Exhibit 4.2
energiUS
Funds
INSTRUCTIONS TO
SUBSCRIBERS
Checks for Units should
be made payable to “energiUS Fund (fill in as
appropriate): [I, II, III, IV, or V], LP” and should be
given to the subscriber’s broker for submission to the Dealer
Manager. The minimum subscription is $10,000. Additional purchases
above such minimum may be made in increments of $10,000.
Subscriptions are payable only in cash upon subscription.
Signature
Requirement
Investors are required
to execute their own subscription agreements. energiUS Management
LLC, the managing general partner (the “ Managing General
Partner ”) will not accept any subscription agreement
that has been executed by someone other than the investor or, in
the case of fiduciary accounts, someone who does not have the legal
power of attorney to sign on the investor’s
behalf.
General Suitability
Requirement
Units, including
fractional Units, will be sold only to an investor who has
either:
• a minimum net worth of $225,000;
or
• a minimum net worth of $60,000 and
minimum annual gross income of at least $60,000.
Net worth shall be
determined exclusive of home, home furnishings and automobiles. In
addition, Units will be sold only to an investor who makes a
written representation that he is the sole and true party in
interest and that he is not purchasing for the benefit of any other
person, or that he is purchasing for another person who meets all
of the conditions set forth above.
Additional
Requirements for Investors in Certain States
Additional suitability
requirements are applicable to residents of certain states where
the offer and sale of Units are being made as set forth
below.
Arizona, Michigan, Ohio
and Pennsylvania investors are not permitted to invest in the Units
if the dollar amount of the investment is equal to or more than 10%
of their net worth, exclusive of home, home furnishings and
automobiles.
Notice to New
Hampshire Subscribers
New Hampshire residents
purchasing either limited or additional general partnership
interests must:
• have a net worth, exclusive of
home, home furnishings and automobiles of $250,000; or
• have a net worth, exclusive of
home, home furnishings and automobiles of $125,000 and $50,000 of
taxable income.
Limited Partner
Subscribers
A Michigan or North
Carolina resident must have either:
• a net worth of not less than
$225,000, exclusive of his home, home furnishings, and automobiles;
or
• a net worth of not less than
$60,000, exclusive of his home, home furnishings, and automobiles,
and estimated taxable income of $60,000 or more in the year of his
investment without regard to an investment in a
partnership.
Additional General
Partner Subscribers
Except as otherwise
provided below, a resident of Alabama, Alaska, Arizona, Arkansas,
Indiana, Idaho, Iowa, Kentucky, Maine, Massachusetts, Minnesota,
Nebraska, Nevada, New Mexico, North Carolina, Ohio, Oklahoma,
Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah,
Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming
who subscribes for Units of additional general partner interest
must represent that he either:
•
has minimum net worth,
exclusive of his home, home furnishings and automobiles, of
$225,000 without regard to the investment in the program and a
minimum annual gross income of $100,000 or more for the current
year and for the two previous years;
• has minimum net worth in excess of
$1,000,000, inclusive of home, home furnishings and
automobiles;
• has minimum net worth in excess of
$500,000, exclusive of home, home furnishings and automobiles;
or
• has minimum annual gross income in
excess of $200,000 in the current year and the two previous
years.
If the investor is a
resident of Kansas, Michigan, Mississippi, Missouri, Oregon or
South Dakota, he must represent that he either:
• has minimum net worth, exclusive of
his home, home furnishings and automobiles, of $225,000 without
regard to investment in the program and a taxable income of $60,000
or more for the previous year and the expectation of an annual
taxable income of $60,000 or more for the current year and for the
next succeeding year;
• has minimum net worth in excess of
$1,000,000, inclusive of home, home furnishings and
automobiles;
• has minimum net worth in excess of
$500,000, exclusive of home, home furnishings and automobiles;
or
• has minimum annual gross income in
excess of $200,000 in the current year and the two previous
years.
