Diversification Requirements. The Borrower will, and will cause its Subsidiaries (other than Financing Subsidiaries that are exempt from the provisions of the Code applicable to RIC’s), subject to applicable grace periods set forth in the Code, to comply with the portfolio diversification and similar requirements set forth in the Code applicable to RIC’s.

ESOP Diversification. Any Plan provision to the contrary notwithstanding, the Committee shall provide at least three distinct Investment Funds (other than Company Stock) that satisfy the requirements of Code Section 401(a)(28) and/or Code Section 401(a)(35), as applicable. This [Section 5.1(b)] is not applicable after February 1, 2015 because all Company Stock will be converted to cash on that date.

ESOP Component Diversification Withdrawals. Subject to [Section 7.4(d)], a Participant or Former Participant that has attained age 55 may at any time withdraw all or any part of the balance in his Company Matching Account and Profit Sharing Account; provided that any such withdrawal must be no less than $500. This [Section 7.4(c)] represents the distribution rules applicable to the former ESOP component of the Plan. Accordingly, for purpose of this [Section 7.4(c)], the terms “Company Matching Account” and “Profit Sharing Account” do not include legacy matching contribution accounts held under the prior versions of the Plan that were not attributable to the ESOP component of the Plan.

shall not make any Restricted Payments without the prior written consent of the Administrative Agent; provided that the Company may make Permitted Distributions and Permitted RIC Distributions subject to the other requirements of this Agreement;

-3 The Plan may transfer the portion of the Participant’s Account subject to the diversification election to another qualified defined contribution plan of the Employer that offers at least three investment options satisfying the requirements of the Regulations under [Section 404(c)] of ERISA.

Requirements. The Tenant shall ensure that the Tenant and any household member, invitee, or guest of the Tenant:

Requirements. Tenant shall be responsible for Contractor, subcontractors, suppliers and materialmen # obtaining Landlord’s prior written approval of all subcontractors to be utilized in the performance of such construction work, # obtaining all necessary governmental permits and approvals in connection with the Tenant Improvements (and Landlord shall have no responsibility whatsoever in connection with obtaining the same), # furnishing to Landlord, prior to the commencement of any construction in the Premises, certificates of insurance evidencing insurance as required by the “Conditions for Construction”, if any, then applicable to the Building and # performing the construction work in such manner as to minimize, to the extent possible, disturbance of other tenants and occupants of the Building and, with respect to any work the sound levels or other effects of which would create a material disturbance of other tenants or occupants of the Building, performing such work during hours other than “regular hours” on “business days” (as such terms are defined in Paragraph 15.01 of the Lease). Landlord shall have no responsibility for furnishing any security services in or about the Building or Premises to safeguard the construction project or materials in connection therewith, other than that customarily provided in the Building for its use as an office/retail building. Tenant agrees not to employ any contractor for any work in the Premises which involves a type of labor which in the City of New York is typically provided by unionized laborers whose presence may give rise to a labor or other disturbance in the Building and, if necessary to prevent such a disturbance in a particular situation, Landlord may require Tenant to employ union labor for the work.

Requirements. An individual shall be eligible to elect to contribute Basic Deferrals and be credited with Matching Deferrals if he or she is working for a Participating Employer in a capacity classified by the Participating Employer as that of an employee and, for compensation purposes, is assigned by the Participating Employer to grade 20 (or its equivalent) or above. An employee shall be eligible to participate only if the employee is so notified, in writing, by the Participating Employer of the material terms of the Plan.

SECTION # Portfolio Valuation and Diversification, Etc.

SECTION #Maintenance of RIC Status and Business Development Company.‌7785