Suitability Requirements Sample Clauses

Suitability Requirements. Broker shall establish and maintain a ------------------------ system to supervise its Representatives reasonably designed to ensure that, in making a recommendation to purchase a Contract (including as a part of an exchange), the Representative has reasonable grounds to believe that, based on facts disclosed by the purchaser, the purchase of the Contract is suitable for the purchaser as and to the extent required by Applicable Law. As part of the supervisory system, Broker shall maintain written procedures and conduct periodic reviews of its records that are reasonably designed to achieve compliance with these requirements. Broker shall be solely responsible for determining the suitability of recommendations to purchase a Contract made by its Representatives in accordance with Applicable Law, and shall, upon a reasonable written request from MLIDC, provide written documentation of such process, including without limitation the certifications required in Section 4.3. To the extent required by Applicable Law and upon written request from MLIDC, Broker shall promptly provide documentation and other information reasonably necessary to allow MLIDC or its Affiliates to determine that Broker is performing the required functions described above.
AutoNDA by SimpleDocs
Suitability Requirements. The General Partners, at Partnership expense, shall maintain for a period of at least four years a record of the information obtained to indicate that a Limited Partner complies with the suitability standards set forth in the Prospectus.
Suitability Requirements. The Manager, at Company expense, shall maintain for a period of at least six (6) years, a record of the documentation indicating that a Member complies with the suitability standards set forth in the Memorandum.
Suitability Requirements. Broker shall establish and maintain a system to supervise its Representatives reasonably designed to ensure that, in making a recommendation to purchase a Contract (including as a part of an exchange), the Representative has reasonable grounds to believe that, based on facts disclosed by the purchaser, the purchase of the Contract is suitable for the purchaser as and to the extent required by Applicable Law. As part of the supervisory system, Broker shall maintain written procedures and conduct periodic reviews of its records that are reasonably designed to achieve compliance with these requirements. Broker shall be solely responsible for determining the suitability of recommendations to purchase a Contract made by its Representatives in accordance with Applicable Law, and shall, upon a reasonable written request from Principal Underwriter, provide written documentation of such process, including without limitation the certifications required in Section 4.3. To the extent required by Applicable Law and upon written request from Principal Underwriter, Broker shall promptly provide documentation and other information reasonably necessary to allow Principal Underwriter or its Affiliates to determine that Broker is performing the required functions described above.
Suitability Requirements. The Purchaser hereby represents that it qualifies as an “accredited investor,” as such term is defined in Rule 501(a) of Regulation D under the Act, and must demonstrate the basis for such qualification. To be an accredited investor, an investor must fall within any of the following categories at the time of the sale of any Units to the Purchaser: (a) A bank as defined in Section 3(a)(2) of the Act, or a savings and loan association or other institution as defined in Section 3(a)(5)(A) of the Act, whether acting in its individual or fiduciary capacity; a broker or dealer registered pursuant to Section 15 of the Securities Exchange Act of 1934; an insurance company as defined in Section 2(13) of the Act; an investment company registered under the Investment Company Act of 1940 or a business development company as defined in Section 2(a)(48) of that Act; a Small Business Investment Company licensed by the U.S. Small Business Administration under Section 301(c) or (d) of the Small Business Investment Act of 1958; a plan established and maintained by a state, its political subdivisions, or any agency or instrumentality of a state or its political subdivisions, for the benefit of its employees, if such plan has total assets in excess of $5,000,000; an employee benefit plan within the meaning of the Employee Retirement Income Security Act of 1974 if the investment decision is made by a plan fiduciary, as defined in Section 3(21) of that Act, which is either a bank, savings and loan association, insurance company, or registered investment adviser, or if the employee benefit plan has total assets in excess of $5,000,000 or, if a self-directed plan, with investment decisions made solely by persons that are accredited investors; (b) A private business development company as defined in Section 202(a)(22) of the Investment Advisers Act of 1940; (c) An organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended; a corporation; a Massachusetts or similar business trust; or a partnership; in each case, not formed for the specific purpose of acquiring the Units and with total assets in excess of $5,000,000; (d) A director or executive officer of the Company; (e) A natural person whose individual net worth, or joint net worth with that person’s spouse, at the time of such person’s purchase of the Units exceeds $1,000,000; (f) A natural person who had an individual income in excess of $200,000 in each of the two most recent years or joint in...
