LIPPO-MAPLETREE - Lippo Malls Indonesia Retail Trust - Investor ...

Plan of distribution• We understand that the mark-to-market election is available only for “marketable stock,” which is stockthat is traded in other than de minimis quantities on at least 15 days during each calendar quarter on aqualified exchange or other market, as defined in applicable U.S. Treasury regulations. Although not freefrom doubt, we understand that the SGX-ST should be considered as a qualified exchange or othermarket for this purpose;• We understand that, in general, if a non-U.S. corporation is a PFIC, a holder of shares in that corporationmay avoid taxation under the rules described above by making a “qualified electing fund” election toinclude its share of the corporation’s income on a current basis, or a “deemed sale” election once thecorporation no longer qualifies as a PFIC. We understand and acknowledge however that we may makea qualified electing fund election with respect to our Units only if LMIR Trust agrees to furnish us annuallywith certain tax information, and LMIR Trust does not intend to prepare and provide such information;and• We understand that if we hold Units in any year in which LMIR Trust is a PFIC, we will be required to fileInternal Revenue Service Form 8621 regarding distributions received on the Units and any gain realisedon the disposition of the Units. We acknowledge that we have been advised to consult our tax adviserregarding the application of the PFIC rules to our investment in the Units.In addition, each subscriber or purchaser of Units or any interest therein, including in the secondarymarket, will be deemed to have represented that no portion of the funds used by it to acquire the Unitsconstitute (a) the assets of any “plan” (as such term is defined in Section 4975 of the U.S. Internal RevenueCode of 1986, as amended (the “IRC”)) that is subject to Section 4975 of the IRC or (b) the “plan assets” ofany “employee benefit plan” that is subject to Title I of the U.S. Employee Retirement Income Security Actof 1974, as amended (“ERISA”), pursuant to U.S. Department of Labor RegulationSection 2510.3-101(b)(i) as modified by Section 3(42) of ERISA or Section 401(c) of the ERISA.264