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efta-efta01386230DOJ Data Set 10CorrespondenceEFTA Document EFTA01386230
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DOJ Data Set 10
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efta-efta01386230
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AGP LP 519 Alpha Group Capital Paul Barrett
because the beneficial interest is held through a chain involving one or more
third-party intermediaries; or
K
(xv) none of the above applies (further information may be required to
determine investor type).
Benefit Plan Investor Status:
In order for the Partnership to accurately monitor its "Benefit Plan Investor participation,
please review the following definition of a 'Benefit Plan Investor" and make the appropriate
representations by checking all applicable boxes following the definition.
A "Benefit Plan Investor is (i) any employee benefit plan subject to the fiduciary
responsibility provisions of Title I of the Employee Retirement Income Security Act of 1974, as amended
("ERISA"), (ii) any individual retirement plan or account subject to the prohibited transaction rules of
Section 4975 of the Internal Revenue Code of 1986, as amended (the "Code") or (iii) any entity whose
underlying assets include "plan assets" (as defined by ERISA and the regulations thereunder) by reason
of a plan's investment in the entity.
The New Limited Partner represents that (please check all applicable boxes):
A.
K
it is not a Benefit Plan Investor;
OR
B.
K
it is not a Benefit Plan Investor and it is a "government plan" as defined by
Section 3(32) of ERISA or a non-electing 'church plan" within the meaning of
Section 3(33) of ERISA;
OR
C.
K
it is not a Benefit Plan Investor and it is a Controlled Person. A Controlled
Person is excluded from the Partnership's 25% ERISA calculation and is (i) any
person (including an entity) with investment authority or responsibility over the
Partnership's assets or (ii) any person controlling, controlled by or under common
control with a person described in (i).
OR
D. K
It is a Benefit Plan Investor that is:
1.
K
subject to Part 4 of Title I of ERISA;
2.
K
subject to Section 4975 of the Code (that has not checked D1);
3.
K
an entity whose underlying assets include "plan assets".
The New
Limited Partner also represents that the percentage of its "plan assets" compared
to the value of its total assets or included in its general account is not more than:
K
10% • K
20% • K
30%
K
40%
K
50%
K
60%
K
70%
K
80%
K
90%
K
100%;
5
CONFIDENTIAL - PURSUANT TO FED. R. GRIM. P. 6(e)
DB-SDNY-0087827
CONFIDENTIAL
SDNY_GM_00234011
EFTA01386230
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