nt #4 Page 864 of 868 e of tomcat. obtained representabons from each of the purchasers trial d was an eratitubonal "smelted investce" as delned In Rde 501(a)(1), (2). (3) or (7) of Regulabon D promulgated under the Securees Act or a -cualihed instettonal buyer' as clef ned n Rile 144A promulgated under the