Common use of Disclosures and Restrictions Regarding Benefit Plan Investors Clause in Contracts

Disclosures and Restrictions Regarding Benefit Plan Investors. Each Investor that is a “benefit plan investor” (defined as any Plan and any entity (“Plan Assets Entity”) deemed for any purpose of ERISA or Section 4975 of the Code to hold assets of any Plan) represents that the individual signing the Subscription Agreement on behalf of such Investor has disclosed such Investor’s status as a benefit plan investor by accurately responding to the applicable questions in the Subscription Agreement. Each Investor that is not a “benefit plan investor” represents and agrees that if at a later date such Investor becomes a benefit plan investor, such Investor will immediately notify the Sponsor of such change of status. In addition, each Plan Assets Entity agrees to promptly provide information to the Sponsor, upon the Sponsor’s reasonable request, regarding the percentage of the Plan Assets Entity’s equity interests held by benefit plan investors. Notwithstanding anything herein to the contrary, the Sponsor, on behalf of this FuturesAccess Fund, may take any and all action including, but not limited to, refusing to admit persons as Investors or refusing to accept additional capital contributions, and requiring the withdrawal of the Units of any Investor in accordance with Section 3.04 hereof, as may be necessary or desirable to assure that at all times less than twenty-five percent (25%) of the total value of each “class of equity interests in this FuturesAccess Fund,” as determined pursuant to United States Department of Labor Regulation Section 2510.3-101 and Section 3(42) of ERISA, is held by benefit plan investors (not including the investments of the Sponsor, the Trading Advisor, any member of the Board of Managers of the Sponsor, any person who provides investment advice for a fee (direct or indirect) with respect to this FuturesAccess Fund and individuals and entities (other than benefit plan investors) that are “affiliates,” as such term is defined in the applicable regulation promulgated under ERISA, of any such person) or to otherwise prevent this FuturesAccess Fund from holding “plan assets” under Section 3(42) of ERISA.

Disclosures and Restrictions Regarding Benefit Plan Investors. Each Investor that is a “benefit plan investor” (defined as any Plan and any entity (“Plan Assets Entity”) deemed for any purpose of ERISA or Section 4975 of the Code to hold assets of any Plan) represents that the individual signing the Subscription Agreement on behalf of such Investor has disclosed such Investor’s status as a benefit plan investor by accurately responding to the applicable questions in the Subscription Agreement. Each Investor that is not a “benefit plan investor” represents and agrees that if at a later date such Investor becomes a benefit plan investor, such Investor will immediately notify the Sponsor of such change of status. In addition, each Plan Assets Entity agrees to promptly provide information to the Sponsor, upon the Sponsor’s reasonable request, regarding the percentage of the Plan Assets Entity’s equity interests held by benefit plan investors. Notwithstanding anything herein to the contrary, the Sponsor, on behalf of this FuturesAccess Fund, may take any and all action including, but not limited to, refusing to admit persons as Investors or refusing to accept additional capital contributions, and requiring the withdrawal of the Units of any Investor in accordance with Section 3.04 hereof, as may be necessary or desirable to assure that at all times less than twenty-five percent (25%) of the total value of each “class of equity interests in this FuturesAccess Fund,” as determined pursuant to United States Department of Labor Regulation Section 2510.3-101 and Section 3(42) of ERISA, is held by benefit plan investors (not including the investments of the Sponsor, the Trading Advisor, any member of the Board of Managers of the Sponsor, any person who provides investment advice for a fee (direct or indirect) with respect to this FuturesAccess Fund and individuals and entities (other than benefit plan investors) that are “affiliates,” as such term is defined in the applicable regulation promulgated under ERISA, of any such person) or to otherwise prevent this FuturesAccess Fund from holding “plan assets” under Section 3(42) of ERISA.

