|
|
Acquisition or Purchase by Plan of Partnership Units
|
|
PTE-2009-19 |
D-11498 |
|
G:
74 FR 36775 (07/24/09) |
P:
74 FR 20975 (05/06/09) |
|
MarkWest Energy Partners, L.P.
Permits, effective February 21, 2008: (1) the
acquisition by the individually directed accounts (the Accounts) of
participants in the MarkWest Hydrocarbon, Inc. 401(k) Savings and
Profit Sharing Plan (the Plan), of publicly traded partnership units
(the Units) issued by MarkWest Energy Partners, L.P., the parent of
MarkWest Hydrocarbon, Inc. (Hydrocarbon), which is the sponsor of
the Plan, as a result of the conversion of the common stock of
Hydrocarbon (the Stock) held by the Plan into Units, pursuant to a
Plan of Redemption and Merger (the Merger); and (2) the holding of
such Units by the Accounts in the Plan. Would also permit,
prospectively: (1) the purchase of Units in the future by Accounts
in the Plan; and (2) the holding of such Units by the Accounts in
the Plan. |
|
|
|
|
PTE-2009-12 |
D-11341 |
|
G:
74 FR 13231 (03/26/09) |
P:
73 FR 78846 (12/23/08) |
|
Grant of Individual Exemption to Replace
Prohibited Transaction Exemption (PTE) 2000-45, Involving Citigroup
Global Markets, Inc. (CGMI), formerly Salomon Smith Barney Inc.
Replaces PTE 2000-45 (65 FR 54315, September 7,
2000), which became ineffective due to a material change in this
exemption. PTE 2000-45 related to the operation of the TRAK
Personalized Investment Advisory Service (the TRAK Program) and the
Trust for Consulting Group Capital Markets Funds. PTE 2000-45
provided exemptive relief with respect to the purchase or redemption
of mutual fund shares by plans participating in CGMI’s TRAK
Program. It also permitted the CGMI’s Consulting Group division to
provide asset allocation advice to the investing plans.
CGMI has requested a temporary and limited
exemption that would modify the definition of the term
“affiliate,” as set forth in PTE 2000-45. According to PTE
2000-45, the definition of “affiliate” includes a corporation or
partnership of which CGMI or an affiliate is a 10 percent or more
partner or owner. In December 2005, Citigroup, Inc. (Citigroup), the
parent of CGMI sold substantially all of its asset management
business to Legg Mason, Inc. (Legg Mason), with the exception of the
TRAK Program and the Consulting Group. In return for Legg Mason’s
broker-dealer business, Citigroup received 4 percent of Legg
Mason’s voting common stock and 10 percent of Legg Mason’s
convertible, non-voting preferred stock.
As a result of the merger, Legg Mason became an
affiliate of Citigroup since Citigroup then owned 14 percent of Legg
Mason’s stock. This affiliation temporarily affected the
independence of two TRAK Program sub-advisers, which were
subsidiaries of Legg Mason. Under PTE 2000-45 and its predecessor
exemptions, all of the TRAK Program sub-advisers were required to be
independent of CGMI and its affiliates. Because of this material
change in the sub-advisers’ independence, the Department decided
that PTE 2000-45 would no longer be effective. So, the Department
has provided a new exemption to Citigroup and CGMI, which is
