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.
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