Examples of ERISA Plan Investor in a sentence
No ERISA Plan Investor may acquire shares without the Company’s prior written consent (which consent may be withheld in the Company’s sole and absolute discretion).
For purposes of this Section 7.7, (i) excise taxes assessed on an Indemnitee, or for which the Indemnitee is otherwise found liable, in connection with an ERISA Plan Investor pursuant to applicable law shall constitute fines within the meaning of this Section 7.7 and (ii) actions taken or omitted by the Indemnitee in connection with an ERISA Plan Investor in the performance of its duties shall be deemed to be for a purpose which is not opposed to the best interests of the Partnership.
No ERISA Plan Investor or “Controlling Person” (being a person, other than an ERISA Plan Investor, that has discretionary authority or control with respect to the assets of New MXC or that provides investment advice for a fee (direct or indirect) with respect to such assets, or any affiliate of such a person) may acquire shares without New MXC’s prior written consent (which consent may be withheld New MXC’s sole and absolute discretion).
Prior to the shares qualifying as a class of “publicly-offered securities” under or in relation to the Plan Assets Regulation (or the shares qualifying for another exception to the “look through” rule thereunder), transfers of shares to ERISA Plan Investors that would increase aggregate ERISA Plan Investor ownership of any class of Shares to a level that would meet or exceed 25 per cent.
Each page of the tender document should be signed by the bidder as proof of having read the contents therein and to ensure that bidders do not plead ignorance of the contents subsequently.
After the discovery of the existence of the Trust, but prior to the redemption of all discovered Shares-in-Trust and/or the submission of all discovered Shares-in-Trust for registration in the name of the Trust, any transfer of Shares by an ERISA Plan Investor to a non-ERISA Plan Investor shall reduce the number of Shares-in-Trust on a one-for-one basis, and, to that extent, such Shares shall cease to be designated as Shares-in-Trust.
As described above, any transferee of this Certificate will be deemed to have represented by virtue of its purchase or holding of this Certificate (or any interest herein) that either (a) such transferee is not an ERISA Plan or an ERISA Plan Investor, or (b) the transferee is a Complying Insurance Company.
Notwithstanding the foregoing, in no event may the Trustee cause the --------- Trust to issue to Unitholders (including the Trustee and its Affiliates) or other Persons any Units or other Trust Interests if such issuance would, in the opinion of counsel to the Trust, cause any portion of the assets of the Trust to constitute assets of any ERISA Plan Investor pursuant to 29 C.F.R. (S) 2510.3- 101, or any successor regulation thereto.
As described above, any transferee of a Class A Certificate not rated at least AA- (or its equivalent) by Standard & Poors, Moodys or Fitch at the time of purchase will be deemed to have represented by virtue of its purchase or holding of such Certificate (or any interest herein) that either (a) such transferee is not an ERISA Plan or an ERISA Plan Investor, or (b) the transferee is a Complying Insurance Company.
AA Capital established and maintained bank trust accounts (the “Investor Trust Accounts”) for each ERISA Plan Investor to hold the funds until such time as when AA Capital was supposed to use the money to make investments on behalf of the Investor.