General Exemptions From New Issue Rule Clause Samples

General Exemptions From New Issue Rule. If the Subscriber is described in one or more of the categories listed below, please check each such category: (a) An investment company registered under the Investment Company Act of 1940; (b) A common trust fund or similar fund as described in the Securities Exchange Act of 1934 Section 3(a)(12)(A)(iii) that (i) has investments from 1,000 or more accounts and (ii) does not limit beneficial interests in the fund principally to trust accounts of restricted persons under the New Issue Rule; (c) An insurance company general, separate or investment account, provided that (i) the account is funded by premiums from 1,000 or more policyholders, or, if a general account, the insurance company has 1,000 or more policyholders, and (ii) the insurance company does not limit the policyholders whose premiums are used to fund the account principally to restricted persons under the New Issue Rule, or, if a general account, the insurance company does not limit its policyholders principally to restricted persons under the New Issue Rule; (d) A publicly traded entity (other than a broker/dealer or an affiliate of a broker/dealer where such broker/dealer is authorized to engage in the public offering of New Issues either as a selling group member or underwriter) that: (i) is listed on a national securities exchange; or (ii) is a non-U.S. issuer whose securities meet the quantitative designation criteria for listing on a national securities exchange; (e) An investment company organized under the laws of a foreign jurisdiction, provided that (i) the investment company is listed on a foreign exchange for sale to the public or authorized for sale to the public by a foreign regulatory authority, and (ii) no person owning more than 5% of the shares of the investment company is a restricted person under the New Issue Rule; (f) An ERISA benefits plan that is qualified under Code section 401(a), provided that such plan is not sponsored solely by a broker/dealer; (g) A state or municipal government benefits plan that is subject to state and/or municipal regulation; (h) A tax exempt charitable organization under Code section 501(c)(3); or (i) A church plan under Code section 414(e).