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Employee Benefits Security Administration

1997 Individual Exemptions

PTE 1997-01

D-10143

G: 62 FR 1925 (01/14/97)

P: 61 FR 57467 (11/06/96)

Univar Corporation UniSaver Tax Savings Investment Plan

Permits the extension of credit in the form of guarantees and loans of funds (the Loans), not to exceed $1,466,785.38, by Univar Corporation (the Employer), the sponsor of the Plan, or its successors, with respect to Guaranteed Investment Contract 62127 issued by Confederation Life Insurance Company of Canada, and the repayment of the Loans by the Plan to the Employer.

PTE 1997-02

D-10262 - D-10264

G: 62 FR 1925 (01/14/97)

P: 61 FR 55322 (10/25/96)

Wayne Obstetrical Group, P.A. Money Purchase Retirement Plan; Pediatric Professional Associates, P.A. Profit Sharing Plan; Physicians for Women, P.A. Profit Sharing Plan and Trust (collectively, the Plans)

Permits, as of January 1, 1997, three loans by the Plans totaling $530,000 to S&D Associates, a party in interest.

PTE 1997-03

D-10283

G: 62 FR 1926 (01/14/97)

P: 61 FR 55324 (10/25/96)

National Baptist Publishing Board Pension Plan (the Plan)

Permits the cash sale of common stock of Citizens Savings Bank and Trust Company, by the Plan to AmeriStar Investments and Trust, a division of First American National Bank, the Plan’s trustee, and a party in interest with respect to the Plan.

PTE 1997-04

D-10330

G: 62 FR 1926 (01/14/97)

P: 61 FR 59914 (11/25/96)

Summit Sheet Metal, Inc. Defined Benefit Pension Plan (the Plan)

Permits the cash sale by the Plan of certain real property to Messrs. Milton J. Chasin, Donald E. Hanson, and Gale N. Searing, parties in interest with respect to the Plan.

PTE 1997-05

D-10376

G: 62 FR 1926 (01/14/97)

P: 61 FR 64164 (12/03/96)

South Trust Securities, Inc. (ST)

Permits, effective October 25, 19956 (1) the direct or indirect sale, exchange or transfer of certificates in the initial issuance of certificates between the sponsor and underwriter and a plan when the person who has discretionary authority or renders investment advice with respect to the investment or plan assets in the certificates is a party in interest with respect to such plan; (2) the direct or indirect acquisition or disposition of certificates by a plan in the secondary market for such certificates; and (3) the continued holding of certificates acquired by a plan. Also permits, effective October 25, 1996, the direct or indirect sale, exchange or transfer of certificates between the sponsor and underwriter and a plan when the person who has discretionary authority or renders investment advice with respect to the investment of plan assets in the certificates is (a) an obligor with respect to 5 percent or less of the fair market value of obligations or assets contained in the trust, or (b) an affiliate of a person described in (a). Further, this exemption permits, effective October 25, 1996, transactions in connection with the servicing, management and operation of a trust.

PTE 1997-06

D-10342

G: 62 FR 1929 (01/14/97)

P: 61 FR 59915 (11/25/96)

Skana Enterprises, Inc. Defined Benefit Pension Plan (the Plan)

Permits (1) the loan of $157,000 by the Plan to Skana Enterprises, Inc., the Plan’s sponsor and a disqualified person with respect to the Plan; and (2) the personal guarantee of the Loan by Mr. Ralph Bolton, a disqualified person with respect to the Plan.

PTE 1997-07

D-10079 - D-10082

G: 62 FR 4810 (01/31/97)

P: 61 FR 57461 (11/06/96)

Pikeville National Bank & Trust Company; Trust Company of Kentucky; and First American Bank (collectively, the Banks)

Permits (1) the cash sales on December 28, 1994 and January 13, 1995, of certain collateralized mortgage obligations and other mortgage-backed securities (collectively, the Securities) held by 86 employee benefit plans, Keogh plans and individual retirement accounts (the Plans) for which the Banks act as trustee to Pikesville National Corporation (PKVL), a party in interest with respect to the Plans; (2) the “makewhole” payments made by PKVL to the Plan on January 20, 1995, in connection with the sale of certain Securities by the Plans on the open market on November 2, 1994; and (3) the proposed additional “makewhole” and interest payments to be made by PKVL to the Plans when the exemption is granted, as a result of (i) the additional amounts owed to such Plans based on the amortized cost of the Securities at the time of the transactions in situations where the amortized cost exceeded the outstanding principal balance of the Securities (plus a reasonable rate of interest on such amounts) and (ii) the additional accrued but unpaid interest on the Securities which was owed to the Plans at the time of the sale to PKVL on December 28, 1994 (plus a reasonable rate of interest on such amounts).