Disclosures and Restrictions Regarding Benefit Plan Investors. Each Investor Member that is a “benefit plan investor” (defined as any Plan and any entity (“Plan Assets Entity”) deemed for any purpose of ERISA or Section 4975 of the Code to hold assets of any Plan) represents that the individual signing the Subscription Agreement on behalf of such Investor Member has disclosed such InvestorMember’s status as a benefit plan investor by accurately responding to the applicable questions in the Subscription Agreement. Each Investor Member that is not a “benefit plan investor” represents and agrees that if at a later date such Investor Member becomes a benefit plan investor, such Investor Member will immediately notify the Sponsor Investment Manager of such change of status. In addition, each Plan Assets Entity agrees to promptly provide information to the SponsorInvestment Manager, upon the SponsorInvestment Manager’s reasonable request, regarding the percentage of the Plan Assets Entity’s equity interests held by benefit plan investors. Notwithstanding anything herein to the contrary, the SponsorInvestment Manager, on behalf of this FuturesAccess Fundthe Company, may take any and all action including, but not limited to, refusing to admit persons as Investors Members or refusing to accept additional capital contributions, and requiring the withdrawal of the Units Interests of any Investor Member in accordance with Section 3.04 4.9 hereof, as may be necessary or desirable to assure that at all times times, while the Company is not registered as an “investment company” under the Company Act, less than twenty-five percent (25%) of the total value of each “class of equity interests in this FuturesAccess Fund,” the Company”, as determined pursuant to United States Department of Labor Regulation Section 2510.3-101 and Section 3(42) of ERISA, is held by benefit plan investors (not including the investments of the SponsorInvestment Manager, the Trading Advisorany Director, any Portfolio Manager, any member of the Board of Managers of the SponsorInvestment Policy Committee, any person who provides investment advice for a fee (direct or indirect) with respect to this FuturesAccess Fund the Company and individuals and entities (other than benefit plan investors) that are “affiliates,” as such term is defined in the applicable regulation promulgated under ERISA, of any such person) or to otherwise prevent this FuturesAccess Fund the Company from holding “plan assets” under Section 3(42) of ERISA. THE UNDERSIGNED ACKNOWLEDGES HAVING READ THIS AGREEMENT IN ITS ENTIRETY BEFORE SIGNING, INCLUDING THE CONFIDENTIALITY CLAUSES SET FORTH IN SECTION 8.10.

Disclosures and Restrictions Regarding Benefit Plan Investors. Each Investor Member that is a “benefit plan investor” (defined as any Plan and any entity (“Plan Assets Entity”) deemed for any purpose of ERISA or Section 4975 of the Code to hold assets of any Plan) represents that the individual signing the Subscription Agreement and Power of Attorney on behalf of such Investor Member has disclosed such InvestorMember’s status as a benefit plan investor by accurately responding to checking “Yes” in the applicable questions question in the Subscription AgreementAgreement and Power of Attorney. Each Investor Member that is not a “benefit plan investor” represents and agrees that if at a later date such Investor Member becomes a benefit plan investor, such Investor Member will immediately notify the Sponsor Managing Member of such change of status. In addition, each Plan Assets Entity agrees to promptly provide information to the SponsorManaging Member, upon the SponsorManaging Member’s reasonable request, regarding the percentage of the Plan Assets Entity’s equity interests held by benefit plan investors. Notwithstanding anything herein to the contrary, the SponsorManaging Member, on behalf of this FuturesAccess Fundthe Company and any one or more of any Series, may take any and all action including, but not limited to, refusing to admit persons as Investors Members of a Series or refusing to accept additional capital contributions, contributions to such Series and requiring the withdrawal of the Units Interests of any Investor Member of such Series in accordance with Section 3.04 10(c) hereof, as may be necessary or desirable to assure that at all times less than twenty-five percent (25%) of the total value of each “class of equity interests in this FuturesAccess Fundsuch Series,” as determined pursuant to United States Department of Labor Regulation Section 2510.3-101 and Section 3(42) of ERISA, is held by benefit plan investors (not including the investments capital accounts of the Sponsor, the Trading Advisor, any member of the Board of Managers of the SponsorManaging Member, any person who provides investment advice for a fee (direct or indirect) with respect to this FuturesAccess Fund such Series and individuals and entities (other than benefit plan investors) that are “affiliates,” as such term is defined in the applicable regulation promulgated under ERISA, of any such person) or to otherwise prevent this FuturesAccess Fund such Series from holding “plan assets” under Section 3(42) of ERISA.