retroactive to December 1, 2005. Also, the exemption covers a fee
offset procedure that Citigroup implemented on January 1, 2008. |
|
Asset-Backed
Securities/Underwriter Exemptions
|
|
PTE-2009-31 |
D-11530 |
|
G:
74 FR 59003 (11/16/09) |
P:
74 FR 44387 (08/28/09) |
|
Amendment to PTE 96-22, as Amended by PTE 97-34,
PTE 2000-58, PTE 2002-41 and PTE 2007-05, Involving the Wachovia
Corporation and Its Affiliates (Wachovia), the Successor of First
Union Corporation and PTE 2002-19, Involving J.P. Morgan Chase &
Company and Its Affiliates
Amends PTE 96-22 and PTE 2002-19, 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 by employee benefit plans of
certain asset-backed pass-through certificates representing
undivided interests in those investment trusts. The amendment
provides a six-month period to resolve certain affiliations, as a
result of the Wells Fargo & Company acquisition of Wachovia,
between Wells Fargo Bank, N.A. the Trustee, and Wachovia as members
of the Restricted Group, as those terms are defined in the
Underwriter Exemptions. The exemption is effective as of December
31, 2008. |
|
|
PTE-2009-16 |
D-11519 |
|
G:
74 FR 30623 (06/26/09) |
P:
74 FR 21002 (05/06/09) |
|
Amendment to PTE 90-29, as Amended by PTE 97-34,
and PTE 2007-05, PTE 90-29, Involving Merrill Lynch, Pierce Fenner
& Smith, Inc., the Principal Subsidiary of Merrill Lynch &
Co., Inc. and its Affiliates (ML) and to PTE 2002-19 as Amended by
PTE 2005-07, Involving J.P. Morgan Chase & Company and Its
Affiliates
Amendment affects PTE 90-29 and PTE 2002-19, 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 by employee benefit plans of certain asset-backed
pass-through certificates representing undivided interests in those
investment trusts. Would also provide a six-month period to resolve
certain affiliations, as a result of Bank of America, N.A., the
Trustee, and ML as members of the Restricted Group, as those terms
are defined in the Underwriter Exemptions. |
|
|
|
|
|
|
|
|
PTE-2009-21 |
D-11523 |
|
G:
74 FR 36778 (07/24/09) |
P:
74 FR 20987 (05/06/09) |
|
The Bank of New York Mellon Corporation and Its
Affiliates (collectively, BNY Mellon)
Permits, effective October 3, 2008, the cash sale
by a plan of certain Auction Rate Securities to BNY Mellon. |
|
|
PTE-2009-20 |
D-11501 |
|
G:
74 FR 36777 (07/24/09) |
P:
74 FR 8580 (02/25/09) |
|
Morgan Stanley & Co. Incorporated (Morgan
Stanley)
Permits (1) effective February 1, 2008, sales of
“Auction Rate Securities” (ARS) by a plan to Morgan Stanley, a
party in interest with respect to the plan, where such sale is
unrelated to, and not made in connection with, a Settlement
Agreement; and (2) effective August 1, 2008, sales of “Auction
Rate Securities” (ARS) by a plan to Morgan Stanley, a party in
interest with respect to the plan, where such sale is related to,
and made in connection with, a Settlement Agreement with a U.S.
State or federal authority that provides for the purchase of an ARS
by Morgan Stanley from a Plan. |
|
|
|
|
|
|
PTE-2009-08 |
D-11490 |
|
G:
74 FR 8995 (02/27/09) |
P:
73 FR 66266 (11/07/08) |
|
Raymond James & Associates, Inc.