PTE 1997-08

D-10108

G: 62 FR 4811 (01/31/97)

P: 61 FR 58237 (11/13/96)

Morgan Stanley & Co. Incorporated (Morgan Stanley & Co.)

Permits, effective August 25, 1995, (1) the purchase or sale of a security between an employee benefit plan and a broker-dealer affiliated with Morgan Stanley & Co. and subject to British law (MSC/UK Affiliate); (2) the lending of securities that are assets of an employee benefit plan to an MSC/UK Affiliate; and (3) any extension of credit to an employee benefit plan by an MSC/UK Affiliate to permit the settlement of securities transactions or in connection with the writing of options contracts.

PTE 1997-09

D-10350

G: 62 FR 4813 (01/31/97)

P: 61 FR 64160 (12/03/96)

Cassemco, Inc. Retirement Plan and Trust Agreement (the Plan)

Permits the cash sale by the Plan of certain securities to Cassemco, Inc., the sponsoring employer and party in interest with respect to the Plan.

PTE 1997-10

D-10351

G: 62 FR 4813 (01/31/97)

P: 61 FR 64161 (12/03/96)

PanAgora Asset Management, Inc. (PanAgora)

Permits PanAgora to function as a “QPAM” under Prohibited Transaction Exemption 84-14 (PTE 84-14, 49 FR 9494, March 13, 1984) in spite of its failure to satisfy Section I(g) of that class exemption as a result of its affiliation with E.F. Hutton & Co., Inc. and Shearson Lehman Brothers, Inc. The exemption is effective as of September 22, 1989, the date on which PanAgora was formed.

PTE 1997-12

D-10014

G: 62 FR 7275 (02/18/97)

P: 61 FR 64150 (12/03/96)

Wells Fargo Bank, N.A. (Wells Fargo)

Permits, effective October 1, 1995, (1) the purchase or redemption of shares by an employee benefit plan (the Plan) in certain mutual funds that are either affiliated or unaffiliated with Wells Fargo, in connection with the participation by the Plan in the Wells Fargo Portfolio Advisor Program; and (2) the provision, by Wells Fargo, of asset allocation services to an independent fiduciary (the Independent Fiduciary) of a participating Plan or to a directing participant (the Directing Participant) of an ERISA section 404(c) Plan which may result in the selection of portfolios in the Portfolio Advisor Program by the Independent Fiduciary or the Directing Participant for the investment of Plan assets.

PTE 1997-13

D-10318

G: 62 FR 7278 (02/18/97)

P: 61 FR 59912 (11/25/96)

GE Capital Investment Advisors, Inc. (GECIA)

Permits GECIA to function as a “qualified professional asset manager” pursuant to Prohibited Transaction Class Exemption 84-14 (PTE 84-14, 49 FR 9494, March 13, 1984) in spite of its failure to satisfy Section I(g) of PTE 84-14, as a result of General Electric Company’s ownership interest in them, including any of their subsidiaries or successors which provides investment advisory, management or related services and is registered under the Securities and Exchange Act of 1934, as amended, or the Investment Advisors Act of 1940, as amended. The exemption is effective as of January 29, 1996.

PTE 1997-14

D-10364

G: 62 FR 7279 (02/18/97)

P: 61 FR 66331 (12/17/96)

Givens 401(k) Savings and Retirement Plan (the Plan)

Permits the purchase from the Plan of its interest in a group annuity contract by Givens, Incorporated, the Plan sponsor.

PTE 1997-15

D-10172

G: 62 FR 10078 (03/05/97)

P: 62 FR 1913 (01/14/97)

The Chicago Corporation (TCC)

Permits the proposed sale, for cash or other consideration, by the Midwest Banc Fund IV Group Trust (the FB IV Group Trust) in which employee benefit plans (the Plans) invest, of certain securities that are held in the BF IV Group Trust Portfolio, to a party in interest with respect to a participating Plan, where the party in interest proposes to acquire or merge with a bank company or a financial services company that issued such securities. Also permits TCC to receive a performance fee from Plans investing in the BF IV Group Trust.

PTE 1997-16

D-10234 and D-10235

G: 62 FR 10080 (03/05/97)

P: 61 FR 66320 (12/17/96)

O: 62 FR 18817 (04/17/97) (Tech. Corr.)

