No Acquired Company is a “benefit plan investor” as defined in Section 3(42) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), and none of the transactions contemplated by this Agreement are in violation of any statutes applicable to any Acquired Company, that regulate investments of, and fiduciary obligations with respect to the government plans that are similar to the provisions of Section 406 of ERISA or Section 4975 of the Internal Revenue Code of 1986, as amended.