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Company's receipt of such information, in writing or otherwise, the Retirement Trust's Units shall be <br />redeemed in accordance with the provisions of the Declaration of Trust. <br />WARRANTIES, REPRESENTATIONS AND COVENANTS OF EMPLOYER AND ELIGIBLE TRUST <br />1. Employer and Retirement Trust represent and warrant as follows: <br />A. The Retirement Trust meets the definition of an "Eligible Trust" under the Declaration of Trust. This <br />means the Retirement Trust is any of the following: <br />I. a retirement, pension, profit- sharing, stock bonus, or other employee benefit trust that <br />is exempt from Federal income taxation under Section 501(a) of the Code by reason of <br />qualifying under Section 401(a) of the Code; or <br />F. an eligible governmental plan trust or custodial account under Section 457(b) of the <br />Code that is exempt under Section 457(g) of the Code; or <br />ill. Section 401(a)(24) governmental plans; or <br />iv. any common, collective, or commingled trust fund the assets of which consist solely of <br />assets of eligible investors in a group trust under Revenue Ruling 81 -100; or <br />V. an insurance company separate account (i) the assets of which consist solely of assets <br />of eligible investors in a group trust under Revenue Ruling 81 -100, (ii) with respect to <br />which the insurance company maintaining the separate account has entered into a <br />written arrangement with the Trust Company consistent with the requirements of <br />Revenue Ruling 2011 -1, and (iii) the assets of which are insulated from the claims of the <br />insurance company's general creditors; or <br />vi. any other plan, trust, or other entity that is an eligible investor in a group trust under <br />Revenue Ruling 81 -100. <br />B. The Retirement Trust is established, maintained and administered under one or more documents that <br />authorize part or all of the assets of the Retirement Trust to be transferred to, and commingled for <br />investment purposes in, a Trust that meets the requirements of Revenue Ruling 81 -100; <br />C. The Declaration of Trust (including each Fund thereunder) is adopted as part of the Retirement Trust; <br />D. Authorization or license from any foreign, federal, state or local regulatory authority or agency required <br />on the part of the Employer or the Retirement Trust has been obtained and any necessary filing with any <br />of the foregoing has been duly made. <br />2. Employer hereby represents and acknowledges the following: <br />A. It has the requisite authority to enter into this Participation Agreement on behalf of the Retirement <br />Trust, to authorize investments under the provisions of the documents of the Retirement Trust and to <br />make, on behalf of the Retirement Trust, any and all certifications, covenants, representations or <br />warranties set forth in this Agreement. <br />2 VantageTrust II Participation Agreement <br />1/2016 <br />