EFTA Document EFTA01353700

Securities Act (as defined above) or otherwise. This representation will be deemed repeated at the time of such delivery. (iii) Additional Representations of Party B. Party B on and as of the date hereof and at all times until the termination of this Agreement and the Transactions, that (A) the assets of Party B do not and, prior to termination of this Agreement and the Transactions, will not constitute "plan assets" under Section 3(42) of the Employee Retirement Income Security Act of 19