[insert name of ERIA Fund] have the right to meet on a regular basis with such management personnel of the Company as may reasonably be designated by either of them, upon reasonable notice to the Company, for the purpose of consulting with and advising and influencing management, obtaining information regarding the business and prospects of the Company or expressing their respective views thereon. The parties agree that if legal counsel for [insert name of ERIA Fund] reasonably concludes that the rights granted by this clause 38 should be amended to preserve the qualifications of [insert name of ERIA Fund] or otherwise to ensure that the assets of [insert name of ERIA Fund] are not considered "plan assets" for the purposes of ERISA, the parties will make such amendments to this agreement to effect such alterations, provided however that no such alteration would result in an adverse effect on the operation, business or the prospects of the Company.]
[insert name of ERIA Fund] have the right to meet on a regular basis with such management personnel of the Company as may reasonably be designated by either of them, upon reasonable notice to the Company, for the purpose of consulting with and advising and influencing management, obtaining information regarding the business and prospects of the Company or expressing their respective views thereon. The parties agree that if legal counsel for [insert name of ERIA Fund] reasonably concludes that the rights granted by this clause 38 should be amended to preserve the qualifications of [insert name of ERIA Fund] or otherwise to ensure that the assets of [insert name of ERIA Fund] are not considered "plan assets" for the purposes of ERISA, the parties will make such amendments to this agreement to effect such alterations, provided however that no such alteration would result in an adverse effect on the operation, business or the prospects of the Company.]
BVCA%20Model%20SSA%20(Final).docx