Entity Holding Plan Assets by Reason of Plan Asset Regulations. We, or the entity on whose behalf we are acting, are an entity or fund whose underlying assets include “plan assets” by reason of a Benefit Plan Investor’s investment in such entity.
Entity Holding Plan Assets by Reason of Plan Asset Regulations. Is the investor, or is the investor acting on behalf of, an entity, separate account or fund whose underlying assets include "plan assets" by reason of a Benefit Plan Investor’s investment in such entity, separate account or fund? ☐ Yes ☐ No
Entity Holding Plan Assets by Reason of Plan Asset Regulations. We, or the entity on whose behalf we are acting, are an entity or fund whose underlying assets include “plan assets” within the meaning of the U.S. Department of Labor’s regulations set forth at 29 C.F.R. Section 2510.3-101 as effectively modified by Section 3(42) of ERISA (the “Plan Asset Regulations”) by reason of the investment in such entity or fund by an employee benefit plan or plan described in Section 1 above. ¨ Please indicate the percentage of the entity or fund that constitutes “plan assets”: %. IF YOU CHECK THIS BOX 2 BUT DO NOT INCLUDE ANY PERCENTAGE IN THE BLANK SPACE, YOU WILL BE COUNTED AS IF YOU HAD FILLED IN 100% IN THE BLANK SPACE.
Entity Holding Plan Assets by Reason of Plan Asset Regulations. Is the Investor, or is the Investor acting on behalf of, an entity or fund whose underlying assets include “plan assets” by reason of a Benefit Plan Investor’s investment in such entity? ☐ Yes ☒ No Examples: (i) an insurance company separate account, (ii) a bank collective trust fund and (iii) a hedge fund or other private investment vehicle where 25% or more of the total value of any class of its equity is held by Benefit Plan Investors. If the Investor answered “Yes” to this Question 2 above, please indicate the maximum percentage of the entity or fund that will constitute “plan assets” for purposes of Title I of ERISA or Section 4975 of the Code: ______%. AN ENTITY OR FUND THAT CANNOT PROVIDE THE FOREGOING PERCENTAGE HEREBY ACKNOWLEDGES THAT FOR PURPOSES OF DETERMINING WHETHER BENEFIT PLAN INVESTORS OWN LESS THAN 25% OF THE TOTAL VALUE OF THE SUBORDINATED NOTES ISSUED BY THE ISSUER, 100% OF THE ASSETS OF THE ENTITY OR FUND WILL BE TREATED AS “PLAN ASSETS.” ERISA and the regulations promulgated thereunder are technical. Accordingly, if you have any question regarding whether you may be an entity described in this Question 2, you should consult with your counsel.
