EFTA01374160

AGP LP 519 Alpha Group Capital Paul Barrett (6) Notwithstanding (1) above, any agency or branch of a U.S. Person located outside the United States shall not be deemed a 'U.S. Person' if: the agency or branch operates for valid business reasons; and (ii) the agency or branch is engaged in the business of insurance or banking and is subject to substantive insurance or banking regulation, respectively, in the jurisdiction where located. (7) The International Monetary Fund, the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, the United Nations, and their agencies, affiliates and pension plans, and any other similar international organizations, their agencies, affiliates and pension plans shall not be deemed "U.S. Persons". Appendix D-2 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0068715 CONFIDENTIAL SDNY_GM_00214899 EFTA01374160