With respect to transactions involving employee
benefit plans (the Plans) that are described in both Title I and
Title II of ERISA, this exemption permits effective February 1,
2008, the (a) the sale or exchange of an Auction Rate Security by a
Plan to the Sponsor of such Plan; or (b) a lending of money or other
extension of credit to a Plan in connection with the Plan’s
holding of an Auction Rate Security: (1) Raymond James &
Associates, Inc. or any of its current or future affiliates or
subsidiaries (Raymond James); (2) an Introducing Broker; or (3) a
Clearing Broker; where the loan is: (i) repaid in accordance with
its terms; and (ii) guaranteed by the Plan Sponsor. In addition,
with respect to transactions involving Plans described in Title II
of ERISA only, this exemption permits effective February 1, 2008,
(a) the sale or exchange of an Auction Rate Security by a Title II
Only Plan to the Beneficial Owner of such Plan; or (b) a lending of
money or other extension of credit to a Title II Only Plan in
connection with the Plan’s holding of an Auction Rate Security,
from: (1) Raymond James; (2) an Introducing Broker; or (3) a
Clearing Broker; where the loan is: (i) repaid in accordance with
its terms; and (ii) guaranteed by the Beneficial Owner. |
|
|
PTE-2009-07 |
D-11484 |
|
G:
74 FR 8993 (02/27/09) |
P:
73 FR 66263 (11/07/08) |
|
Robert W. Baird & Co., Incorporated
With respect to transactions involving employee
benefit plans (the Plans) that are described in both Title I and
Title II of ERISA, this exemption permits, effective February 1,
2008, the (a) the sale or exchange of an Auction Rate Security by a
Plan to the Sponsor of such Plan; or (b) a lending of money or other
extension of credit to a Plan in connection with the holding of an
Auction Rate Security by the Plan, from: (1) Robert W. Baird &
Co. Incorporated or any of its current or future affiliates or
subsidiaries (Baird); (2) an Introducing Broker; or (3) a Clearing
Broker; where the loan is: (i) repaid in accordance with its terms;
and (ii) guaranteed by the Plan Sponsor. In addition, with respect
to transactions involving Plans described in Title II of ERISA only,
this exemption permits, effective February 1, 2008, (a) the sale or
exchange of an Auction Rate Security by a Title II Only Plan to the
Beneficial Owner of such Plan; or (b) a lending of money or other
extension of credit to a Title II Only Plan in connection with the
Plan’s holding of an Auction Rate Security, from: (1) Baird; (2)
an Introducing Broker; or (3) a Clearing Broker; where the loan is:
(i) repaid in accordance with its terms; and (ii) guaranteed by the
Beneficial Owner. |
|
|
PTE-2009-06 |
D-11481 |
|
G:
74 FR 8992 (02/27/09) |
P:
73 FR 66260 (11/07/08) |
|
Citigroup, Inc.
With respect to transactions involving employee
benefit plans (the Plans) that are described in both Title I and
Title II of ERISA, this exemption permits effective February 1,
2008, the (a) the sale or exchange of an Auction Rate Security by a
Plan to the Sponsor of such Plan; or (b) a lending of money or other
extension of credit to a Plan in connection with the holding of an
Auction Rate Security by the Plan, from: (1) Citigroup or an
affiliate (Citigroup); (2) an Introducing Broker; or (3) a Clearing
Broker; where the loan is: (i) repaid in accordance with its terms;
and (ii) guaranteed by the Plan Sponsor. In addition, with respect
to transactions involving Plans described in Title II of ERISA only,
this exemption permits, effective February 1, 2008, (a) the sale or
exchange of an Auction Rate Security by a Title II Only Plan to the
Beneficial Owner of such Plan; or (b) a lending of money or other
extension of credit to a Title II Only Plan in connection with the
holding of an Auction Rate Security by the Title II Only Plan, from:
(1) Citigroup; (2) an Introducing Broker; or (3) a Clearing Broker;
where the loan is: (i) repaid in accordance with its terms; and (ii)
guaranteed by the Beneficial Owner. |
|
Exercise
by Plan of Lease Renewal Option
|
|
|
Holding by
Plan of Partnership Units
|
|
|
Index and
Model-Driven Funds
|
|
PTE-2009-25 |
D-11508 |
|
G:
74 FR 45300 (09/01/09) |
P:
74 FR 20981 (05/06/09) |
|
Barclays Global Investors N.A. and Its Affiliates
and Successors (BGI) and Barclays Capital Inc. and Its Affiliates
and Successors (BarCap)
Permits: (1) effective September 22, 2008,
through the earlier of (i) the effective date of an individual
exemption granting permanent relief for the following transactions
or (ii) one year from the grant date of this individual exemption
(the Relief Period), the lending of securities of Client Plans in
reliance on PTE 2002-46, where the applicable Index or Model-Driven
Fund managed by BGI meets the definition of an “Index Fund” or a
“Model-Driven Fund” as set forth in Section III of PTE 2002-46
but for the fact that the underlying index is a BarCap Lehman Index;
(2) effective for the Relief Period, transactions carried out on
behalf of Client Plans in reliance on PTE 2008-01, where the
applicable Index or Model-Driven Fund would meet the definition of
an “Index Fund” or a “Model-Driven Fund” as set forth in
Section V of PTE 2008-01 but for the fact that the underlying index
is a BarCap Lehman Index; and (3) the purchase or sale of fixed
income securities between BGI on behalf of Client Plans and the
BarCap Lehman Broker-Dealer. |
|
|
|
|
PTE-2009-23 |
D-11447 |
|
G:
74 FR 45290 (09/01/09) |
P:
74 FR 8572 (02/25/09) |
|
Verizon Investment Management Corporation (Verizon)
Provides retroactive exemptive relief for
transactions entered into by Verizon, acting as an in-house asset
manager on behalf of plans sponsored by Verizon Communications, Inc.
