; and (iii) the restrictions on certain employee compensation described in section 4004(a) of the CARES Act ( Public Law 116–136 ) apply to officers and employees of the eligible recipient. (B) Exceptions (i) Dividends (I) Real estate investment trusts Subparagraph (A)(ii) shall not apply to any eligible recipient that is a real estate investment trust (as defined under section 856 of the Internal Revenue Code of 1986) for the taxable year in which the distribution is made to the extent that such entity distributes no more than 100 percent of real estate investment trust taxable income (as defined in section 857(b)(2) of such Code, determined without regard to the deduction for dividends paid (as defined in section 561 of such Code)) during such taxable year. (II) Regulated investment companies Subparagraph (A)(ii) shall not apply to any eligible recipient that is a regulated investment company (as defined under section 851 of the Internal Revenue Code of 1986) for the taxable year in which the distribution is made to the extent that such entity distributes no more than 100 percent of investment company taxable income (as defined in section 852(b)(2) of such Code, determined without regard to the deduction for dividends paid (as defined in section 561 of such Code)) during such taxable year. (ii) Distributions Notwithstanding subparagraph (A), during the period described in that subparagraph an eligible recipient that is an S-corporation or a limited liability company may provide a distribution to pay income taxes. (5) Emergency relief funds (A) In general Except as provided in subparagraph (B), an eligible recipient applying for a covered loan may not receive or have received any assistance under 4003 of the CARES Act ( Public Law 116–136 ) for any purpose. (B) Return of funds An eligible recipient that received assistance under section 4003 of the CARES Act ( Public Law 116–136 ) may apply for a covered loan if the eligible recipient returns the funds received under such section 4003. (6) Business concerns with