101; a "governmental plan" within the meaning of Section 3(32) of ERISA; or a person that is deemed to hold "plan assets" under the ERISA plan assets regulations, and consequently subject to regulation under ERISA. ☐ An entity 25% or more of the value of any class of equity of which is held by entities described in the paragraph above; provided that for purposes of making the determination, the value of any equity interest held by a person (other than an entity described in the beginning of this item) who has discretionary authority or control with respect to the assets of the entity or a person who provides investment advice for a fee (direct or indirect) with respect to those assets, or any affiliate of that person, will be disregarded.

Benefit Plan Investor Status. The Subscriber is / is not (please initial as appropriate) a “benefit plan investor.” The term “benefit plan investor” is defined by the U.S. Employee Retirement Income Security Act of 1974, as amended (“ERISA”), to include (i) any employee benefit plan that is subject to the fiduciary responsibility standards and prohibited transaction restrictions of part 4 of Title I of ERISA, (ii) any plan to which Section 4975 of the U.S. Internal Revenue Code of 1986, as amended (the “Code”), applies, and (iii) a private investment fund or other entity whose assets are treated as “plan assets” for purposes of ERISA and Section 4975 of the Code. In addition, assets of the general account of an insurance company may, in certain circumstances, be treated as “plan assets” for purposes of ERISA and Section 4975 of the Code. If the Subscriber is a benefit plan investor, it is of the type described below (please initial appropriate line): The Subscriber is an employee benefit plan subject to part 4 of Title I of ERISA (an “ERISA Investor”). The Subscriber is an individual retirement account, Xxxxx plan (covering only self- employed individuals and their respective spouses), or other employee benefit plan not subject to Title I of ERISA but to which Section 4975 of the Code applies (a “4975 Investor”). The Subscriber is a private investment fund not registered under the Investment Company Act or the Securities Act whose assets are treated as “plan assets” for purposes of ERISA and Section 4975 of the Code (also an “ERISA Investor”). The Subscriber hereby certifies that less than % (please fill in applicable percentage) of any class of equity interests in the Subscriber are held by benefit plan investors as defined in Section 3(42) of ERISA. If at any time the percentage of the Subscriber’s assets that are treated as “plan assets” for purposes of ERISA or Section 4975 of the Code equals or exceeds the percentage indicated in the preceding sentence, the Subscriber agrees to provide written notice to the General Partner of the revised percentage promptly in writing. The Subscriber is a group trust fund exempt from U.S. federal taxation under Internal Revenue Service Revenue Ruling 81-100, a common or collective trust fund of a bank, or a separate account of an insurance company (also an “ERISA Investor”). The Subscriber acknowledges that the General Partner intends to treat all of the assets of such fund or account that are invested in the Partnership as “plan assets” for purpo...

Benefit Plan Investor Status. Purchaser is not: (a) an employee benefit plan (within the meaning of Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”)) that is subject to Title I of ERISA; a plan, individual retirement account or other arrangement that is subject to Section 4975 of the Code (defined below); or a person or entity that is deemed to hold “plan assets” by reason of an employee benefit plan’s investment in such person or entity within the meaning of 29 C.F.R. 2510.3-101, as modified by Section 3(42) of ERISA (collectively, the “Plan Asset Regulation”) (each, a “Benefit Plan Investor”); (b) an entity 25% or more of the value of any class of equity of which is held by Benefit Plan Investors; provided, that for purposes of making such determination, the value of any equity interest held by a person (other than a Benefit Plan Investor) who has discretionary authority or control with respect to the assets of Seller or provides investment advice for a fee (direct or indirect) with respect to those assets, or any affiliate of such person (within the meaning of the Plan Asset Regulation), will be disregarded; or (c) a governmental plan (as defined in Section 3(32) of ERISA), non-U.S. plan (as defined in Section 4(b)(4) of ERISA), church plan (as defined in Section 3(33) of ERISA) or other plan that (a) is not subject to Title I of ERISA or the provisions of Section 4975 of the Code, but is subject to other applicable federal, state, local, non-U.S. or other law or regulation that are substantially similar to the foregoing provisions of ERISA and the Code (“Similar Laws”); or (b) is subject to any federal, state, local, non-U.S. or other law or regulation that could cause the underlying assets of Seller to be treated as assets of the investor in any Token (or interest therein) by virtue of its interest and thereby subject Seller to Similar Laws.