United States Trust Company of New York and Certain of Its Affiliates (collectively, US Trust)

Permits (1) as of May 31, 1996, the in kind transfer to any diversified open-end investment company registered under the Investment Company Act of 1940 (a Fund), to which US Trust serves as investment adviser and may provide certain “secondary services,” of the assets of various employee benefit plans (the Plans) that are held in collective investment funds (CIFs) maintained by US Trust or otherwise held by US Trust as trustee, investment manager, or in any other capacity as fiduciary on behalf of the Plans, in exchange for shares of such Funds; and (2) as of June 30, 1996, the receipt of fees by US Trust from the Funds for acting as investment adviser to the Funds as well as for acting as the custodian, transfer agent, sub-administrator or for providing other “Secondary Services” to the Funds in connection with the investment in the Funds by the Plans for which US Trust acts as a fiduciary, other than Plans maintained by US Trust for the benefit of its employees and their beneficiaries.

PTE 1997-17

D-10344

G: 62 FR 10084 (03/05/97)

P: 61 FR 68798 (12/30/96)

Consolidated Lumber Corporation Pension Plan (the Plan)

Permits the cash sale by the Plan to Consolidated Lumber Corp., the sponsor of the Plan, of certain whole life insurance policies issued by Confederation Life Insurance Company of Canada.

PTE 1997-18

D-10348

G: 62 FR 10085 (03/05/97)

P: 61 FR 68799 (12/30/96)

Chase Manhattan Bank, N.A. (Chase)

Permits (1) the granting to Chase, as the representative of lenders (the Lenders) participating in a credit facility, of security interests in limited partnership interests in LF Strategic Real Estate Investors, L.P. (the Partnership) owned by certain employee benefit plans (the Plans) with respect to which some of the Lenders are parties in interest; and (2) the agreements by the Plans to honor capital calls made by Chase in lieu of the Partnership’s general partner.

PTE 1997-19

D-10375

G: 62 FR 10085 (03/05/97)

P: 62 FR 1924 (01/14/97)

APA, Inc. 401(k) Profit Sharing Plan (the Plan)

Permits (1) the loan (the Loan) of $30,000 to Mr. Gary Petsuch, a party in interest with respect to the Plan; and (2) the personal guarantee of the Loan by Mr. Petsuch.

PTE 1997-20

D-10227 - D-10232

G: 62 FR 17207 (04/09/97)

P: 61 FR 66314 (12/17/96)

Real Estate Equity Trust No. 1 (the Trust)

Permits the purchase of units in the Trust by certain multiemployer pension plans (the Plans) that will enable State Street Global Advisors, Inc., the independent fiduciary for the Plans investing in the Trust, to make initial and subsequent equity investments on behalf of the Trust, in the Cincinnati Development Group Limited Partnership, which may result in a benefit inuring to Fifth Third Bank, the trustee of the Trust and a party in interest with respect to the Plans.

PTE 1997-21

D-10341

G: 62 FR 17209 (04/09/97)

P: 62 FR 4802 (01/31/97)

Orders Distributing Company, Inc. Profit Sharing Plan and 401(k) Retirement Savings Plan (the Plan)

Permits the past sale by the Plan of certain units of limited partnership interests to Orders Distributing Co., Inc., a party in interest with respect to the Plan.

PTE 1997-22

D-10285 - D-10287

G: 62 FR 18801 (04/17/97)

P: 61 FR 58241 (11/13/96)

General Electric Pension Trust (the GE Trust)

Permits the sale, occurring on July 12, 1996, by the GE Trust of its stock in AmeriData Technologies, Inc. (AmeriData) to General Electric Capital Corporation (GECC) and GAC Acquisition I Corporation (GAC), wholly owned subsidiary of GECC, and both are parties in interest with respect to the GE Trust and affiliates of General Electric Company, the sponsor of the Trust, in connection with the merger of GAC and AmeriData.

PTE 1997-23

D-10380 - D10382

G: 62 FR 18802 (04/17/97)

P: 62 FR 7273 (02/18/97)

Hawaiian Airlines, Inc. Pilot’s 401(k) Plan, et al. (collectively the Plans)

Permits (1) the past acquisition by the Plans of certain transferable stock rights (the Rights) pursuant to a stock rights offering (the Offering) to the Plans by Hawaiian Airlines, Inc., the sponsor of the Plans; (2) the past holding of the Rights by the Plans during the subscription period of the Offering; and (3) the disposition or exercise of the Rights by the Plans. This exemption is effective with respect to transactions (1) and (2) as of August 7, 1996.

PTE 1997-24

D-10253

G: 62 FR 27621 (05/20/97)

P: 61 FR 68791 (12/30/96)

O: 62 FR 31630 (06/10/97) (Tech. Corr.)

