Page:United States Statutes at Large Volume 116 Part 1.djvu/414

 116 STAT. 388 PUBLIC LAW 107-171—MAY 13, 2002 "Subtitle H^—Rural Business Investment Program 7 USC 2009CC. "SEC. 384A. DEFINITIONS. "In this subtitle: "(1) ARTICLES.— The term 'articles' means articles of incorporation for an incorporated body or the functional equivalent or other similar documents specified by the Secretary for other business entities. "(2) DEVELOPMENTAL VENTURE CAPITAL. —The term 'developmental venture capital' means capital in the form of equity capital investments in rural business investment companies with an objective of fostering economic development in rural areas. " (3) EMPLOYEE WELFARE BENEFIT PLAN; PENSION PLAN.— "(A) IN GENERAL. — The terms 'employee welfare benefit plan' and 'pension plan' have the meanings given the terms in section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002). "(B) INCLUSIONS.— The terms 'employee welfare benefit plan' and 'pension plan' include— "(i) public and private pension or retirement plans subject to this subtitle; and "(ii) similar plans not covered by this subtitle that have been established, and that are maintained, by the Federal Government or any State (including by a political subdivision, agency, or instrumentality of the Federal Government or a State) for the benefit of employees. "(4) EQUITY CAPITAL. — The term 'equity capital' means common or preferred stock or a similar instrument, including subordinated debt with equity features. "(5) LEVERAGE.— The term 'leverage' includes— "(A) debentures purchased or guaranteed by the Secretary; "(B) participating securities purchased or guaranteed by the Secretary; and "(C) preferred securities outstanding as of the date of enactment of this subtitle. "(6) LICENSE.— The term 'license' means a license issued by the Secretary as provided in section 384D(e). "(7) LIMITED LL^ILITY COMPANY. —The term 'Hmited liability company' means a business entity that is organized and operating in accordance with a State limited liability company law approved by the Secretary. "(8) MEMBER.— The term 'member' means, with respect to a rural business investment company that is a limited liability company, a holder of an ownership interest or a person otherwise admitted to membership in the limited liability company. "(9) OPERATIONAL ASSISTANCE.—The term 'operational assistance' means management, marketing, and other technical assistance that assists a rural business concern with business development. "(10) PARTICIPATION AGREEMENT.— The term 'participation agreement' means an agreement, between the Secretary and a rural business investment company granted final approval

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