or its subsidiaries, with parties in interest solely by reason of
providing services to such plans or solely by reason of a
relationship to a service provider described in section 3(14)(F),(G),
(H), or (I) of the Act, for the plan years from January 1, 2001,
through December 31, 2001, and January 1, 2003, through December 31,
2003; provided the requirements of Prohibited Transaction Exemption
96-23 (PTE 96 23) are met, except with respect to the annual audit
requirement in section I(h) of PTE 96-23. |
|
|
|
|
PTE-2009-26 |
D-11470 |
|
G:
74 FR 49034 (09/25/09) |
P:
74 FR 8576 (02/25/09) |
|
M&T Bank Corporation Pension Plan (the Plan)
Permits, effective January 18, 2007, the in-kind
redemptions of shares held by the Plan of the MTB Mid Cap Growth
Fund and the MTB Large Cap Stock Fund for which affiliates of
Manufacturers and Traders Trust Company provide investment advisory
and other services. |
|
Lease by Plan of
Real Property
|
|
PTE-2009-10 |
D-11336 |
|
G:
74 FR 13235 (03/26/09) |
P:
73 FR 79168 (12/24/08) |
|
Camino Medical Group, Inc. Employee Retirement
Plan (the Plan)
Permits, effective July 1, 2003 until December
14, 2007, the (1) the leasing (the 2003 Leases) of a medical
facility (the Urgent Care Facility) and a single family residence
converted to an office (the Residence) by the Retirement Plan to
CMG, the sponsor of the Retirement Plan and a party in interest with
respect to such plan; and (2) the exercise, by CMG, of options to
renew the 2003 Lease with respect to the Residence for one year and
the 2003 Lease with respect to the Urgent Care Facility for three
years. |
|
Miscellaneous
Transactions
|
|
PTE-2009-24 |
D-11465 |
|
G:
74 FR 45294 (09/01/09)
O:
74 FR 59001 (11/16/09) (Tech. Corr. Notice) |
P:
73 FR 79186 (12/24/08) |
|
United States Steel and Carnegie Pension Fund
(the Applicant)
Permits, effective February 15, 2003,
transactions between parties in interest with respect to the
“Former U.S. Steel Related Plans,” as defined in the exemption,
and an investment fund in which such plans have an interest,
provided UCF or its successor has discretionary authority or control
with respect to the plan assets involved in the transaction, and
various other conditions are satisfied. UCF had received final
authorization for this transaction under PTE 96-62, effective
February 15, 2003 (FAN 2003-03E), for a period of five years.
However, one of the conditions pertaining to an exemption audit was
not satisfied since the report was not done in a timely fashion.
