Common use of Xxxxx Accounts Clause in Contracts

Xxxxx Accounts. A. Has the subscribing entity been formed for the specific purpose of investing in the Shares? YES |_| NO |_| If your answer to question A is "No" CHECK whichever of the following statements (1-3) is applicable to the subscribing entity. If your answer to question A is "Yes" the subscribing entity must be able to certify to the statement (3) below in order to qualify as an "accredited investor". The undersigned trustee certifies that the trust is an "accredited investor" because: _______1) the trust has total assets in excess of $5,000,000 and the investment decision has been made by a "sophisticated person"; OR _______2) the trustee making the investment decision on its behalf is a bank (as defined in Section 3(a)(2) of the Act), a saving and loan association or other institution as defined in Section 3(a)(5)(A) of the Securities Act, acting in its fiduciary capacity; OR _______3) the undersigned trustee certifies that the trust is an accredited investor because the grantor(s) of the trust may revoke the trust at any time and regain title to the trust assets and has (have) retained sole investment control over the assets of the trust and the (each) grantor(s) meets at least one of the following conditions described above under INDIVIDUAL ACCREDITED INVESTOR STATUS. Please also CHECK the appropriate space in that section. _______4) the undersigned trustee certifies that the trust is an accredited investor because all of the beneficial owners of the trust are accredited investors (NOTE: FOR EACH GRANTOR AN INCOME STATEMENT MUST BE COMPLETED)