| | | 10.__Guaranteed. "Guaranteed" means guaranteed as to payment | | of all or substantially all of principal and interest or | | dividends. |
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| | | 11.__Institutional investor. "Institutional investor" means | | any of the following, whether acting for itself or for others in | | a fiduciary capacity: |
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| | | A.__A depository institution or international banking | | institution; |
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| | | B.__An insurance company; |
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| | | C.__A separate account of an insurance company; |
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| | | D.__An investment company as defined in the federal | | Investment Company Act of 1940; |
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| | | E.__A broker-dealer registered under the federal Securities | | Exchange Act of 1934; |
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| | | F.__An employee pension, profit-sharing or benefit plan if | | the plan has total assets in excess of $10,000,000 or its | | investment decisions are made by a named fiduciary, as | | defined in the federal Employee Retirement Income Security | | Act of 1974, that is a broker-dealer registered under the | | federal Securities Exchange Act of 1934, an investment | | adviser registered or exempt from registration under the | | federal Investment Advisers Act of 1940, an investment | | adviser registered under this chapter, a depository | | institution or an insurance company; |
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| | | G.__A plan established and maintained by a state, a | | political subdivision of a state or an agency or | | instrumentality of a state or a political subdivision of a | | state for the benefit of its employees, if the plan has | | total assets in excess of $10,000,000 or its investment | | decisions are made by a duly designated public official or | | by a named fiduciary, as defined in the federal Employee | | Retirement Income Security Act of 1974, that is a broker- | | dealer registered under the federal Securities Exchange Act | | of 1934, an investment adviser registered or exempt from | | registration under the federal Investment Advisers Act of | | 1940, an investment adviser registered under this chapter, a | | depository institution or an insurance company; |
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| | | H.__A trust, if it has total assets in excess of $10,000,000, its | | trustee is a depository institution and its participants are | | exclusively plans of the types identified |
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