1. This Section shall apply to the following:

(a) AIFMs managing one or more AIFs which either individually or jointly on the basis of an agreement aimed at acquiring control, acquire control of a non-listed company in accordance with paragraph 5;

(b) AIFMs cooperating with one or more other AIFMs on the basis of an agreement pursuant to which the AIFs managed by those AIFMs jointly, acquire control of a non-listed company in accordance with paragraph 5.

2. This Section shall not apply where the non-listed companies concerned are:

(a) small and medium-sized enterprises within the meaning of Article 2(1) of the Annex to Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises [OJ L 124, 20.5.2003, p. 36.]; or

(b) special purpose vehicles with the purpose of purchasing, holding or administrating real estate.