RIN II • 094 Alpha Group Capital LLC diversification requirements of ERISA, including whether the investment is prudent in light of limitations on the marketability of the Preferred Shares; (iii) whether such fiduciaries have authority to make the investment under the appropriate Plan investment policies and governing instrument and under Title I of ERISA; and (iv) whether the investment will give rise to a "prohibited transaction" within the meaning of Section 406 of ERISA or Section 4975 of the Code. In analyzing the prudence of an investment in the Issuer, special attention should be given to the US Department of Labor ("DOL.") regulation on investment duties (29 US CFR Section 2550.404a-1). Fiduciaries of plans subject to any Similar Law should confirm that an investment in the Preferred Shares will not result in a violation of such Similar Law. In addition, any Benefit Plan Investor or a fiduciary purchasing the Preferred Shares on behalf of a Benefit Plan Investor or who represents the Benefit Plan Investor with respect to such purchase, should consider the impact of the Department of Labor regulations promulgated at 29 C.F.R. Section 2510.3-21 on April 8, 2016 (81 Fed. Reg. 20,997) (the "Fiduciary Rule"). Each purchaser of the Preferred Shares that is a Benefit Plan Investor, including any fiduciary purchasing the Preferred Shares on behalf of a Benefit Plan Investor or who represents the Benefit Plan Investor with respect to such purchase, will be deemed to have represented by its purchase of the Preferred Shares that: (1) none of the Transaction Parties has provided or will provide advice with respect to the acquisition of the Preferred Shares by the Benefit Plan Investor; (2) with respect to the purchase of the Preferred Shares, the Benefit Plan Investor is represented by a fiduciary (the "Plan Fiduciary") that either: (a) is a bank as defined in Section 202 of the Investment Advisers Act of 1940 (the "Advisers Act"), or similar institut