146 NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS OF AEGON N.V.  NOTE 4 under insurance policies. Currently AEGON uses gender as a  risk factor pricing for both general and life insurance policies.  AEGON will consider the impact the judgment of the ECJ on its  insurance business. As required under European Union state aid rules, the Dutch  State notified the European Commission of the issuance by  AEGON in December 2008 of EUR 3 billion of non-voting  convertible core capital securities to Vereniging AEGON, which  was funded by the Dutch State. The European Commission  determined that the aid provided by the Dutch State was  compatible with the common market, raised no objection to the  aid and authorized the aid as emergency intervention in  response to the financial crisis. In July 2010, the Dutch State  submitted a final viability plan regarding AEGON’s status as a  fundamentally sound institution to the European Commission.  The European Commission approved the plan on August 17,  2010. As part of the process to conclude the European  Commission’s final review of the plan, AEGON agreed with the  Dutch Ministry of Finance to amend the terms and conditions of  full repurchase of the then-remaining EUR 2 billion of  convertible core capital securities. The conditions, which  assume a full repurchase no later than June 30, 2011, impose  certain requirements on AEGON and its future actions. For  example, AEGON may not pay dividends on common shares, and  may not pursue acquisitions, except for certain investments in  bancassurance partnerships in Spain, provided that AEGON  does not increase its overall market share in the Spanish  market. In addition, AEGON may not pursue a top-three price  Under the terms and conditions agreed with the Ministry of  Finance, AEGON is required to seek approval from the Dutch  Central Bank before being permitted to repurchase the  remaining core capital securities. In determining whether to  approve a request for repurchase, the Dutch Central Bank  considers certain criteria including the adequacy of AEGON’s  excess capital. There is no limit on the duration of such  consultations or certainty as to the outcome of such  consultations. If AEGON is unable to meet its interest  obligations or is unsuccessful in repurchasing the capital,  AEGON may be required to convert the convertible core capital  securities into its ordinary shares, which may result in both the  ability of the Dutch State to exert influence in its capacity as a  large holder of AEGON’s ordinary shares and a significant  dilution to existing shareholders. If full repurchase of the  convertible core capital securities is not achieved before June  30, 2011, AEGON may face revised and / or additional conditions  to repurchase and / or other operational restrictions, which  could have a material adverse effect on AEGON’s business,  results of operations and financial condition. leadership position in its residential mortgage and internet  savings businesses in the Netherlands. AEGON also agreed to  request Standard & Poor’s to no longer publish its insurance  financial strength rating on AEGON Levensverzekering N.V. in  the Netherlands and to explore the sale or exit of certain  businesses. These requirements may have a material adverse  effect on AEGON’s business, results of operations and financial  condition. OTHER RISKS