The Retirement Plan for Salaried and Certain Hourly Employees of Keebler Company (the Plan)

Permits (1) the leasing by the Plan of certain improved real property (the Property) to Keebler Company (the Employer), a party in interest with respect to the Plan; (2) the potential future purchase of the Property by the Employer, either pursuant to the Employer’s right of first refusal, as stipulated in the lease, or pursuant to an offer by the Employer to purchase the Property; and (3) the “make whole agreement,” and any payments thereunder, whereby the Employer will make the Plan whole, in the event that the Plan sells the Property to an unrelated party at a net loss.

PTE 1997-25

D-10295 - D-10297

G: 62 FR 27623 (05/20/97)

P: 62 FR 1921 (01/14/97)

Hughes Non-Bargaining Retirement Plan, et al. (collectively, the Plans)

Permits, effective October 6, 1995, the leasing by the Plans of 10,106 square feet of office space in a commercial office building which is owned by the plans to Sarofim Realty Advisors, a party in interest with respect to the Plans, for a period ending February 28, 2000 pursuant to the terms of a lease amendment.

PTE 1997-26

D-10307

G: 62 FR 27623 (05/20/97)

P: 62 FR 10074 (03/05/97)

ADP Fluor Daniel, Incorporated Retirement Savings Plan (the Plan)

Permits the sale by the Plan of two limited partnership interests to ADP Fluor Daniel, Incorporated, a party in interest with respect to the Plan.

PTE 1997-27

D-10369

G: 62 FR 27623 (05/20/97)

P: 62 FR 4803 (01/31/97)

Thompson, Siegel and Walmsley, Inc. (TS&W)

Permits (1) the acquisition by the Lewis-Gale Clinic, Inc. Profit Sharing plan (the Plan) on April 16, 1996, of shares of the TS&W Equity Portfolio and Fixed Income Portfolio (the TS&W Portfolios), each a series of the UAM Funds, Inc. (the UAM Funds), an open-end investment company registered under the Investment Company Act of 1940, with respect to which TS&W serves as the investment adviser, through the in kind transfer of assets of a separate account, known as “Fund E,” managed by TS&W as a fiduciary for the Plan; (2) the subsequent sale of shares of the TS&W Portfolios by Fund E of the Plan on a cash basis; (3) the acquisition and sale of shares of the DSI Money Market Portfolio (the DSI Portfolio), another series of the UAM Funds, whose investment adviser -- Dewey Square Investors Corporation (DSI) -- is an affiliate of TS&W, by Fund E of the Plan on a cash basis; (4) the receipt of fees from the TS&W Portfolios and the DSI Portfolio (collectively, the Portfolios) by TS&W and DSI, respectively, for acting as an investment adviser for the Portfolios; and (5) the receipt of fees from the Portfolios by UAM Fund Services, Inc., an affiliate of TS&W and DSI, for performing secondary services for the Portfolios (e.g., administrative, fund accounting, dividend disbursing and transfer agent services).

PTE 1997-28

D-10430

G: 62 FR 28515 (05/23/97)

P: 62 FR 18808 (04/17/97)

Norwest Investment Services, Inc. (Norwest)

Permits, effective February 12, 1997, (1) the direct or indirect sale, exchange or transfer of certificates in the initial issuance of certificates between the sponsor or underwriter and an employee benefit plan when the sponsor, servicer, trustee or insurer of a trust, the underwriter of the certificates representing an interest in the trust, or an obligor is a party in interest with respect to such plan; (2) the direct or indirect sale, exchange or transfer of certificates in the initial issuance of certificates between the sponsor or underwriter and a plan when the person who has discretionary authority or renders investment advice with respect to the investment of plan assets in the certificates is (a) an obligor with respect to 5 percent or less of the fair market value of obligations or receivables contained in the trust, or (b) an affiliate of a person described in (a); and (3) transactions in connection with the servicing, management and operation of a trust, provided certain conditions are met.

PTE 1997-29

D-10345

G: 62 FR 31630 (06/10/97)

P: 62 FR 17209 (04/09/97)

O: 62 FR 35839 (07/02/97) (Tech. Corr.)

Washington National Retirement Plan (the Plan)

Permits the cash sale by the Plan of five venture capital limited partnership interests and a private placement bond issue to Washington National Insurance Company, a party in interest with respect to the Plan.

PTE 1997-30

L-10366

G: 62 FR 31631 (06/10/97)

P: 62 FR 18804 (04/17/97)

Joint Apprenticeship Committee of Plumbers Local No. 27 (the Plan)

Permits the sale by the Plan of certain improved real property located in Allegheny County, Pennsylvania to the Local Union No. 27 of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, a party in interest with respect to the Plan.