Suitability Requirements. You agree that, in connection with any offering of Securities, you will comply with NASD Conduct Rule 2310, Rule 405 of the New York Stock Exchange, if applicable, and all other federal, state or local laws, rules or regulations (or rules of any self-regulatory organization) relating to the suitability of the Securities for purchase by any person to whom you sell or recommend Securities. In complying with NASD Conduct Rule 2310, prior to recommending the purchase of any Securities, you shall have reasonable grounds for believing that the recommendation is suitable for the person to whom it is made upon the basis of facts disclosed to you by such person as to his or her other security holdings and as to his or her financial situation and needs. Prior to executing the purchase of Securities recommended to any non-institutional customer, you shall obtain information regarding: (1) the customer’s financial status; (2) the customer’s tax status; (3) the customer’s investment objective; and, (4) any additional information used or considered to be reasonable by you in making such recommendations to the customer. You further agree that you are familiar with NASD Notice-to-Members 05-59 concerning NASD members’ obligations when selling structured products and you agree to comply materially with the recommendations therein. “Non-institutional customer” is defined as a customer that does not qualify as an institutional account under NASD Conduct Rule 3110(c)(4). If you sell the securities to another dealer, you will do so pursuant to a master selected dealer agreement in which the dealer to whom you are selling the securities agrees to substantially comply with the suitability requirements contained herein.
Suitability Requirements. The amount invested may not exceed 10% of the Investor’s liquid net worth (excluding value of home, home furnishings, and automobiles). By signing this Agreement, Investor represents and warrants that its total investment in the Shares does not exceed 10% of the Investor’s liquid net worth (excluding value of home, home furnishings, and automobiles).
AutoNDA by SimpleDocs
Suitability Requirements. The general suitability decision process involves an assessment of an astronaut candidate applicant’s past and present conduct in order to predict probable future actions that may adversely impact the Space Shuttle Program. Any of the following factors may be considered as a basis for disqualification; (a) delinquency or misconduct in prior employment; (b) criminal, dishonest, infamous, or notoriously disgraceful conduct; (c) intentional false statement or fraud in examination or appointment; (d) habitual use of intoxicating beverages to excess; (e) abuse of narcotics, drugs, or other controlled substances. Consideration may also be given to the following factors prior to disqualification; (a) critical/sensitive nature of the astronaut position; (b) nature and seriousness of any misconduct; (c) circumstances surrounding such misconduct; (d) recency of the misconduct; (e) age of person at time of the misconduct; (f) contributing social or environmental conditions; (g) any reoccurrence of the same misconduct and/or occurrence of similar misconduct; and (h) absence of presence of rehabilitation. NASA references (a) Chapter 731, Subchapter 3-1 of the Federal Personnel Manual; and (b) Chapter 731-1, Subchapter S3, Sections S3-1 through S3-8 of the Federal Personnel Manual Supplement.
Suitability Requirements. The suitability standards for the offering require that the Investor: (1) have a minimum net worth of at least $75,000 and minimum gross income of $50,000 AND the investment not exceeding 10 percent of that net worth; OR (2) have a minimum net worth of $150,000 AND the investment not exceeding 10 percent of the net worth; OR (3) invest less than $2,500 total in the Company, including any investments made during the prior 12 months. Net worth shall be determined exclusive of homes, home furnishings, and automobiles. By signing this Agreement, Investor represents and warrants that it meets at least one of the suitability requirements listed above. In addition, Investor represents that Investor is a California resident.
Suitability Requirements. The Notes will be sold only to persons who represent and warrant that they or their beneficiaries meet the suitability requirements set forth in the Prospectus either by payment for the Notes or, where required, by execution of the Subscription Agreement in the manner described in the Prospectus.
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!