Disclosures and Restrictions Regarding Benefit Plan Investors. Each Investor Member that is a “benefit plan investor” (defined as any Plan and any entity (“Plan Assets Entity”) deemed for any purpose of ERISA or Section 4975 of the Code to hold assets of any Plan) represents that the individual signing the Subscription Agreement on behalf of such Investor Member has disclosed such InvestorMember’s status as a benefit plan investor by accurately responding to the applicable questions in the Subscription Agreement. Each Investor Member that is not a “benefit plan investor” represents and agrees that if at a later date such Investor Member becomes a benefit plan investor, such Investor Member will immediately notify the Sponsor Investment Manager of such change of status. In addition, each Plan Assets Entity agrees to promptly provide information to the SponsorInvestment Manager, upon the SponsorInvestment Manager’s reasonable request, regarding the percentage of the Plan Assets Entity’s equity interests held by benefit plan investors. Notwithstanding anything herein to the contrary, the SponsorInvestment Manager, on behalf of this FuturesAccess Fundthe Company, may take any and all action including, but not limited to, refusing to admit persons as Investors Members or refusing to accept additional capital contributions, and requiring the withdrawal of the Units of any Investor Member in accordance with Section 3.04 4.7 hereof, as may be necessary or desirable to assure that at all times times, while the Company is not registered as an “investment company” under the Company Act, less than twenty-five percent (25%) of the total value of each “class of equity interests in this FuturesAccess Fund,” the Company”, as determined pursuant to United States Department of Labor Regulation Section 2510.3-101 and Section 3(42) of ERISA, is held by benefit plan investors (not including the investments of the SponsorInvestment Manager, the Trading Advisorany Director, any Portfolio Manager, any member of the Board of Managers of the SponsorInvestment Policy Committee, any person who provides investment advice for a fee (direct or indirect) with respect to this FuturesAccess Fund the Company and individuals and entities (other than benefit plan investors) that are “affiliates,” as such term is defined in the applicable regulation promulgated under ERISA, of any such person) or to otherwise prevent this FuturesAccess Fund the Company from holding “plan assets” under Section 3(42) of ERISA. THE UNDERSIGNED ACKNOWLEDGES HAVING READ THIS AGREEMENT IN ITS ENTIRETY BEFORE SIGNING, INCLUDING THE CONFIDENTIALITY CLAUSES SET FORTH IN SECTION 8.10.

Disclosures and Restrictions Regarding Benefit Plan Investors. Each Investor Member that is a “benefit plan investor” (defined as any Plan and any entity (“Plan Assets Entity”) deemed for any purpose of ERISA or Section 4975 of the Code to hold assets of any Plan) represents that the individual signing the Subscription Agreement and Power of Attorney on behalf of such Investor Member has disclosed such InvestorMember’s status as a benefit plan investor by accurately responding to the applicable questions in the Subscription AgreementAgreement and Power of Attorney. Each Investor Member that is not a “benefit plan investor” represents and agrees that if at a later date such Investor Member becomes a benefit plan investor, such Investor Member will immediately notify the Sponsor Investment Manager of such change of status. In addition, each Plan Assets Entity agrees to promptly provide information to the SponsorInvestment Manager, upon the SponsorInvestment Manager’s reasonable request, regarding the percentage of the Plan Assets Entity’s equity interests held by benefit plan investors. Notwithstanding anything herein to the contrary, the SponsorInvestment Manager, on behalf of this FuturesAccess Fundthe Company, may take any and all action including, but not limited to, refusing to admit persons as Investors Members or refusing to accept additional capital contributions, and requiring the withdrawal of the Units of any Investor Member in accordance with Section 3.04 4.7 hereof, as may be necessary or desirable to assure that at all times less than twenty-five percent (25%) of the total value of each “class of equity interests in this FuturesAccess Fund,” the Company”, as determined pursuant to United States Department of Labor Regulation Section 2510.3-101 and Section 3(42) of ERISA, is held by benefit plan investors (not including the investments of the SponsorInvestment Manager, the Trading Advisorany Portfolio Manager, any member of the Board of Managers of the SponsorInvestment Policy Committee, any person who provides investment advice for a fee (direct or indirect) with respect to this FuturesAccess Fund the Company and individuals and entities (other than benefit plan investors) that are “affiliates,” as such term is defined in the applicable regulation promulgated under ERISA, of any such person) or to otherwise prevent this FuturesAccess Fund the Company from holding “plan assets” under Section 3(42) of ERISA. THE UNDERSIGNED ACKNOWLEDGES HAVING READ THIS AGREEMENT IN ITS ENTIRETY BEFORE SIGNING, INCLUDING THE CONFIDENTIALITY CLAUSES SET FORTH IN SECTION 8.10.

