Common use of DESCRIPTION OF INVESTOR Clause in Contracts

DESCRIPTION OF INVESTOR. Please check the appropriate box to indicate which of the following accurately describe the nature of the business conducted by the investing entity: [ ] A corporation or partnership with total assets in excess of $5,000,000, not organized for the purpose of this particular investment; [ ] A private business development company as defined in Section 202(a)(22) of the Investment Advisors Act of 1940 (a U.S. venture capital fund which invests primarily through private placements in non-publicly traded securities and makes available (either directly or through co-investors) to the portfolio companies significant guidance concerning management, operations or business objectives); [ ] 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; [ ] 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 bank as defined in Section 3(a)(2) or a savings and loan association or other institution defined in Section 3(a)(5)(A) of the Securities Act of 1933, acting in either an individual or fiduciary capacity; [ ] An insurance company as defined in Section 2(13) of the Securities Act of 1933; [ ] An employee benefit plan within the meaning of Title I of the Employee Retirement Income Security Act of 1974 (i) whose investment decision is made by a fiduciary which is either a bank, savings and loan association, insurance company, or registered investment advisor, or (ii) whose total assets exceeding $5,000,000, or (iii), if a self-directed plan, a plan whose investment decisions are made solely by persons who are accredited investors; [ ] A charitable, religious, educational or other organization described in Section 501(c)(3) of the Internal Revenue Code, not formed for the purpose of this Investment, with total assets in excess of $5,000,000; [ ] A trust with total assets in excess of $5,000,000, not formed for the specific purpose of acquiring the securities offered, whose purchase is directed by a sophisticated person as described in Rule 506(b)(2)(ii) of the Securities Act of 1933 and who completed item 4 below of this Questionnaire; [ ] An entity not located in the U.S., none of whose equity owners are U.S. citizens or U.S. residents; [ ] A broker or dealer registered under Section 15 of the Securities Exchange Act of 1934; [ ] A plan having assets exceeding $5,000,000 established and maintained by a government agency for its employees; or [ ] Other (Describe:)

DESCRIPTION OF INVESTOR. Please check the appropriate box to indicate which of the following accurately describe the nature of the business conducted by the investing entity: [ ] A corporation or partnership with total assets in excess of $5,000,000, not organized for the purpose of this particular investment; [ ] A private business development company as defined in Section 202(a)(22) of the Investment Advisors Act of 1940 (a U.S. venture capital fund which invests primarily through private placements in non-publicly traded securities and makes available (either directly or through co-investors) to the portfolio companies significant guidance concerning management, operations or business objectives); [ ] 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; [ ] 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 bank as defined in Section 3(a)(2) or a savings and loan association or other institution defined in Section 3(a)(5)(A) of the Securities Act of 1933, acting in either an individual or fiduciary capacity; [ ] An insurance company as defined in Section 2(13) of the Securities Act of 1933; [ ] An employee benefit plan within the meaning of Title I of the Employee Retirement Income Security Act of 1974 (i) whose investment decision is made by a fiduciary which is either a bank, savings and loan association, insurance company, or registered investment advisor, or (ii) whose total assets exceeding $5,000,000, or (iii), if a self-directed plan, a plan whose investment decisions are made solely by persons who are accredited investors; [ ] A charitable, religious, educational or other organization described in Section 501(c)(3) of the Internal Revenue Code, not formed for the purpose of this Investment, with total assets in excess of $5,000,000; [ ] A trust with total assets in excess of $5,000,000, not formed for the specific purpose of acquiring the securities offered, whose purchase is directed by a sophisticated person as described in Rule 506(b)(2)(ii) of the Securities Act of 1933 and who completed item 4 below of this Questionnairequestionnaire; [ ] An entity not located in the U.S., none of whose equity owners are U.S. citizens or U.S. residents; [ ] A broker or dealer registered under Section 15 of the Securities Exchange Act of 1934; [ ] A plan having assets exceeding $5,000,000 established and maintained by a government agency for its employees; or [ ] Other (Describe:)