# WHO IS AN INSURED AMENDATORY ENDORSEMENT

| Named Insured | Endorsement Number |
|---------------|--------------------|
| Policy Symbol  | Policy Number       | Policy Period | Effective Date of Endorsement |
| Issued By (Name of Insurance Company) |

## THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY

This endorsement modifies insurance provided under the following:

**COMMERCIAL UMBRELLA LIABILITY POLICY**

TO THE EXTENT THAT THE TERMS OF THIS ENDORSEMENT CONFLICT WITH THE SAME PROVISIONS AS MODIFIED BY ANOTHER ENDORSEMENT, THE TERMS OF THIS ENDORSEMENT WILL SUPERSEDE ANY OTHER ENDORSEMENTS.

This policy is amended as follows:

**Paragraphs A. 2., B. 5. and B. 7. of SECTION II WHO IS AN INSURED are deleted and replaced by the following:**

A. 2. Any subsidiary of the Named Insured named in Item 1 of the Declarations of this policy, and any other organization or affiliated company under your control and active management, at the inception date of this policy is an "insured", providing such subsidiary or organization was made known to us prior to or at the inception date of this policy;

B. 5. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company (other than a wholly owned subsidiary), and over which you maintain ownership or majority interest, will qualify as an "insured". This insurance will be excess over and not contribute with any "other insurance" available to that organization. However:

a. This insurance does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization;

b. This insurance does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization; and

Coverage under this provision applies automatically provided that:

i. The annual gross revenues of the organization newly acquired or controlled by you does not exceed $5,000,000,000 in total annual receipts. This is subject to an annual aggregate cap of $10,000,000,000 in gross revenues for all newly acquired or controlled organizations

ii. The operations of any organization newly acquired controlled or formed by you are not materially different from "your" operations prior to such acquisition, formation or merger or any series of interrelated acquisitions, formations or mergers.

iii. For all other organizations newly acquired, controlled, or formed, coverage is automatically in force for 90 days from the date of acquisition and the Named Insured shall provide notice to us as soon as practicable.

We reserve the right to charge an additional premium when iii. applies.

MS-216145.6 (03/18)