This exemption provides retroactive relief back to the effective
date of FAN 2003-03E, and would provide prospective relief for an
additional five years from the date of the granting of the
exemption, provided stricter conditions regarding the exemption
audit are satisfied prospectively. |
|
Mitigation
VEBAs - Advances and True-ups
|
|
PTE-2009-28 |
L-11451 (Mitigation VEBA Case) |
|
G:
74 FR 49038 (09/25/09) |
P:
74 FR 30635 (06/26/09) |
|
Ford Motor Corporation and Its Affiliates
(collectively, Ford)
Permits, effective July 13, 2006, (1) monthly
cash advances to Ford by the Independent Health Care Trust for UAW
Retirees of Ford Motor Company (the DC VEBA), to reimburse Ford for
the estimated mitigation (the Mitigation) of certain health care
expenses, and during the period from July 14, 2006 through February
28, 2007, for the payment of dental expenses incurred by
participants in the DC VEBA; and (2) an annual “true-up” of the
Mitigation payments and dental expenses against the actual expenses
incurred, with the result that (a) if Ford has been underpaid by the
DC VEBA, Ford receives the balance outstanding from the DC VEBA,
with interest; or (b) if the DC VEBA has overpaid Ford, Ford
reimburses the DC VEBA for the amount overpaid, with interest. |
|
|
PTE-2009-03 |
L-11407 (Mitigation VEBA Case) |
|
G:
74 FR 3645 (01/21/09) |
P:
73 FR 42828 (07/23/08) |
|
General Motors Corporation and Its Wholly-Owned
Subsidiaries (together, GM)
Permits, effective December 16, 2005, (1) monthly
cash advances to GM by the DC VEBA to reimburse GM for the estimated
mitigation of certain health care expenses (the Mitigation) and for
the payment of dental expenses incurred by participants in the DC
VEBA; and (2) an annual “true up” of the Mitigation payments and
dental expenses against the actual expenses incurred, with the
result that (a) if GM has been underpaid by the DC VEBA, GM receives
the balance outstanding from the DC VEBA with interest, or (b) if
the DC VEBA has overpaid GM, GM reimburses the DC VEBA for the
amount overpaid, with interest. |
|
Purchase by
Plan of Real Property
|
|
PTE-2009-32 |
L-11482 |
|
G:
74 FR 59011 (11/16/09) |
P:
74 FR 44396 (08/28/09) |
|
Alaska Laborers-Construction Industry
Apprenticeship Training Trust (the Plan)
Permits the purchase by the Plan of certain
unimproved real property from the Alaska Construction & General
Laborers 942 Building Association, Inc., an entity owned by Local
942, Laborers International Union of North America, a party in
interest with respect to the Plan. |
|
|
|
|
PTE-2009-22 |
D-11397 |
|
G:
74 FR 45284 (09/01/09) |
P:
74 FR 13242 (03/26/09) |
|
PNC Financial Services Group, Inc. (PNC)
Permits, effective September 29, 2006, in
connection with the investment in an open end investment company (a
Fund) by Client Plans for which PNC serves as a fiduciary and is a
party in interest with respect to such Client Plan: (a) the receipt
of fees by PNC from a Fund, where BlackRock, Inc., and any affiliate
(BlackRock) acts as an investment adviser for such Fund, and the
receipt of fees by BlackRock for the provision of investment
advisory or similar services to such Fund; (b) the receipt of fees
by PNC from a Fund for providing Secondary Services to such Fund;
and (c) the receipt of fees by PNC from BlackRock in connection with
mutual fund administrative services provided by PNC to such Fund in
which a Client Plan invests. |
|
|
|
|
PTE-2009-14 |
D-11477, D-11478 and D-11479 |
|
G:
74 FR 20997 (05/06/09)
O: 74 FR 23888 (06/26/09) (Tech. Corr. Notice) |
P:
74 FR 3647 (01/21/09) |
|
UBS AG (UBS) and Its Affiliates, UBS Financial
Services Inc. and UBS Financial Services Inc. of Puerto Rico
Permits (1) the acquisition by the UBS Savings
and Investment Plan, the UBS Financial Services, Inc. 401(k) Plus
