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This excerpt taken from the C 8-K filed Oct 13, 2009. Proprietary TOB trusts are generally consolidated, in which
case the financing (the Floaters) is recognized on the Companys balance sheet
as a liability. However, certain proprietary TOB trusts are not consolidated by
the Company, where the Residuals are held by hedge funds that are consolidated
and managed by the Company. The assets and the associated liabilities of these
TOB trusts are not consolidated by the hedge funds (and, thus, are not
consolidated by the Company) under the application of the AICPA Investment
Company Audit Guide, which precludes consolidation of owned investments. The
Company consolidates the hedge funds, because the Company holds controlling
financial interests in the hedge funds. Certain of the Companys equity
investments in the hedge funds are hedged with derivatives transactions
executed by the Company with third parties referencing the returns of the hedge
fund.
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