PTE 1997-31

D-10385

G: 62 FR 31631 (06/10/97)

P: 62 FR 18805 (04/17/97)

Howes Leather Company, Inc. Employee Stock Ownership Plan (the Plan)

Permits the sale by the Plan of an individual life insurance policy to the Howes Leather Company, Inc., the sponsor of the Plan.

PTE 1997-32

D-10391

G: 62 FR 31631 (06/10/97)

P: 62 FR 17213 (04/09/97)

The Kenzer Corporation Thrift Savings Plan and Trust (the Plan)

Permits (1) the "restoration payment" to the Plan by The Kenzer Corporation (the Employer), in respect of certain defaulted notes, and (2) the potential future receipt by the Employer of "recapture payments" from the Plan.

PTE 1997-33

D-10011

G: 62 FR 32925 (06/23/97)

P: 61 FR 47205 (09/06/96)

Equitable Life Assurance Society of the United States and Its Affiliates (Equitable) and Its Wholly-Owned Subsidiary, Equitable Real Estate Management, Inc. (ERE)

Amends Prohibited Transaction Exemption (PTE) 91-8 (56 FR 1411, January 14, 1991) and makes permanent the temporary relief provided in this exemption. Permits the provision of property management and/or leasing services by ERE to certain pooled separate accounts managed by Equitable and its subsidiaries (i.e., Equitable's Separate Account No. 8, Separate Account No. 16-I, Separate Account No. 16-II, Separate Account No. 16-III, Investment Management Account No. 230 for the Westinghouse Electric Corporation Pension Plan; and such other pooled or single-customer accounts, joint ventures, general or limited partnerships or other real estate investment vehicles that may be established by Equitable for the investment of employee benefit plan assets in real estate related investments to the extent disposition of its assets is subject to the discretionary authority of Equitable). The exemption is generally effective as of June 23, 1997.

PTE 1997-34

D-10245 through D-10246

G: 62 FR 39021 (07/21/97)

P: 62 FR 28502 (05/23/97)

Bear, Stearns & Co. Inc., 90-32 Involving Prudential Securities Incorporated, et al.

Amends the Underwriter Exemptions. The Underwriter Exemptions are individual exemptions that provide relief for the origination and operation of certain asset pool investment trusts and the acquisition, holding and disposition of certain asset backed pass-through certificates representing undivided interests in those investment trusts. The amendment: (1) modifies the definition of "Trust" to include a pre-funding account and a capitalized interest account as part of the corpus of the Trust; (2) provides retroactive relief for transactions involving asset pool investment trusts containing pre-funding accounts which have occurred on or after January 1, 1992; (3) includes in the definition of "Certificate" a debt instrument that represents an interest in a Financial Asset Securitization Investment Trust; and (4) makes certain changes to the Underwriter Exemptions that reflect the Department's current interpretation of the Underwriter Exemptions. With certain exceptions, the amendment to the Underwriter Exemptions is effective for transactions on or after January 1, 1992.

PTE 1997-35

D-10192, L-10193 through L-10196

G: 62 FR 41088 (07/31/97)

P: 62 FR 7268 (02/18/97)

ILGWU National Retirement Fund, et al. (collectively, the Plans)

Permits, effective July 1, 1995, (1) the provision of banking services by the Amalgamated Bank of New York (the Bank) to certain Plans, which are maintained on behalf of members of the International Ladies Garment Workers Union; (2) the purchase by the Plans of certificates of deposit issued by the Bank; and (3) the deposit of Plans' assets in money market or other deposit accounts established by the Bank.

PTE 1997-36

L-10280

G: 62 FR 41092 (07/31/97)

P: 62 FR 18803 (04/17/97)

Operating Engineers Local 150, Apprenticeship Fund (the Plan)

Permits the sale of a certain parcel of improved real property from the Plan to International Union of Operating Engineers, Local 150, a party in interest with respect to the Plan.

PTE 1997-37

D-10390

G: 62 FR 41092 (07/31/97)

P: 62 FR 18806 (04/17/97)

The Roquette America, Inc. Pension Plan, for Salaried Employees (the Plan)

Permits (1) the loan by Aon Consulting, Inc. (Aon Consulting), a service provider to the Plan, in connection with certain excess distributions that Aon Consulting inadvertently caused to be made under the Plan, and (2) the potential repayment of the loan by the Plan to Aon Consulting.

PTE 1997-38

D-10398

G: 62 FR 41092 (07/31/97)

P: 62 FR 30616 (06/04/97)

Robert A. Benz & Co., P. A., Certified Public Accountants Employees Profit Sharing Plan (the Plan)

Permits both (1) the cash sale of certain real property (the Property) to the Plan by Robert A. Benz & Co., P.A., Certified Public Accountants (the Employer), a party in interest with respect to the Plan, and (2) the leaseback of the Property by the Plan to the Employer.

