[Section 12.9(b)(iv)] of the Equity Definitions is hereby amended by # deleting # subsection # in its entirety, # the phrase “or (B)” following [subsection (A) and (3)])] the phrase “in each case” in [subsection (B)]; and # deleting the phrase “neither the Non-Hedging Party nor the Lending Party lends Shares in the amount of the Hedging Shares or” in the penultimate sentence.

[Section 12.9(b)(v)] of the Equity Definitions is hereby amended by # adding the word “or” immediately before subsection “(B)” and deleting the comma at the end of [subsection (A)]; and (B)(1) deleting subsection # in its entirety, # deleting the word “or” immediately preceding [subsection (C) and (3)])] replacing in the penultimate sentence the words “either party” with “the Hedging Party” and # deleting clause (X) in the final sentence.