Qualified Purchaser. The Subscriber represents and warrants that the Subscriber qualifies as a “qualified purchaser” as defined in Section 2(a)(51) of the Investment Company Act (and as generally described in Appendix A). Subscriber undertakes and agrees, that if requested to do so by the Trustee, Subscriber shall promptly provide further information with respect to its status as a qualified purchaser.
Qualified Purchaser. Subscriber will generally qualify as a “qualified purchaser” if Subscriber falls within one or more of the following categories:
(a) The Subscriber is a natural person (including any person who will hold a joint, community property, or other similar shared ownership interest in the Fund with that person’s qualified purchaser spouse) who owns at least $5,000,000 in Investments (as defined above).
(b) The Subscriber is a company (a corporation, a partnership, an association, a joint-stock company, a trust or a fund) that owns not less than $5,000,000 in investments and that is owned directly or indirectly by or for two or more natural persons who are related as siblings or spouse (including former spouses), or direct lineal descendants by birth or adoption, spouses of such persons, the estates of such persons, or family foundations, family charitable organizations, or family trusts established by or for the benefit of such persons.
(c) The Subscriber is a trust that was not formed for the specific purpose of acquiring the securities offered, as to which the trustee or other persons authorized to make decisions with respect to the trust, and each settlor or other person who has contributed assets to the trust, is a “qualified purchaser”.
(d) The Subscriber is a person (including a company), acting for its own account or the accounts of other qualified purchasers, who in the aggregate owns and invests on a discretionary basis not less than $25,000,000 in Investments.
(e) The Subscriber is a company (a corporation, a partnership, an association, a joint-stock company, a trust or a fund), regardless of the amount of its Investments (as defined above), each of the beneficial owners (including participants in a participant-directed XXX or employee benefit plan within the meaning of ERISA) of which is an entity or person described in sub-item (a), (b), or (c) above.
1. Is the Subscriber, or is the Subscriber acting on behalf of, a plan that is subject to the fiduciary responsibility provisions of Title I of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”)? yes no
2. Is the Subscriber, or is the Subscriber acting on behalf of, a plan to which Section 4975 of the Internal Revenue Code of 1986, as amended (“Code”) applies? yes no
3. Is the Subscriber an insurance company general account?
4. Is the Subscriber an entity whose underlying assets include plan assets by reason of a plan’s investment in the entity? yes no If the answer to the above q...
Qualified Purchaser. Such Member is a “qualified purchaser” within the meaning of § 3(c)(7) of the Investment Company Act.
Qualified Purchaser. Buyer is an experienced and knowledgeable investor and operator in the oil and gas business. Buyer is acquiring the Properties for its own account and not with a view to, or for offer of resale in connection with, a distribution thereof, within the meaning of the Securities Act of 1933, 15 U.S.C. § 77a et seq., and any other rules, regulations, and laws pertaining to the distribution of securities.
Qualified Purchaser. An Ownership Applicant who has received approval pursuant to the terms of this Covenant to purchase the Subject Property; or the County, the Town of Telluride, or the Town of Mountain Village.
Qualified Purchaser. Each Lender hereby represents, as to itself, that it is a Qualified Purchaser.
Qualified Purchaser. The Subscriber is a "qualified purchaser" as that term is defined in Regulation A (a "Qualified Purchaser"). The Subscriber agrees to promptly provide the Company and the Underwriters and their respective agents with such other information as may be reasonably necessary for them to confirm the Qualified Purchaser status of the Subscriber.
Qualified Purchaser. As of the date hereof and as of each date on which the Credit Agreement is in full force and effect, the Seller is and will be a Qualified Purchaser.
Qualified Purchaser. Seller represents and warrants that, as of the date hereof, either (i) Seller is an “accredited investor” as that term is defined in Regulation D promulgated under the Act or (ii) the value of the Series Interests to be delivered to Seller pursuant to Section 2(a)(ii) above complies with the investment limitations set forth in Regulation A (collectively, a “Qualified Purchaser”). Seller agrees to promptly provide Buyer and its affiliates with such other information as may be reasonably necessary for them to confirm the Qualified Purchaser status of Seller prior to the Closing Date, including an Investor Certification in a form satisfactory to Buyer.]
