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91_SB0011sam003 LRB9101143PTpkam06 1 AMENDMENT TO SENATE BILL 11 2 AMENDMENT NO. . Amend Senate Bill 11, AS AMENDED, 3 with reference to page and line numbers of Senate Amendment 4 No. 1, on page 1, line 18, by replacing "owning," with 5 "beneficially owning, whether through rights, options, 6 convertible interests, or otherwise,"; and 7 on page 1, line 19, by replacing "10%" with "25%"; and 8 on page 2, line 3, by replacing "10%" with "25%"; and 9 on page 2, by replacing line 5 with "directly or indirectly 10 beneficially owned, whether through rights, options, 11 convertible interests, or otherwise, controlled, or held 12 with"; and 13 on page 2, line 22, before "its", by inserting "or both"; and 14 on page 4, line 1, before "and", by inserting "an annualized 15 internal rate of return (calculated using the purchase price 16 of the qualified debt instrument, all payments of principal 17 and interest, and all future tax credits projected to be 18 received) not to exceed 3.5% over the then current yield of 19 the most recently issued 10-year U.S. Treasury security at 20 the time of issuance of the qualified debt instrument,"; and 21 on page 4, line 2, after "component", by inserting "(unless -2- LRB9101143PTpkam06 1 the equity component is severable from and not considered a 2 part of the qualified debt instrument)"; and 3 on page 4, by replacing lines 5 through 9 with "capital 4 company's investment portfolio."; and 5 on page 4, line 11, by replacing "to equity holders of" with 6 "from"; and 7 on page 4, line 13, by replacing "Costs" with "Reasonable 8 costs"; and 9 on page 4, line 18, by replacing "company" with "company, 10 provided that no distribution or payment is directly or 11 indirectly made to a certified investor,"; and 12 on page 6, by replacing lines 21 through 23 with the 13 following: 14 "(g) No insurance company, group of insurance companies, 15 affiliate of an insurance company, group of affiliates of an 16 insurance company, or combination of insurance companies, 17 affiliates, or groups shall, directly or indirectly, manage a 18 certified capital company, beneficially own 10% or more, 19 whether through rights, options, convertible interests, or 20 otherwise, of the"; and 21 on page 6, line 26, after "an", by inserting "insurance 22 company or affiliate of an insurance company from possessing 23 voting rights with respect to certain extraordinary issues, 24 or"; and 25 on page 12, line 28, by replacing "to its equity holders," 26 with "or payment,".