GLDUS130 Aspen Grove Capital, LLC the "IRA owner" of such an individual retirement account), and (b) to the extent the Investor's Interest is being held by a custodian, (x) the General Partner may, without further instruction or consent of the Investor or any beneficial owner of the Investor, re-register the Investor's Interests in the name of the beneficial owner of such Investor upon instruction provided by such custodian that it is no longer willing to retain custody or act as custodian for the Investor's Interests and the Investor has not simultaneously provided a substitute custodian for such individual retirement account, and (y) such re-registration may have adverse consequences to the beneficial owner of such individual retirement account; (24) if the Investor is acquiring an Interest with the assets of the general account of an insurance company, the Investor represents, warrants and covenants that on each day the Investor owns an Interest either (a) the assets of such general account arc not considered to be plan assets within the meaning of Department of Labor Regulations Section 2510.3-101 or Department of Labor regulations issued pursuant to Section 401(c)( I )(A) of ERISA, or (b) the execution and delivery of this Agreement, and the acquisition and redemption of the Interest, is exempt from the prohibited transaction rules of Section 406(a) of ERISA and Section 4975(e)( I )(A)—(D) of the Code by virtue of Department of Labor Prohibited Transaction Class Exemption 95-60 or some other exemption of such rules; (25) by signing this Agreement. each Investor that is either a Plan Investor or using the assets of an insurance company general account hereby covenants that if, after its initial acquisition of an Interest, at any time during any month the percentage of the assets of such general account (as reasonably determined by the Investor) or Plan Investor, as applicable, that constitute "plan assets" for purposes of Tide I of ERI