Plan, and the UBS Financial Services Inc. of Puerto Rico Savings
Plus Plan (collectively, the Plans) of certain entitlements (the
Entitlements) and certain subscription rights (the Rights) issued by
UBS, a party in interest with respect to the Plans; (2) the holding
of the Entitlements by the Plans between April 28, 2008 and May 9,
2008, inclusive, pending the automatic conversion of the
Entitlements into shares of UBS common stock; and (3) the holding of
the Rights by the Plans between May 27, 2008 and June 9, 2008,
inclusive. |
|
|
PTE-2009-01 |
D-11459 |
|
G:
74 FR 3644 (01/21/09) |
P:
73 FR 51524 (09/03/08) |
|
Calpine Corporation (the Applicant)
Permits, effective January 31, 2008, the past
acquisition by the Calpine Corporation Retirement Savings Plan (the
Plan) of warrants issued by the Applicant that would permit, under
certain conditions, the purchase of shares of newly-issued Calpine
Common Stock pursuant to certain bankruptcy proceedings; (2) the
holding of the Warrants by the Plan; and the (3) the disposition of
the Warrants. |
|
|
|
|
PTE-2009-30 |
D-11483 |
|
G:
74 FR 59002 (11/16/09) |
P:
74 FR 30634 (06/26/09) |
|
Urology Clinics of North Texas, P.A. 401(k)
Profit Sharing Plan and Trust (the Plan)
Permits the sale of a 2.52 percent ownership
interest comprising five Class I Units issued by the Center for
Pediatric Surgery, an unrelated party, by the individually-directed
account in the Plan of David Ewalt, M.D., to Dr. Ewalt, a party in
interest with respect to the Plan. |
|
|
PTE-2009-29 |
D-11432 |
|
G:
74 FR 59001 (11/16/09) |
P:
74 FR 30632 (06/26/09) |
|
Iron Workers Local 17 Pension Fund (the Plan)
Permits the sale of a leasehold interest, which
includes an office building and certain rights pursuant to a ground
lease, held by the Plan, to the Bridge, Structural and Ornamental
Iron Workers Local Union, a party in interest with respect to the
Plan. |
|
|
PTE-2009-05 |
D-11450 |
|
G:
74 FR 8571 (02/25/09) |
P:
73 FR 70375 (11/20/08) |
|
Brewster Dairy, Inc. 401(k) Profit Sharing Plan
(the Plan)
Permits the sale, on November 18, 2008, by the
Plan of 2.5 limited partnership units in the Heartland California
Clayton Limited Partnership to Brewster Dairy, Inc., the Plan’s
sponsor and a party in interest with respect to the Plan. |
|
|
PTE-2009-04 |
D-11428 |
|
G:
73 FR 8570 (02/25/09) |
P:
73 FR 70373 (11/20/08) |
|
Heico Holding, Inc. Pension Plan (the Plan)
Permits the proposed sale by the Plan of a
non-marketable limited partnership interest in Trident Equity Fund,
II, L.P. to Heico Holding Inc., a party in interest with respect to
the Plan. |
|
Sale by Plan
of Other Securities
|
|
PTE-2009-34 |
D-11445 |
|
G:
74 FR 67926 (12/21/09) |
P:
74 FR 49029 (09/25/09) |
|
Unaka Company, Incorporated Employees Profit
Sharing Plan (the Plan)
Permits the proposed sale by the Plan to Unaka
Company Incorporated, a party in interest with respect to the Plan,
of two promissory notes that are secured by deeds of trust on
certain parcels of real property. |
|
|
PTE-2009-33 |
D-11423 |
|
G:
74 FR 67925 (12/21/09) |
P:
74 FR 49026 (09/25/09) |
|
Cotter Merchandise Storage Company Defined
Benefit Pension Plan (the Plan)
Permits (1) the proposed sale by the Plan to the
Cotter Merchandise Storage Company (Cotter), the Plan sponsor and a
party in interest with respect to the Plan, of certain promissory
notes which are currently held in the Plan; and (2) the assignment,
by the Plan to Cotter, of a civil judgment against the Plan’s
former trustee, Robert Geib. |
|
|
PTE-2009-27 |
D-11553 |
|
G:
74 FR 49037 (09/25/09) |
P:
74 FR 36515 (07/23/09) |
|
Bank of New York Mellon Corporation (BNYMC)
Permits, effective November 25, 2008, the cash
sale of certain securities issued by Lehman Brothers Holdings Inc.
