Compliance with Fiduciary Rule. Any purchaser, transferee or holder of Notes or any interest therein that is a “benefit plan investor” as defined in 29 C.F.R. Section 2510.3-101 as modified by Section 3(42) of the Employee Retirement Income Security Act of 1974, as amended (a “Benefit Plan Investor”) or a fiduciary purchasing the Notes on behalf of a Benefit Plan Investor (a “Plan Fiduciary”) will be deemed to make the following representations in connection with the regulations promulgated by the Department of Labor at 29 C.F.R. Section 2510.3-21 on April 8, 2016 (81 Fed. Reg. 20,997) (the “Fiduciary Rule”). Accordingly, in connection with the Fiduciary Rule, each Benefit Plan Investor will be deemed to have represented by its acquisition of the Notes that:
Compliance with Fiduciary Rule. Any purchaser, transferee or holder of Notes or any interest therein that is a “benefit plan investor” as defined in 29 C.F.R. Section 2510.3-101 as modified by Section 3(42) of the Employee Retirement Income Security Act of 1974, as amended (a “Benefit Plan Investor”) or a fiduciary purchasing the Notes on behalf of a Benefit Plan Investor (a “Plan Fiduciary”) will be deemed to make the following representations in connection with the regulations promulgated by the Department of Labor at 29 C.F.R. Section 2510.3-21 on April 8, 2016 (81 Fed. Reg. 20,997) (the “Fiduciary Rule”). Accordingly, in connection with the Fiduciary Rule, each Benefit Plan Investor will be deemed to have represented by its acquisition of the Notes that the person making the decision to invest in the Notes on behalf of the investor is an Independent Fiduciary (as defined in (4) below) and such Independent Fiduciary will be deemed to have represented, warranted and agreed by its acquisition of the Notes that:
