Section 1.3 The sixth paragraph of Section 13 is hereby deleted in its entirety and replaced with the following new paragraph; “Each Fund hereby represents to State Street that: (i) its policies and objectives generally permit it to engage in securities lending transactions; (ii) its policies permit it to purchase shares with cash Collateral of the State Street Navigator Securities Lending Portfolio II; (iii) its participation in State Street’s securities lending program, including the investment of cash Collateral in the State Street Navigator Securities Lending Portfolio II, has been approved by a majority of the trustees that are not “interested persons” within the meaning of section 2(a)(19) of the Investment Company Act of 1940, as amended, of the Fund and such trustees will evaluate the securities lending program no less frequently than annually to determine that the investment of cash Collateral in the State Street Navigator Securities Lending Portfolio II is in the Fund’s best interest; (iv) its prospectus provides appropriate disclosure concerning its securities lending activity; and (v) that the trustees have obtained competing quotes with respect to lending agent fees from at least three independent lending agents or a report of an independent consultant to assist the trustees in determining that the fees for State Street’s services hereunder are fair and reasonable in light of the usual and customary charges imposed by others for services of the same nature and quality.
SECTION 9 OF THE 1934 ACT During the term of this Agreement, the Investor will comply with the provisions of Section 9 of the 1934 Act, and the rules promulgated thereunder, with respect to transactions involving the Common Stock. The Investor agrees not to sell the Company's stock short, either directly or indirectly through its affiliates, principals or advisors, the Company's common stock during the term of this Agreement.
Section 5.2 29 It is further recognized that this Agreement does not alter the responsibility of either party to meet with the 30 other party to advise, discuss or consult regarding matters concerning working conditions not covered by 31 this Agreement. 35 A R T I C L E V I 36 37 ASSOCIATION REPRESENTATION 38
Exchange Act “Exchange Act” shall mean the Securities Exchange Act of 1934, as amended.
SEC “SEC” shall mean the United States Securities and Exchange Commission.