or its affiliates for an aggregate purchase price of approximately
$5,512,395 by the EB SMAM Securities Lending Temporary Investment
Fund (the Fund) to BNYMC, a party in a interest with respect to the
employee benefit plans invested, directly or indirectly, in the
Fund. |
|
|
PTE-2009-17 |
D-11536 - D-11550 |
|
G:
74 FR 30631 (06/26/09) |
P:
74 FR 13258 (03/26/09) |
|
Individual Retirement Account for Ralph Hartwell,
et al. (the IRAs)
Permits the cash sales of certain shares of
closely held common stock of the Bank of Idaho Holding Company by
the IRAs to their participants, who are disqualified persons with
respect to their respective IRAs. |
|
|
PTE-2009-02 |
D-11473 |
|
G:
74 FR 3644 (01/21/09) |
P:
73 FR 70377 (11/20/08) |
|
Starrett Corporation Pension Plan (the Plan)
Permits the proposed cash sale by the Plan to the
Starrett Corporation, a party in interest with respect to the Plan,
of a $25,000 face amount 7.797% secured senior note issued by the
Osprey Trust, an Enron related entity. |
|
Sale by Plan of
Real Property
|
|
PTE-2009-15 |
D-11493 |
|
G:
74 FR 30623 (06/26/09) |
P:
74 FR 8579 (02/25/09) |
|
Schloer Enterprises, Inc. 401(k) Profit Sharing
Plan (the Plan)
Permits the cash sale of a certain parcel of real
property by the Plan to Craig J. Schloer, a party in interest with
respect to the Plan. |
|
|
|
|
PTE-2009-11 |
D-11471 |
|
G:
74 FR 13236 (03/26/09) |
P:
73 FR 63200 (10/23/08) |
|
Amendment to Prohibited Transaction Exemption (PTE)
99-34 Involving the Chase Manhattan Bank/JPMorgan Chase Bank,
National Association (JPMCB)
Amends PTE 99-34 (64 FR 46419, August 15, 1999),
an exemption granted to The Chase Manhattan Bank (CMB). PTE 99-34
permits the lending of securities to affiliates of The Chase
Manhattan Corporation (CMC) by employee benefit plans, including
commingled investment funds holding plan assets for which CMC
affiliates act as directed trustee or custodian and securities
lending agent or subagent, and the receipt of compensation in
connection with the transactions. The amendment applies to JPMCB, a
successor organization to CMB, and would extend the provisions of
PTE 99-34 to certain transactions with affiliates of the Bear
Stearns Companies, Inc. The amendment is effective as of August 25,
1999. |
|
|
|
|
PTE-2009-13 |
D-11458 |
|
G:
74 FR 20990 (05/06/09)
O: 74 FR 23888 (06/26/09) (Tech. Corr. Notice) |
P:
73 FR 79174 (12/24/08) |
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The Bank of New York Mellon Corporation (BNYMC)
Permits, effective December 24, 2008, the
purchase of certain securities (the Securities) by an asset
management affiliate of BNYMC, from any person other than such asset
management affiliate of BNYMC or any affiliate thereof, during the
existence of an underwriting or selling syndicate with respect to
such Securities, where a broker-dealer affiliated with BNYMC is a
manager or member of such syndicate (an “affiliated underwriter
transaction” (AUT) and/or where an Affiliated Trustee serves as
trustee of a trust that issued the Securities (whether or not debt
securities) or serves as indenture trustee of Securities that are
debt Securities (an “affiliated trustee transaction”' (ATT) and
the asset management affiliate of BNYMC, as a fiduciary, purchases
such Securities (a) on behalf of an employee benefit plan or
employee benefit plans (Client Plan(s); or (b) on behalf of Client
Plans, and/or In-House Plans, which are invested in a pooled fund or
in pooled funds. |
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