; (ii) which as of such date of enactment, or during such period, are in critical status (within the meaning of section 432(b)(2) of such Code and section 305(b)(2) of such Act), have a modified funded percentage of less than 40 percent, and have a ratio of active to inactive participants which is less than 2 to 5; or (iii) which are insolvent for purposes of section 418E of such Code as of such date of enactment, or during such period, if they became insolvent after December 16, 2014, and have not been terminated