Common use of CHECK APPROPRIATE BOX Clause in Contracts

CHECK APPROPRIATE BOX. [ ] The Transferee (A) is not an employee benefit plan or arrangement subject to Section 406 of ERISA or a plan subject to Section 4975 of the Code (a "Plan"), nor a person acting on behalf of a Plan nor using the assets of a Plan to effect such transfer, and (B) is not an insurance company purchasing a Class B Certificate with funds contained in an "insurance company general account" or an "insurance company separate account" (as defined in Section V(e) of Prohibited Transaction Class Exemption 95-60 ("PTCE 95-60")) as to which there is a Plan with respect to which the amount of such general account's reserves and liabilities for the contracts held by or on behalf of such Plan and all other Plans maintained by the same employer (or affiliate thereof as defined in Section V(a)(1) of PTCE 95-60) of by the same employee organization exceed 10% of the total of all reserves and liabilities of such general account (as such amounts are determined under Section I(a) of PTCE 95-60) at the date of acquisition; or [ ] The Transferee is a Plan or a person acting on behalf of a Plan or using the assets of a Plan to effect such transfer or is an insurance company purchasing a Class B Certificate with funds contained in an insurance company general account or separate account, but has attached hereto an opinion of counsel addressed to the Trustee to the effect that the purchase or holding of such Class B Certificate will not result in the assets of the Trust Fund being deemed to be "plan assets" and subject to the prohibited transaction provisions of ERISA and the Code and will not subject the Trustee to any obligation in addition to those expressly undertaken in the Agreement or to any liability.