Common use of Independent Fiduciary Compliance with ERISA Clause in Contracts

Independent Fiduciary Compliance with ERISA. i. Independent Fiduciary meets the requirements of, and in the transactions contemplated by this Commitment Agreement is acting as, an “investment manager” under ERISA § 3(38), and further constitutes a “qualified professional asset manager” under the U.S. Department of Labor Prohibited Transaction Class Exemption 84-14 solely with respect to the transfer of assets to Insurer in connection with the transactions contemplated by this Commitment Agreement and the Contract (but not the selection of such assets or the management of such assets prior to the transfer).

Independent Fiduciary Compliance with ERISA. i. Independent Fiduciary meets the requirements of, and in the transactions contemplated by this Commitment Agreement is acting as, an “investment manager” under ERISA § 3(38), and further constitutes a “qualified professional asset manager” under the U.S. Department of Labor Prohibited Transaction Class Exemption 84-14 solely with respect to the transfer of assets to each Insurer in connection with the transactions contemplated by this Commitment Agreement and the each Contract (but not the selection of such assets or the management of such assets prior to the transfer).

Independent Fiduciary Compliance with ERISA. i. 1. The Independent Fiduciary meets the requirements of, and in the transactions contemplated by this Commitment Agreement and the Ancillary Agreements is acting as, an “investment manager” under ERISA § 3(38), and further constitutes a “qualified professional asset manager” under the U.S. Department of Labor Prohibited Transaction Class Exemption 84-14 solely with respect to the transfer of assets to Insurer Prudential in connection with the transactions contemplated by this Commitment Agreement and the Contract Ancillary Agreements (but not the selection of such assets or the management of such assets prior to the transfer).

Independent Fiduciary Compliance with ERISA. i. Independent Fiduciary meets the requirements of, of and in the transactions contemplated by this Commitment Agreement is acting as, an “investment manager” under ERISA § 3(38), and further constitutes a “qualified professional asset manager” under the U.S. Department of Labor Prohibited Transaction Class Exemption 84-14 solely with respect to the transfer of assets to Insurer Insurers in connection with the transactions contemplated by this Commitment Agreement and the Contract Contracts (but not the selection of such assets or the management of such assets prior to the transfer).

Independent Fiduciary Compliance with ERISA. i. The Independent Fiduciary meets the requirements of, and in the transactions contemplated by this Commitment Agreement and the Ancillary Agreements is acting as, an “investment manager” under ERISA § 3(38), and further constitutes . The Independent Fiduciary is qualified to serve as a “qualified professional asset manager” under Part VI of the U.S. Department of Labor Prohibited Transaction Class Exemption 84-14 solely with respect to the transfer of assets to Insurer in connection with the transactions contemplated by this Commitment Agreement and the Contract (but not the selection of such assets or the management of such assets prior to the transfer)14.