PTE 1997-39

D-10403

G: 62 FR 41093 (07/31/97)

P: 62 FR 30618 (06/04/97)

Gart Brothers Sporting Goods Company 401(k) Plan (the Plan)

Permits the cash sale by the Plan of a 5 percent interest in the Hampden Enterprises Limited Partnership to the Gart Bros. Sporting Goods Company, the sponsor of the Plan and a party in interest with respect to the Plan.

PTE 1997-40

D-10441 through D-10444

G: 62 FR 41093 (07/31/97)

P: 62 FR 30621 (06/04/97)

BP America Inc. Retirement Trust, et al. (collectively, the Plans)

Permits (1) the granting to The Industrial Bank of Japan, Limited, New York Branch (IBJ), as the representative of lenders (the Lenders) participating in a credit facility, of security interests in limited partnership interests in The Westbrook Real Estate Fund II, L.P. (the Partnership) owned by the Plans with respect to which some of the Lenders are parties in interest; and (2) the agreements by the Plans to honor capital calls made by IBJ in lieu of the Partnership's general partner.

PTE 1997-42

D-10314

G: 62 FR 42839 (08/08/97)

P: 62 FR 10075 (03/05/97)

TA Associates, Inc. (TA Associates)

Permits, effective December 29, 1993, the making, by an employee benefit plan (the Plan), of capital contributions to any venture capital fund (the TA Fund) that is organized, sponsored and/or managed by TA Associates and/or any of its affiliates pursuant to a contractual obligation by a Plan having an interest in the TA Fund.

PTE 1997-43

D-10409

G: 62 FR 42841 (08/08/97)

P: 62 FR 30620 (06/04/97)

First Savings Bank, F.S.B. Profit Sharing and Employee Stock Ownership Plan (the Plan)

Permits, effective December 26, 1996, (1) the acquisition by the Plan of certain stock rights (the Rights) pursuant to a stock rights offering (the Offering) by Access Anytime Bancorp, Inc., which is the parent corporation of First Savings Bank, F.S.B., the sponsor of the Plan; (2) the holding of the Rights by the Plan during the subscription period of the Offering; and (3) the exercise of certain of the Rights by the Plan.

PTE 1997-44

D-10346

G: 62 FR 47050 (09/05/97)

P: 62 FR 32911 (06/23/97)

1st Source Bank, et al.

Permits, effective September 19, 1996, the in-kind transfer to separate series of any open-end investment company registered under the Investment Company Act of 1940 (the Funds) to which 1st Source Bank or any of its affiliates (collectively, the Bank) serves as investment advisor and may provide other services, of the assets of various employee benefit plans (the Plan) that are held in certain collective investment funds (the CIFs) maintained by the Bank or otherwise held by the Bank as trustee, investment manger, or in any other capacity as fiduciary on behalf of the Plans, in exchange for shares of such Funds.

PTE 1997-45

D-10359 and D-10360

G: 62 FR 47052 (09/05/97)

P: 62 FR 37309 (07/11/97)

Ronald L. Chez IRA and Lawrence G. Kuntz IRA (collectively the IRAs)

Permits (1) the sale by the IRAs of certain closely held stock (the Stock) to Happy Valley Corporation (the Corporation), the issuer of the Stock and an unrelated third party with respect to the IRAs; and (2) the subsequent repurchase of the Stock from the Corporation by Messrs. Chez and Kuntz, fiduciaries and disqualified persons with respect to the IRAs.

PTE 1997-46

D-10416 – D-10420

G: 62 FR 47053 (09/05/97)

P: 62 FR 32915 (06/23/97)

John Hancock Mutual Life Insurance Company (JH)

Permits (1) the acquisition by a separate account maintained by JH (the FPGT Account) from Williamette Industries, Inc. of certain oil and gas rights, subject to existing leases (the Leases) of such rights to Enerfin Resources Northwest Limited Partnership, a party in interest with respect to the plans invested in the FPGT Account; and (2) the continuation of the Leases following the acquisition by the FPGT Account.

PTE 1997-47

D-10422

G: 62 FR 47053 (09/05/97)

P: 62 FR 33917 (06/23/97)

AmSouth Bank of Alabama (AmSouth)

Permits the receipt of fees by AmSouth from the AmSouth Mutual Funds, or any other diversified open-end investment companies registered under the Investment Company Act of 1940 (the Funds), for acting as an investment adviser for the Funds as well as for providing other services to the Funds which are “Secondary Services.”

