Qualified Purchaser Status. Each Lender represents, warrants and agrees that: (i) it is and shall remain at all times a qualified purchaser for purposes of Section 3(c)(7) of the Investment Company Act; (ii) (a) it is, and shall be at all times, the sole direct and indirect beneficial owner and holder of its Advances (and all beneficial, economic or other interest therein) and (b) it shall not hold its Advances for the direct or indirect benefit of any other Person (for the avoidance of doubt it being understood that this clause (ii) shall not prohibit any assignment of, or sale of a participation interest in, any Advance made in accordance with the terms of this Agreement); (iii) it may not, directly or indirectly, assign or otherwise transfer any of its rights or obligations hereunder (a “Transfer”) to any other Person that is not a qualified purchaser for purposes of Section 3(c)(7) of the Investment Company Act; (iv) if any of the acknowledgments, representations or agreements deemed to have been made by it in this Agreement are no longer accurate or have been breached, it shall promptly notify the Company; and (v) if a Transfer of any Advance does not comply with this Agreement, such Transfer shall be null and void and not given effect for any purpose hereunder.
Qualified Purchaser Status. The Lender represents and warrants that it is a “qualified purchaser” as defined in Section 2(a)(51) of the Investment Company Act and Rule 2a51-1 promulgated thereunder, and has checked the box or boxes below that are next to the categories under which the Lender qualifies as a qualified purchaser. In order to complete the following information, the Lender must read Annex A-1 and A-2 attached hereto for the definition of “investments” and for information regarding the “valuation of investments,” respectively:
(a) A natural person (including any person who holds a joint, community property or other similar shared ownership interest in the Company with that person’s qualified purchaser spouse) who owns not less than US$5,000,000 in “investments.”
(b) A company, partnership or trust that owns not less than US$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), direct lineal descendants by birth or adoption, spouses of such persons, estates of such persons, or foundations, charitable organizations or trusts established by or for the benefit of such persons (a “Family Company”).
(c) A person or entity, acting for its own account or the accounts of other qualified purchasers, that in the aggregate owns and invests on a discretionary basis not less than US$25,000,000 in “investments.”
(d) A trust that is not covered by (b) above as to which the trustee or other person authorized to make decisions with respect to the trust, and each settlor or other person who has contributed assets to the trust, is a person described in clause (a), (b), or (c) above.
(e) A “qualified institutional buyer” (as defined in paragraph (a) of Rule 144A under the Securities Act), acting for its own account, the account of another qualified institutional buyer, or the account of a qualified purchaser; provided, that (i) a dealer described in paragraph (a)(1)(ii) of Rule 144A under the Securities Act shall own and invest on a discretionary basis at least US$25,000,000 in securities of issuers that are not affiliated persons of the dealer; and (ii) a plan referred to in paragraph (a)(1)(i)(D) or (a)(1)(i)(E) of Rule 144A under the Securities Act, or a trust Company referred to in paragraph (a)(1)(i)(F) of Rule 144A under the Securities Act that holds the assets of such a plan, will not be deemed to be acting for its own account if investment decisions with respect to the ...
Qualified Purchaser Status. Such Seller is a "qualified purchaser" as defined in Section 2(51)(A)(iv) of the Investment Company Act.
Qualified Purchaser Status. To the best knowledge of the Purchaser and the PEF upon reasonable inquiry, each Rep Party is a “qualified purchaser” (as defined in Section 2(a)(51) of the U.S. Investment Company Act). If the Rep Party is not a “qualified purchaser”, it is wholly owned by an individual, corporation, partnership, joint venture, limited liability company, Governmental Authority, unincorporated organization, trust, association or other entity (“Person” and collectively, “Persons”) that is a qualified purchaser and has adopted policies and procedures, including the implementation of binding contractual obligations designed to prevent ownership by Persons that are not “qualified purchasers.”
Qualified Purchaser Status. As indicated by checking the appropriate box below and initialing alongside the box, the following information is true with respect to the Subscriber for the reasons set forth below: Initial: ☐ The amount of Common Shares being purchased by the Subscriber does exceed 10% of the greater of the Subscriber’s annual income or net worth (for natural persons), or 10% of the greater of Subscriber’s annual revenue or net assets at fiscal year-end (for non-natural persons). Initial: ☐ The amount of Common Shares being purchased by the Subscriber does not exceed 10% of the greater of the Subscriber’s annual income or net worth (for natural persons), or 10% of the greater of Subscriber’s annual revenue or net assets at fiscal year-end (for non-natural persons).
Qualified Purchaser Status. The Depositor is a “qualified purchaser” within the meaning of Section 3(c)(7) of the Investment Company Act of 1940, as amended (“Qualified Purchaser”)
Qualified Purchaser Status. I represent and warrant that the Subscriber is a “qualified purchaser,” as defined in Regulation A of the Securities Act, based on the fact that either:
Qualified Purchaser Status. XXXX is a “qualified purchaser” within the meaning of Section 3(c)(7) of the Investment Company Act of 1940, as amended.
Qualified Purchaser Status. The Fund is currently claiming an exemption from registration available pursuant to Section 3(c)(1) of the 1940 Act. The Fund may, however, determine to claim the exemption from registration available pursuant to Section 3(c)(7) of the 1940 Act. Therefore the Fund is asking all investors if they meet the definition of “Qualified Purchasers” under the 1940 Act.
