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Subject to [Section 1.401(a)(35)-1(f)(2)(iv)(B)])] of the Treasury Regulations, if the Company or any member of the controlled group of corporations (as defined in [Section 1.401(a)(35)-1(f)(2)(iv)(A)])] of the Treasury Regulations) that includes the Company has issued a class of stock that is a publicly traded employer security, and the Plan holds employer securities that are not publicly traded employer securities, then the Plan shall be treated as holding publicly traded employer securities.

Subject to [Section 1.401(a)(35)-1(f)(2)(iv)(B)])] of the Treasury Regulations,under SEC Rule 14c3-1 (17 CFR 240.15c3). In addition, if the CompanyEmployer, or any member of thea controlled group of corporations (as defineddescribed in [Section 1.Regulation §1.401(a)(35)-1(f)(2)(iv)(A)])] of the Treasury Regulations) that which includes the CompanyEmployer, has issued a class of stock thatwhich is a publicly traded employer security, and the Plan holdshold employer securities thatwhich are not publiclypu blicly traded employerEmployer securities, then the Plan shall be treated as holding publicly traded employerEmployer securities.

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