(l) When the investor acts (directly or indirectly) on behalf of a «plan» (as defined below) submitted to Title I of ERISA, Section 4975 of the Code or other U.S. or non-U.S. provisions, he is subject (directly or indirectly). (1) the decision to invest in the fund was made by an agent (within the meaning of Section 3.21) of ERISA and the provisions contained in it, or within the meaning of similar applicable laws, by an agent (within the meaning of Section 3.21) of ERISA and the provisions contained in it or within the meaning of similar applicable laws. , the director, the fund and their respective associated companies (together the «companies concerned») and who: (i) is duly empowered to make such an investment decision on behalf of the plan, (ii) is able to independently assess investment risks, both in general terms and for certain investment transactions and strategies, and (iii) is responsible for the exercise of an independent judgment when assessing the investment; 2. In approving the plan`s investment in the Fund, the agent took into account his fiduciary duties in accordance with existing legislation, including ERISA or similar legislation, including the diversification requirements set out in Section 404 (a) (1) (C) of ERISA (if any), and concluded that these investments are prudent; (3) the underwriting of the investment plan in the fund and the acquisition of shares envisaged are in accordance with the provisions of the master instruments of the plan and comply with all applicable requirements of ERISA, the code and all similar applicable laws and do not constitute a prohibited transaction not exempt under the ERISA Section or 4975 of the code or a similar offence under the applicable similar law; and (4) the agent recognizes and acknowledges that none of the relevant bodies with respect to the plan will be, because of the plan`s investment in the Fund, in accordance with the provisions of ERISA or other similar applicable laws or by other means, agents with respect to the plan, and, or to the extent that such immunity may be granted to it (whether or not it is claimed) if the Fund has not otherwise agreed in writing , it irrevocably accepts that it does not enjoy this immunity and irrevocably renounces the withdrawal or transfer of the investor`s interest in the fund in accordance with the terms of this agreement. repay the outstanding amounts payable under the underwriting facility, up to their co-payment; provided that this investor is not required to fund a disclosure of the account that goes beyond its promise of unused funds and that the lenders under a subscription facility are third parties beneficiaries of this subscription contract, who can avail themselves of the investor`s agreements in this section 4 to provide a subscription facility to the fund. ☐ certificate from a competent agent certifying that the subscription has been authorized and the identification of authorized signatories; and pursuant to a subscription agreement reached on August 26, 2020 with Tricon and Tricon PIPE LLC, the subsidiary of Tricon that issues the «subsidiary,» the investor agreed to acquire 240,000 shares of Preferred Equity at a total purchase price of US$240 million and one common share at market price (the «purchased securities»).
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