Disclosures and Restrictions Regarding Benefit Plan Investors. Each Investor Member that is a “benefit plan investor” (defined as any Plan and any entity (“Plan Assets Entity”) deemed for any purpose of ERISA or Section 4975 of the Code to hold assets of any Plan) represents that the individual signing the Subscription Agreement on behalf of such Investor Member has disclosed such InvestorMember’s status as a benefit plan investor by accurately responding to checking “Yes” in the applicable questions question in the Subscription Agreement. Each Investor Member that is not a “benefit plan investor” represents and agrees that if at a later date such Investor Member becomes a benefit plan investor, such Investor Member will immediately notify the Sponsor Managing Member of such change of status. In addition, each Plan Assets Entity agrees to promptly provide information to the SponsorManaging Member, upon the SponsorManaging Member’s reasonable request, regarding the percentage of the Plan Assets Entity’s equity interests held by benefit plan investors. Notwithstanding anything herein to the contrary, the SponsorManaging Member, on behalf of this FuturesAccess Fundthe Company and any one or more of any Series, may take any and all action including, but not limited to, refusing to admit persons as Investors Members of a Series or refusing to accept additional capital contributions, contributions to such Series and requiring the withdrawal of the Units Interests of any Investor Member of such Series in accordance with Section 3.04 10(c) hereof, as may be necessary or desirable to assure that at all times less than twenty-five percent (25%) of the total value of each “class of equity interests in this FuturesAccess Fundsuch Series,” as determined pursuant to United States Department of Labor Regulation Section 2510.3-101 and Section 3(42) of ERISA, is held by benefit plan investors (not including the investments capital accounts of the Sponsor, the Trading Advisor, any member of the Board of Managers of the SponsorManaging Member, any person who provides investment advice for a fee (direct or indirect) with respect to this FuturesAccess Fund such Series and individuals and entities (other than benefit plan investors) that are “affiliates,” as such term is defined in the applicable regulation promulgated under ERISA, of any such person) or to otherwise prevent this FuturesAccess Fund such Series from holding “plan assets” under Section 3(42) of ERISA.