PTE 1997-48

D-10451

G: 62 FR 47056 (09/05/97)

P: 62 FR 39030 (07/21/97)

Martin D. Ross Individual Retirement Account (IRA)

Permits, effective March 4, 1996, the sale by the IRA of certain debentures to Mr. Martin D. Ross, a disqualified person with respect to the IRA.

PTE 1997-49

D-10310

G: 62 FR 48672 (09/16/97)

P: 62 FR 39027 (07/21/97)

Pension Fund of the Bricklayers and Allied Crafts, Local No. 74 of DuPage County, et al.

Permits the sale of certain real property by the Bricklayers and Allied Craftsman Local No. 74 Apprenticeship, Education and Training Trust Fund to the Pension Plan.

PTE 1997-50

D-10340

G: 62 FR 48672 (09/16/97)

P: 62 FR 27625 (05/20/97)

McLane Company, Inc. Profit Sharing Plan and Trust (the Plan)

Permits, effective September 16, 1997, the past sale (the Sale) by the Plan of two parcels of improved real property to McLane Company, Inc., the Plan sponsor and a party in interest with respect to the Plan.

PTE 1997-51

D-10402

G: 62 FR 48673 (09/16/97)

P: 62 FR 39028 (07/21/97)

H. Weiss & Company, Incorporated Defined Benefit Pension Plan (the Plan)

Permits the sale by the Plan of a certain condominium unit to Hanna Weiss, a party in interest with respect to the Plan.

PTE 1997-52

D-10445

G: 62 FR 48673 (09/16/97)

P: 62 FR 37307 (07/11/97)

Smart Chevrolet Co. Employees’ Profit Sharing Retirement Plan (the Plan)

Permits (1) the secured loans (the Loans) by the Plan to Motors Finance Company (Motors), a party in interest with respect to the Plan; and (2) the guaranty of such Loans by the individual partners of Motors.

PTE 1997-53

D-10261

G: 62 FR 51911 (10/03/97)

P: 62 FR 41431 (08/01/97)

McCrosky, Feldman, Cochrane & Brock, P.C. (the Plan)

Permits the cash sale by the Plan of certain improved real property to McCroskey Development Partnership, a party in interest to the Plan.

PTE 1997-54

D-10439

G: 62 FR 51911 (10/03/97)

P: 62 FR 42837 (08/08/97)
62 FR 33924 (06/23/97)

Alloy Die Casting Co. Employees’ Profit Sharing Plan (the Plan)

Permits the cash sale by the Plan to Alloy Die Casting Co./W.E. Holmes, Inc., the Plan sponsor and a party in interest with respect to the Plan, of units in the Krupp Insured Plus-II Limited Partnership.

PTE 1997-55

D-10440

G: 62 FR 51911 (10/03/97)

P: 62 FR 42838 (08/08/97)

Bloom Consulting Corporation Profit Sharing Plan (the Plan)

Permits the purchase by the Plan of shares of common stock of the Valley Forge Corporation from the Martin Bloom Family Trust, a disqualified person with respect to the Plan.

PTE 1997-56

D-10437

G: 62 FR 56201 (10/29/97)

P: 62 FR 41441 (08/01/97)

UNUM Life Insurance Company of America (UNUM)

Permits (1) Transfers between Accounts Maintained by UNUM -- (a) the sale or transfer of an interest in a shared investment (including a shared joint venture interest) between two or more Accounts (except the General Account); (b) the sale or transfer of an interest in a shared investment (including a shared joint venture interest) between ERISA-Covered Accounts and the General Account; (2) Joint Sales of Property -- the sale to a third party of the entire interest in a shared investment (including a shared joint venture interest) by two or more Accounts; (3) Additional Capital Contributions -- (a) the making of a pro rata equity capital contribution by one or more of the Accounts to a shared investment; or (b) the making of a Disproportionate equity capital contribution by one or more of such Accounts; and (4) Lending of Funds -- the lending of funds from the General Account to an ERISA-Covered Account to enable the ERISA-Covered Account to make an additional pro rata contribution.

PTE 1997-57

D-10464 and D-10465

G: 62 FR 56203 (10/29/97)

P: 62 FR 47060 (09/05/97)

NatWest Securities Corporation (NatWest), et al.

Permits, effective May 22, 1997, (1) the purchase or sale of a security between an employee benefit plan and a broker-dealer affiliated with NatWest and subject to British law (the NatWest/UK Affiliate); (2) the lending of securities that are assets of an employee benefit plan to a NatWest/UK Affiliate; and (3) any extension of credit to an employee benefit plan by a NatWest/UK Affiliate to permit the settlement of securities transactions or in connection with the writing of options contracts.

