ERISA and Similar Matters. 8.9.1 For so long as there is any Member that is a “benefit plan investor” in any Series, the Manager shall use its reasonable best efforts at all times to conduct the affairs of such Series such that the assets of the Series would not constitute “plan assets” of any benefit plan investor for purposes of fiduciary responsibility or prohibited transaction provisions of Title I of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) or Section 4975 of the Code. Notwithstanding the foregoing, the Manager reserves the right to allow unlimited investment in the Company or any Series by benefit plan investors at any time, in its sole discretion.
Appears in 6 contracts
Samples: Operating Agreement, Operating Agreement, Operating Agreement