Disclosures and Restrictions Regarding Benefit Plan Investors. Each Investor Member that is a “benefit plan investor” (defined as any Plan and any entity (“Plan Assets Entity”) deemed for any purpose of ERISA or Section 4975 of the Code to hold assets of any Plan) represents that the individual signing the Subscription Agreement and Power of Attorney on behalf of such Investor Member has disclosed such InvestorMember’s status as a benefit plan investor by accurately responding to the applicable questions in the Subscription AgreementAgreement and Power of Attorney. Each Investor Member that is not a “benefit plan investor” represents and agrees that if at a later date such Investor Member becomes a benefit plan investor, such Investor Member will immediately notify the Sponsor Investment Manager of such change of status. In addition, each Plan Assets Entity agrees to promptly provide information to the SponsorInvestment Manager, upon the SponsorInvestment Manager’s reasonable request, regarding the percentage of the Plan Assets Entity’s equity interests held by benefit plan investors. Notwithstanding anything herein to the contrary, the SponsorInvestment Manager, on behalf of this FuturesAccess Fundthe Company, may take any and all action including, but not limited to, refusing to admit persons as Investors Members or refusing to accept additional capital contributions, and requiring the withdrawal of the Units Interests of any Investor Member in accordance with Section 3.04 4.9 hereof, as may be necessary or desirable to assure that at all times less than twenty-five percent (25%) of the total value of each “class of equity interests in this FuturesAccess Fund,” the Company”, as determined pursuant to United States Department of Labor Regulation Section 2510.3-101 and Section 3(42) of ERISA, is held by benefit plan investors (not including the investments of the SponsorInvestment Manager, the Trading Advisorany Portfolio Manager, any member of the Board of Managers of the SponsorInvestment Policy Committee, any person who provides investment advice for a fee (direct or indirect) with respect to this FuturesAccess Fund the Company and individuals and entities (other than benefit plan investors) that are “affiliates,” as such term is defined in the applicable regulation promulgated under ERISA, of any such person) or to otherwise prevent this FuturesAccess Fund the Company from holding “plan assets” under Section 3(42) of ERISA. THE UNDERSIGNED ACKNOWLEDGES HAVING READ THIS AGREEMENT IN ITS ENTIRETY BEFORE SIGNING, INCLUDING THE CONFIDENTIALITY CLAUSES SET FORTH IN SECTION 8.10.

Disclosures and Restrictions Regarding Benefit Plan Investors. Each Investor Limited Partner that is a “benefit plan investor” (defined as any Plan and any entity (“Plan Assets Entity”) deemed for any purpose of ERISA or Section 4975 of the Code to hold assets of any Planplan) represents that the individual signing the Subscription Agreement and Power of Attorney on behalf of such Investor Limited Partner has disclosed such InvestorLimited Partner’s status as a benefit plan investor by accurately responding to checking “yes” in the applicable questions question in the Subscription AgreementAgreement and Power of Attorney. Each Investor Limited Partner that is not a “benefit plan investor” investor represents and agrees that if at a later date such Investor Limited Partner becomes a benefit plan investor, such Investor Limited Partner will immediately notify the Sponsor General Partner of such change of in status. In addition, each Plan Assets Entity agrees to promptly provide information to the Sponsor, upon the Sponsor’s reasonable request, regarding the percentage of the Plan Assets Entity’s equity interests held by benefit plan investors. Notwithstanding anything herein to the contrary, the SponsorGeneral Partner, on behalf of this FuturesAccess Fundthe Partnership, may take any and all action including, but not limited to, refusing to admit persons as Investors Limited Partners or refusing to accept additional capital contributions, and requiring the withdrawal redemption of the Units Interest of any Investor Limited Partner upon thirty (30) days’ notice to the Limited Partner and otherwise in accordance with Section 3.04 Paragraph 9 hereof, as may be necessary or desirable to assure that at all times less than twenty-five percent (25%) of the total value of each “class of equity interests in this FuturesAccess Fund,the Partnership” as determined pursuant to United States Department of Labor Regulation Section 2510.3-2510.3 101 and Section 3(42) of ERISA, is held by benefit plan investors (not including the investments of the Sponsor, the Trading Advisor, any member of the Board of Managers of the SponsorGeneral Partner, any person who provides investment advice for a fee (direct or indirect) with respect to this FuturesAccess Fund the Partnership and individuals and entities (other than benefit plan investors) that are “affiliates,” as such term is defined in the applicable regulation promulgated under ERISA, of any such person) or to otherwise prevent this FuturesAccess Fund from holding any portion or all of the assets of the Partnership to be deemed “plan assets” under Section 3(42) of ERISA.

