Dit prospectus is gemaakt voor de uitgifte van dit product en ... - Iex

‘“benefit plan investors”. “Benefit Plan Investors” include any (i) employee benefit plan as defined inSection 3(3) of ERISA, that is subject to Title I of ERISA, (ii) plan described in Section 4975 of the Code, thatis subject to Section 4975 of the Code, including without limitation, an individual retirement account orKeogh plan or (iii) entity whose underlying assets include assets of a plan described in (i) or (ii) by reason of aplan’s investment in such entity, including but not limited to, as applicable, an insurance company generalaccount, an insurance company separate account or a collective investment fund.If the assets of the Issuer were deemed to be plan assets of a Plan, the Issuer would be subject to certainfiduciary obligations under ERISA and certain transactions that the Issuer might enter into, or may haveentered into, in the ordinary course of business might constitute or result in non-exempt prohibitedtransactions under ERISA or Section 4975 of the Code and might have to be rescinded.Under the Plan Asset Regulations, an “operating company” is defined as “an entity that is primarily engaged,directly or through a majority owned subsidiary or subsidiaries, in the production or sale of a product orservice other than the investment of capital”. The Issuer is an “operating company” for purposes of the PlanAsset Regulations, although no assurance can be given in this regard. As such, Benefit Plan Investors maypurchase Notes and the underlying assets of the issuer will not be deemed a plan asset.Nevertheless, prohibited transactions within the meaning of Section 406 of ERISA or Section 4975 of theCode may arise if any of the Notes are acquired by a Benefit Plan Investor with respect to which the Issuer is aParty in Interest. Accordingly, each purchaser and subsequent transferee of any Note will be deemed by suchpurchase or acquisition of any Note to have represented and warranted, on each day from the date on whichthe purchaser or transferee acquires the Note through and including the date on which the purchaser ortransferee disposes of such Note, that either (i) it is not, is not using the assets of and shall not at any time holdsuch Note for or on behalf of a Benefit Plan Investor or a governmental, church or non-U.S. plan or (ii) itsacquisition, holding and disposition of such Note or of any interest therein, will not constitute or result in anon-exempt prohibited transaction under Section 406 of ERISA or Section 4975 of the Code or, in the case ofa governmental, church or non-U.S. plan, a violation of any applicable Similar Laws.Any Plan fiduciary that proposes to cause a Plan to purchase any Notes or any interest therein, should consultwith its counsel regarding the applicability of the fiduciary responsibility and prohibited transaction provisionsof ERISA and Section 4975 of the Code to such an investment, and to confirm that such investment will notconstitute or result in a prohibited transaction or any other violation of an applicable requirement of ERISA.Similarly, fiduciaries of any governmental, church or non-U.S. plans should consult with their counsel beforepurchasing any of the Notes or any interest therein.341