“Financial or institutional investor” defined. “Financial or institutional investor” means any of the following, whether acting for itself or others in a fiduciary capacity other than as an agent:
1. A depository institution;
2. An insurance company;
3. A separate account of an insurance company;
4. An investment company as defined in the Investment Company Act of 1940;
5. An employee pension, profit-sharing, or benefit plan if the plan has total assets in excess of $5,000,000 or its investment decisions are made by a named fiduciary, as defined in the Employee Retirement Income Security Act of 1974, that is either a broker-dealer registered under the Securities Exchange Act of 1934, an investment adviser registered or exempt from registration under the Investment Advisers Act of 1940, a depository institution, or an insurance company; and
6. Any other institutional buyer.
Last modified: February 26, 2006