Common use of Investor Suitability Clause in Contracts

Investor Suitability. Selected Dealer hereby represents, warrants and covenants that no member of, or person associated with, Selected Dealer shall offer or sell Offered Shares in any jurisdiction except to investors who satisfy the investor suitability and minimum investment requirements under the most restrictive of the following: (i) applicable provisions of the Prospectus, (ii) the laws of the jurisdiction of which such investor is a resident, and (iii) FINRA rules and regulations and FINRA Rules 2111 and 2310, in particular. Specifically, Selected Dealer agrees to ensure that, in recommending the purchase or sale of the Offered Shares to an investor, each member of, or person associated with, Selected Dealer shall have reasonable grounds (as required by Rules 2310(b)(2)(B)(i) and 2111 of the FINRA Rules) to believe, on the basis of information obtained from the investor (and thereafter maintained in the manner and for the period provided in this Agreement and such FINRA Rules) concerning his or her age, investment objectives, investment experience, time horizon, liquidity needs, risk tolerance, other investments, financial situation and needs, and any other information known to such member of, or person associated with, Selected Dealer, after due inquiry that (A) the investor is or will be in a financial position appropriate to enable him or her to realize to a significant extent the benefits described in the Prospectus, including the tax benefits to the extent they are a significant aspect of the Company; (B) the investor has a fair market net worth sufficient to sustain the risks inherent in an investment in the Offered Shares in the amount proposed, including complete loss, and lack of liquidity, of such investment; (C) an investment in the Offered Shares is suitable in type and amount for such investor; and (D) such person has either: (1) a minimum annual gross income of $70,000 and a minimum net worth (exclusive of home, home furnishings and automobiles) of $70,000; or (2) a minimum net worth (determined with the foregoing exclusions) of $250,000 and meets the higher suitability standards, if applicable, imposed by the State in which the investor resides.

Appears in 1 contract

Samples: ICON ECI Fund Sixteen

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Investor Suitability. Selected Dealer hereby represents, warrants and covenants that no member of, or person associated with, Selected Dealer shall offer or sell Offered Shares in any jurisdiction except to investors who satisfy the investor suitability and minimum investment requirements under the most restrictive of the following: (i) applicable provisions of the Prospectus, (ii) the laws of the jurisdiction of which such investor is a resident, and (iii) FINRA rules and regulations and FINRA Rules 2111 and 2310, in particular. Specifically, Selected Dealer agrees to ensure that, in recommending the purchase or sale of the Offered Shares to an investor, each member of, or person associated with, Selected Dealer shall have reasonable grounds (as required by FINRA Conduct Rules 2310(b)(2)(B)(i) and 2111 of the FINRA Rules2111) to believe, on the basis of information obtained from the investor (and thereafter maintained in the manner and for the period provided in this Agreement and such FINRA Rules) concerning his or her age, investment objectives, investment experience, time horizon, liquidity needs, risk tolerance, other investments, financial situation and needs, and any other information known to such member of, or person associated with, Selected Dealer, after due inquiry that (A) the investor is or will be in a financial position appropriate to enable him or her to realize to a significant extent the benefits described in the Prospectus, including the tax benefits to the extent they are a significant aspect of the Company; (B) the investor has a fair market net worth sufficient to sustain the risks inherent in an investment in the Offered Shares in the amount proposed, including complete loss, and lack of liquidity, of such investment; (C) an investment in the Offered Shares is suitable in type and amount for such investor; and (D) such person has either: (1) a minimum annual gross income of $70,000 and a minimum net worth (exclusive of home, home furnishings and automobiles) of $70,000; or (2) a minimum net worth (determined with the foregoing exclusions) of $250,000 and meets the higher suitability standards, if applicable, imposed by the State in which the investor resides.

Appears in 1 contract

Samples: ICON ECI Fund Sixteen

Investor Suitability. Selected Dealer hereby represents, warrants and covenants that no member of, or person associated with, Selected Dealer shall offer or sell Offered Shares in any jurisdiction except to investors who satisfy the investor suitability and minimum investment requirements under the most restrictive of the following: (i) applicable provisions of the Prospectus, (ii) the laws of the jurisdiction of which such investor is a resident, and (iii) FINRA rules and regulations and FINRA Conduct Rules 2111 and 2310, in particular. Specifically, Selected Dealer agrees to ensure that, in recommending the purchase or sale of the Offered Shares to an investor, each member of, or person associated with, Selected Dealer shall have reasonable grounds (as required by FINRA Conduct Rules 2111 and 2310(b)(2)(B)(i) and 2111 of the FINRA Rules)) to believe, on the basis of information obtained from the investor (and thereafter maintained in the manner and for the period provided in this Agreement and such FINRA Rules) concerning his or her age, investment objectives, investment experience, time horizon, liquidity needs, risk tolerance, other investments, financial situation and needs, and any other information known to such member of, or person associated with, Selected Dealer, after due inquiry that (A) the investor is or will be in a financial position appropriate to enable him or her to realize to a significant extent the benefits described in the Prospectus, including the tax benefits to the extent they are a significant aspect of the Company; (B) the investor has a fair market net worth sufficient to sustain the risks inherent in an investment in the Offered Shares in the amount proposed, including complete loss, and lack of liquidity, of such investment; (C) an investment in the Offered Shares is suitable in type and amount for such investor; and (D) such person has either: (1) a minimum annual gross income of $70,000 and a minimum net worth (exclusive of home, home furnishings and automobiles) of $70,000; or (2) a minimum net worth (determined with the foregoing exclusions) of $250,000 and meets the higher suitability standards, if applicable, imposed by the State in which the investment by such investor residesis made.

Appears in 1 contract

Samples: CION Investment Corp

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Investor Suitability. Selected Dealer hereby represents, warrants and covenants that no member of, or person associated with, Selected Dealer shall offer or sell Offered Shares in any jurisdiction except to investors who satisfy the investor suitability and minimum investment requirements under the most restrictive of the following: (i) applicable provisions of the Prospectus, (ii) the laws of the jurisdiction of which such investor is a resident, and (iii) FINRA rules and regulations and FINRA Rules 2111 and Rule 2310, in particular. Specifically, Selected Dealer agrees to ensure that, in recommending the purchase or sale of the Offered Shares to an investor, each member of, or person associated with, Selected Dealer shall have reasonable grounds (as required by Rules Rule 2310(b)(2)(B)(i) and 2111 of the FINRA Rules) to believe, on the basis of information obtained from the investor (and thereafter maintained in the manner and for the period provided in this Agreement and such FINRA Rules) concerning his or her age, investment objectives, investment experience, time horizon, liquidity needs, risk tolerance, other investments, financial situation and needs, and any other information known to such member of, or person associated with, Selected Dealer, after due inquiry that (A) the investor is or will be in a financial position appropriate to enable him or her to realize to a significant extent the benefits described in the Prospectus, including the tax benefits to the extent they are a significant aspect of the Company; (B) the investor has a fair market net worth sufficient to sustain the risks inherent in an investment in the Offered Shares in the amount proposed, including complete loss, and lack of liquidity, of such investment; (C) an investment in the Offered Shares is suitable in type and amount for such investor; and (D) such person has either: (1) a minimum annual gross income of $70,000 and a minimum net worth (exclusive of home, home furnishings and automobiles) of $70,000; or (2) a minimum net worth (determined with the foregoing exclusions) of $250,000 and meets the higher suitability standards, if applicable, imposed by the State in which the investment by such investor residesis made.

Appears in 1 contract

Samples: CION Investment Corp

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