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These excerpts taken from the C 8-K filed Jun 10, 2009. Specified Person Group I”
means (i) the Specified Investor, (ii) any Affiliate of the Specified Investor
that is directly or indirectly “controlled by” (as such term is used in the
definition of the term “Affiliate”) the Specified Investor and (iii) each
Permitted Transferee; provided that a Fund Vehicle
shall not be included in “Specified Person Group I” unless a Person described in
clause (i), (ii) or (iii) of this definition is the general partner or
investment manager of the Fund Vehicle or is otherwise principally responsible
for the investment decisions of the Fund Vehicle.
“ Specified Person Group II”
means (i) Temasek Holdings (Private) Ltd, (ii) any Affiliate of Temasek Holdings
(Private) Ltd that is directly or indirectly “controlled by” (as such term is
used in the definition of the term “Affiliate”) Temasek Holdings (Private) Ltd,
(iii) the Government of Singapore and the Monetary Authority of Singapore and
(iv) any other Person that (A) is treated for purposes of Treasury Regulations
Section 1.382-2T (by reason of Treasury Regulation Section
1.382-2T(h)(2)(iii)(C) (for the avoidance of doubt, including the flush language
at the end of Treasury Regulation Section 1.382-2T(h)(2)(iii)) and/or by reason
of such Person constituting the Government of Singapore or an agency,
instrumentality or unit of the Government of Singapore) as the same “individual”
(or the same entity or same other party, as applicable) as any Person in
Specified Person Group I and (B) is not a Person in Specified Person Group
I.
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