I (the “Member”) hereby certify that I am a "qualified purchaser" as defined in Section 2(a)(51)(A) of the Investment Company Act of 1940, as amended (the “Company Act”), because:
The Member is a knowledgeable employee with respect to the KG Investments Fund LLC (the “Fund”) as such term is defined in Rule 3c-5 under the Company Act.
The Member is a trust that was not formed for the specific purpose of acquiring an interest in the Fund; and each trustee (or other authorized person) that is authorized and required to make investment decisions with respect to the Member is a qualified purchaser, and each grantor (i.e., settlor) or other person who has contributed assets to the Member is a qualified purchaser at any time such person contributed assets to the Member.
The Member is a person or entity acting for its own account or the accounts of other qualified purchasers that: (a) was not formed for the specific purpose of acquiring an interest in the Fund; and (b) in the aggregate owns and invests on a discretionary basis not less than $25,000,000 in Investments, including Investments owned by its majority-owned subsidiaries, its parent company (if such parent owns a majority of the Member) and other majority-owned subsidiaries of its parent company.
The Member is a corporation, a partnership, an association, a joint-stock company, a fund or any organized group of persons whether incorporated or not, that: (1) was not formed for the specific purpose of acquiring an interest in the Fund; (2) owns not less than $5,000,000 in Investments; and (3) is owned directly or indirectly by or for: (i) two or more natural persons who are related as siblings or spouses (including former spouses), or direct lineal descendants by birth or adoption; (ii) spouses of such persons; (iii) the estates of such persons; or (iv) foundations, Section 501(c)(3) organizations (i.e., charitable organizations) or trusts established by or for the benefit of such persons (a “Family Company”).
The Member is an individual retirement account, Keogh Plan or other self-directed defined contribution plan in which a participant may exercise control over the investment of assets credited to his or her account, and the investing participant is a qualified purchaser.
Each beneficial owner of the Member’s equity interests is a qualified purchaser (i.e., can qualify as a qualified purchaser under one of the foregoing categories in this Qualified Purchaser Questionnaire).
None of the above items is applicable with respect to the Member.