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The following piece is a guest blog written by one of our partners, Jason C. Ray of Morgan Lewis and Bockius, LLC.A common question from ESOP sponsors that has been popping up recently is about the diversification requirements in their plan – not just about who should be given the election, but also about when the election should be given and how to calculate the portion of the account eligible for diversification. It’s important to keep this requirement in mind and monitor the ESOP participant population year by year, because failing to comply with this requirement can result in a breach of fiduciary duty and possibly jeopardize the ESOP’s tax-qualified status. Moreover, monitoring this obligation also aids in getting a handle on the company’s repurchase obligation.ESOP DiversificationEach eligible ESOP participant (“Eligible Participant”) must be provided the opportunity to diversify up to 25% of his or her company stock account each year over a five year period, then increasing to 50% during the sixth and final year. These percentages are cumulative over the entire election period – – it is not 25% each year in the first 5 years and then 50% in the sixth year. An Eligible Participant is a current participant or former participant who has attained age fifty-five and completed at least ten years of participation in the ESOP. The Eligible Participant must be given the right to diversify within 90 days following the end of the plan year in which he or she is eligible to diversify. If the Eligible Participant elects to diversify his or her account, the shares of company stock must then be diversified within the 90 days following his or her 90-day election period.All shares of company stock previously diversified are included in calculating the required number of shares available for subsequent years. In other words, the shares of company stock previously diversified are added back into the account balance, then the applicable percentage (25%, or 50% if in the sixth year of the election period) is applied and the prior amounts are then subtracted from the result.Valuation IssuesEligible Participants must make a decision whether or not to diversify a portion of their company stock account within 90 days following the end of the plan year in which they are eligible to diversify. The trustee of the ESOP then has 90 days to diversify the Eligible Participant’s account. Thus, as you can see, the diversification must be accomplished within 180 days after the end of the plan year. However, privately-held companies may not have a current valuation within this required time frame in order for the trustee to accurately diversify the Eligible Participant’s account. In such a situation, the diversification election form that the Eligible Participant completes must contain express language that conveys the following: (i) the number of shares of company stock available for diversification are stated in lieu of a market value; and (ii) the Eligible Participant is hereby notified that the shares of company stock will be diversified based on

Hunting vessel on the planet of Pandora.Jemaine Clement as Dr. Ian Garvin, a marine biologist.Jamie Flatters as Neteyam Sully, Jake and Neytiri's first son and oldest child.Britain Dalton as Lo'ak Sully, Jake and Neytiri's second son.Chloe Coleman as a young Lo'ak.Trinity Jo-Li Bliss as Tuk Sully, Jake and Neytiri's eight-year-old daughter and their youngest child.Jack Champion as Miles Quaritch Socorro ("Spider"), the teenage son of Quaritch born in Hell's Gate (the human base on Pandora in the first film) who was rescued and adopted by Jake and Neytiri after they had previously killed his father, who "prefers his time in the Pandoran rainforest".Bailey Bass as Tsireya ("Reya"), a graceful and strong free-diver of the Metkayina and Tonowari and Ronal's daughter.Filip Geljo as Aonung, a young male hunter and free-diver of the Metkayina, and Tonowari and Ronal's son.Duane Evans Jr. as Rotxo, a young male hunter and free-diver of the Metkayina.Giovanni Ribisi as Parker Selfridge, the former corporate administrator for the RDA mining operation.Dileep Rao as Dr. Max Patel, a scientist who worked in the Avatar Program and came to support Jake's rebellion against the RDA in the first film.Matt Gerald as Corporal Lyle Wainfleet, a mercenary for the RDA in their war against the Na'vi who was previously killed by a hammerhead titanothere and was revived as a Recombinant. Gerald was announced to reprise his role in August 2017.Additionally, Alicia Vela-Bailey appears, uncredited, as Zdinarsk, a Recombinant and member of the 1st Recom Squadron. Vela-Baily previously portrayed Ikeyni, the leader of the Na'Vi Ikran Clan, in the original film. She is also featured as a stunt performer in both films. CJ Jones appears, also uncredited, as a Metkayina interpreter of the Na'vi sign language he created.Production[]Development[]In 2006, Cameron stated that if Avatar was successful, he hoped to make two sequels to the film. In 2010, he said the film's widespread success confirmed that he would do so. The sequels were originally scheduled for release in December 2014 and 2015. He included certain scenes in the first film for future story follow-ups. Cameron planned to shoot the sequels back-to-back and to