PTE 1997-58

D-10469

G: 62 FR 56205 (10/29/97)

P: 62 FR 47064 (09/05/97)

Carl Callaway IRA (the IRA)

Permits the sale or exchange of certain securities by the IRA to Carl M. Callaway and his wife, Marianna F. Callaway, both disqualified persons with respect to the IRA.

PTE 1997-59

D-10393

G: 62 FR 58749 (10/30/97)

P: 62 FR 47056 (09/05/97)

AEW Capital Management, L.P. (AEW)

Supersedes Prohibited Transaction Exemption 93-40 (58 FR 34821, June 29, 1993). Permits the replacement of Old AEW with an entity known as "AEW Capital Management, L.P." Provides conditional relief that is identical to that provided by PTE 93-40, i.e., (1) the payment of certain initial investment fees and disposition fees to AEW by employee benefit plans for which AEW provides investment management services (the Client Plans), pursuant to an investment agreement between entered into between AEW and the Client Plans, either individually, through the establishment of a single client separate account, or collectively, as participants in a multiple client commingled account (the Multiple Client Account); and (2) any investment by a Client Plan in a Multiple Client Account managed by AEW.

PTE 1997-60

D-10319

G: 62 FR 59744 (11/04/97)

P: 62 FR 41433 (08/01/97)

TCW Group Inc., et al.

Permits (1) the acquisition or redemption of units in the TCW Life Cycle Trusts (the Trusts) by individual account plans described in section 3(34) of the Act (the Plans), including Plans sponsored by TCW, in connection with such Plans' participation in the TCW Portfolio Solutions Program (the Program); and (2) the acquisition or redemption of shares in the TCW Galileo Funds by the Trusts. Also permits the receipt of fees by TCW as a result of the provision of advice in connection with the investment by the Plans in the Trusts, a Money Market Fund, a Guaranteed Investment Contract or similar vehicle, under the Program.

PTE 1997-61

D-09685

G: 62 FR 62620 (11/24/97)

P: 62 FR 37299 (07/11/97)

EBP Life Insurance Company, et al.

Permits the reinsurance of risks and the receipt of premiums therefrom by EBPLife Insurance Company in connection with certain stop-loss policies issued by unrelated third party insurance carriers to employers any of whose employees were covered by various employee welfare benefit plans, when at the time EBPLife reinsured risks and received premiums, Affiliates of EBPLife or the predecessors of such Affiliates also provided non-discretionary administrative services to such Plans for a fee.

PTE 1997-62

D-10450

G: 62 FR 62622 (11/24/97)

P: 62 FR 51692 (10/02/97)

Franklin & Davis, P.C. Profit Sharing Plan (the Plan)

Permits two loans, totaling $229,000, to Franklin & Davis, P.C., the Plan's sponsor and a disqualified person with respect to the Plan, by the individual account of Bruce W. Franklin.

PTE 1997-63

D-10159

G: 62 FR 66689 (12/19/97)

P: 62 FR 51684 (10/02/97)

State Street Bank and Trust Company (State Street)

Permits (1) the lending of securities to State Street, acting through its Financial Markets Group (FMG) or acting through any other division or U.S. affiliate of State Street that is a successor to the activities of FMG; (2) the lending of securities to any U.S. registered broker-dealers affiliated with State Street by employee benefit plans, including commingled investment funds holding plan assets for which State Street, through its Master Trust Services Division, acts as directed trustee or custodian, and for which State Street, through its Global Securities Lending Division (GSL) or any other similar division of State Street or U.S. affiliate of State Street or its parent acts as securities lending agent; and (3) the receipt of compensation by GSL in connection with the transactions.

PTE 1997-64

D-10454

G: 62 FR 66690 (12/19/97)

P: 62 FR 51693 (10/02/97)

Crown American Properties L.P. Retirement Savings Plan (the Plan)

Permits the purchase, holding or sale by participant-directed accounts in the Plan of shares of Crown American Realty Trust, an affiliate of Crown American Properties L.P., the Plan's sponsor.

PTE 1997-65

D-10466

G: 62 FR 66691 (12/19/97)

P: 62 FR 54478 (10/20/97)

Valley Forge Consulting Corporation Profit Sharing Trust (the Plan)

Permits the proposed sale of a first mortgage note by the individually-directed account in the Plan of Steven R. Eyer to Mr. Eyer.

PTE 1997-66

D-10505

G: 62 FR 66691 (12/19/97)

P: 62 FR 59742 (11/04/97)

Profit Sharing Keogh Plan of Richard D. Wickersham (the Plan)

Permits (1) two loans totaling $50,000 by the Plan to Mr. Richard D. Wickerham; and (2) the personal guarantee of the Loans by Mr. Wickersham, a disqualified person with respect to the Plan.