Disclosures and Restrictions Regarding Benefit Plan Investors. Each Investor Limited Partner that is a “benefit plan investor” (defined as any Plan and any entity (“Plan Assets Entity”) deemed for any purpose of ERISA or Section 4975 of the Code to hold assets of any Plan) represents that the individual signing the Subscription Agreement on behalf of such Investor Limited Partner has disclosed such InvestorLimited Partner’s status as a benefit plan investor by accurately responding to the applicable questions question in the Subscription AgreementAgreement on behalf of such Limited Partner. Each Investor Limited Partner that is not a “benefit plan investor” represents and agrees that if at a later date such Investor Limited Partner becomes a benefit plan investor, such Investor Limited Partner will immediately notify the Sponsor General Partner of such change of status. In addition, each Plan Assets Entity agrees to promptly provide information to the Sponsor, General Partner upon the SponsorGeneral Partner’s reasonable request, regarding the percentage of the Plan Assets Entity’s equity interests held by benefit plan investors. Notwithstanding anything herein to the contrary, the SponsorGeneral Partner, on behalf of this FuturesAccess Fundthe Partnership, may take any and all action including, but not limited to, refusing to admit persons as Investors Limited Partners or refusing to accept additional capital contributionsCapital Contributions, and requiring the withdrawal of the Units of any Investor Limited Partner in accordance with Section 3.04 8.7 hereof, as may be necessary or desirable to assure that that, at all times that the Publicly-Offered Security Exception as defined in the Prospectus does not apply to the Units, as determined by the General Partner, less than twenty-five percent (25%) of the total value of each “class of equity interests in this FuturesAccess Fund,” the Partnership”, as determined pursuant to United States Department of Labor Regulation Section 2510.3-101 and Section 3(42) of ERISA, is held by benefit plan investors (not including the investments of the Sponsor, the Trading Advisor, any member of the Board of Managers of the SponsorGeneral Partner, any person who provides investment advice for a fee (direct or indirect) with respect to this FuturesAccess Fund the Partnership and individuals and entities (other than benefit plan investors) that are “affiliates,” as such term is defined in the applicable regulation promulgated under ERISA, of any such person) or to otherwise prevent this FuturesAccess Fund the Partnership from holding “plan assets” under Section 3(42) of ERISA.

Disclosures and Restrictions Regarding Benefit Plan Investors. Each Investor that is a “benefit plan investor” (defined as any Plan and any entity (“Plan Assets Entity”) deemed for any purpose of ERISA or Section 4975 of the Code to hold assets of any Plan) represents that the individual signing the Subscription Agreement on behalf of such Investor has disclosed such Investor’s status as a benefit plan investor by accurately responding to the applicable questions in the Subscription Agreement. Each Investor that is not a “benefit plan investor” represents and agrees that if at a later date such Investor becomes a benefit plan investor, such Investor will immediately notify the Sponsor of such change of status. In addition, each Plan Assets Entity agrees to promptly provide information to the Sponsor, upon the Sponsor’s reasonable request, regarding the percentage of the Plan Assets Entity’s equity interests held by benefit plan investors. Notwithstanding anything herein to the contrary, the Sponsor, on behalf of this FuturesAccess Fund, may take any and all action including, but not limited to, refusing to admit persons as Investors or refusing to accept additional capital contributions, and requiring the withdrawal of the Units of any Investor in accordance with Section 3.04 hereof, as may be necessary or desirable to assure that at all times less than twenty-five percent (25%) of the total value of each “class of equity interests in this FuturesAccess Fund,” as determined pursuant to United States Department of Labor Regulation Section 2510.3-101 and Section 3(42) of ERISA, is held by benefit plan investors (not including the investments of the Sponsor, the Trading Advisor, any member of the Board of Managers of the Sponsor, any person who provides investment advice for a fee (direct or indirect) with respect to this FuturesAccess Fund and individuals and entities (other than benefit plan investors) that are “affiliates,” as such term is defined in the applicable regulation promulgated under ERISA, of any such person) or to otherwise prevent this FuturesAccess Fund from holding “plan assets” under Section 3(42) of ERISA.. Man AHL FuturesAccess LLC Amended and Restated Limited Liability Company Operating Agreement Dated as of February 29, 2012