ERISA Limited Partner means a Limited Partner that is (i) a plan subject to the provisions of Title I of ERISA, (ii) a plan that is not subject to Title I of ERISA but is subject to the prohibited transaction provisions of Section 4975 of the Code (e.g., IRAs and Xxxxx plans), (iii) a group trust, common or collective trust fund or insurance company separate or general account subject to ERISA or Section 4975 of the Code, and (iv) a passive or private investment fund whose underlying assets include “plan assets” (such as where plans described in (i) or (ii) above own 25% or more of a class of the investment fund’s equity interests determined pursuant to Section 3(42) of ERISA and any applicable regulations at 29 C.F.R. § 2510.3-101(f)).

ERISA Limited Partner means a Limited Partner that is (i) a plan subject to the provisions of Title I of ERISA, (ii) a plan that is not subject to Title I of ERISA but is subject to the prohibited transaction provisions of Section 4975 of the Code (e.g., IRAs and Keogh plans), (iii) a group trust, common or collective trust fund or insurance company separate or general account subject to ERISA or Section 4975 of the Code, and (iv) a passive or private investment fund whose underlying assets include “plan assets” (such as where plans described in (i) or (ii) above own 25% or more of a class of the investment fund’s equity interests determined pursuant to Section 3(42) of ERISA and any applicable regulations at 29 C.F.R. § 2510.3-101(f)).

ERISA Limited Partner means a Limited Partner that (a) is an employee benefit plan subject to Part 4 of Title I of ERISA or a plan to which Section 4975 of the Internal Revenue Code applies, or an entity deemed to hold “plan assets” of one or more such plans within the meaning of the Plan Asset Regulation (including, for this purpose, an insurance company using general account assets that might be deemed to include “plan assets”) and (b) so indicates in its subscription agreement with the Partnership or otherwise in writing to the General Partner on or before the date on which such Limited Partner is admitted to the Partnership, as applicable.

Examples of ERISA Limited Partner in a sentence

In the exercise of its discretion, the General Partner may cause the partial or complete withdrawal of the Capital Account of a Multiple-Owner Limited Partner regardless of whether or not such Limited Partner was a Multiple-Owner Limited Partner or an ERISA Limited Partner at the time such Limited Partner became a Limited Partner or made any particular Capital Contribution and may cause such partial or complete withdrawal as to some Multiple-Owner Limited Partners or ERISA Limited Partner and not others.
In the exercise of its discretion, the General Partner may cause the partial or complete withdrawal of the Units of a Multiple-Owner Limited Partner regardless of whether or not such Limited Partner was a Multiple-Owner Limited Partner or an ERISA Limited Partner at the time such Limited Partner became a Limited Partner or made any particular Capital Contribution and may cause such partial or complete withdrawal as to some Multiple-Owner Limited Partners or ERISA Limited Partner and not others.
Similarly, if a Limited Partner becomes an "employee benefit plan investor" within the meaning of applicable rules and regulations under ERISA (an "ERISA Limited Partner"), the General Partner may in its sole discretion cause a complete or partial withdrawal of such Limited Partner's Units to the extent necessary to prevent the Fund's assets from being considered "plan assets" within the meaning of ERISA.
The GENERAL PARTNER shall promptly provide to all other ERISA Limited Partners a copy of the written notice of good faith determination, together with a copy of a written notice of the election or written demand, as the case may be, and a copy of the opinion of counsel, if any, furnished to the GENERAL PARTNER or the ERISA Limited Partner, as the case may be, in accordance with this Section 9.10.
For the avoidance of doubt, no ERISA Limited Partner shall be admitted to the Partnership without the General Partner’s express written consent.

More Definitions of ERISA Limited Partner

ERISA Limited Partner means a Limited Partner that is:

ERISA Limited Partner means a Limited Partner who is (i) an “Employee Benefit Plan,” as defined in Section 3(3) of ERISA; (ii) a plan described in Section 4975(e)(1) of the Code; or (iii) a partnership or other entity, the general partner (or other responsible person) of which has been appointed “investment manager,” as defined in Section 3(38) of ERISA, over the assets used by one or more Employee Benefit Plans to purchase limited partnership (or other) interests in such partnership (or other entity).

ERISA Limited Partner means a Limited Partner that (a) is an employee benefit plan subject to Part 4 of Title I of

ERISA Limited Partner means any Limited Partner that is a Benefit Plan Investor;

ERISA Limited Partner means a Limited Partner that is (i) a plan subject to the provisions of Title I of ERISA, (ii) a plan

ERISA Limited Partner means any Limited Partner which is: (a) a Abenefit plan investor@ (within the meaning of Section (f)(2) of the Final Regulation) subject to ERISA; (b) a Agovernmental plan@ within the meaning of Section 3(32) of ERISA; (c) a benefit plan investor that would be subject to ERISA but for the fact that it meets the requirements of a Achurch plan@ within the meaning of Section 414(e) of the Code and Section 3(33) of ERISA; (d) a Aplan@ within the meaning of Section 4975(e) of the Code; or (e) deemed to hold Aplan assets@ under the Final Regulation and consequently subject to regulation under ERISA. For purposes of this Agreement, a Limited Partner shall not be an ERISA Limited Partner unless and until it provides notice of such fact to the General Partner.

ERISA Limited Partner definition

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