Status as Benefit Plan Investor (Please Check Each as Applicable Sample Clauses

Status as Benefit Plan Investor (Please Check Each as Applicable. (i) Is the Subscriber or will the Subscriber be, or is the Subscriber or will the Subscriber be acting on behalf of any entity that is or will be, an employee benefit plan that is subject to Part 4 of Subtitle B of Title I of ERISA, or an entity any of the assets of which include assets of any such plan? ☐ Yes ☐ No
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Status as Benefit Plan Investor (Please Check Each as Applicable. (i) The Subscriber is either: (1) an “employee benefit plan” within the meaning of Section 3(3) of ERISA and subject to Part 4 of Subtitle B of Title I of ERISA; (2) a “plan” as defined in Section 4975(e)(1) of the Code to which Section 4975 of the Internal Revenue Code applies; (3) any other entity or account whose underlying assets include “plan assets” by reason of a plan’s investment in the entity and such plan investors include those described in clauses (1) or (2); or (4) an insurance company using general account assets, if such general account assets are deemed to include the assets of any of the foregoing types of plans, accounts or arrangements for purposes of Title I of ERISA or Section 4975 of the Internal Revenue Code under Section 401(c)(1)(A) of ERISA or the regulations promulgated thereunder? ☐ Yes ☐ No

Related to Status as Benefit Plan Investor (Please Check Each as Applicable

  • Reliance as a Safe Harbor For purposes of this Agreement, and without creating any presumption as to a lack of good faith if the following circumstances do not exist, Indemnitee shall be deemed to have acted in good faith and in a manner he or she reasonably believed to be in or not opposed to the best interests of the Company if Indemnitee’s actions or omissions to act are taken in good faith reliance upon the records of the Company, including its financial statements, or upon information, opinions, reports or statements furnished to Indemnitee by the officers or employees of the Company or any of its subsidiaries in the course of their duties, or by committees of the Board or by any other Person (including legal counsel, accountants and financial advisors) as to matters Indemnitee reasonably believes are within such other Person’s professional or expert competence and who has been selected with reasonable care by or on behalf of the Company. In addition, the knowledge and/or actions, or failures to act, of any director, officer, agent or employee of the Company shall not be imputed to Indemnitee for purposes of determining the right to indemnity hereunder.

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