Addition of [Section 6.1(h)]. [Section 6.1] of the SPA is amended by the addition of the [following clause (h)].

Addition of [Section 2.4G] to the Agreement. The following provisions are hereby incorporated into the Agreement as [Section 2.4G] and subsections:

Addition of Unencumbered Property. [Each of the][The] Borrower [and the Joining Party] hereby certifies that, as of the date hereof,

Addition of an Issuing Bank. One or more Revolving Lenders (other than a Defaulting ​) selected by the ​ that agrees to act in such capacity and reasonably acceptable to the Administrative ​ may become an additional Issuing Bank hereunder pursuant to a written agreement in form and substance reasonably satisfactory to the Administrative ​ among the ​, the Administrative ​ and such Revolving ​. The Administrative ​ shall notify the Revolving Lenders of any such additional Issuing Bank.

Lender Addition and Acknowledgment Agreements. The Administrative Agent shall have received Lender Addition and Acknowledgment Agreements duly executed by the Company, the Administrative Agent and each Increasing Lender.

Addition of Shares from Prior Plan. After the Effective Date, if any Shares subject to awards granted under the Prior Plan would again become available for new grants under the terms of such plan if such plan were still in effect, then those Shares will be available for the purpose of granting Awards under this Plan, thereby increasing the number of Shares available for issuance under this Plan as determined under Section 6(a), including incentive stock options. Any such Shares will not be available for future awards under the terms of the Prior Plan.

Conditions to Addition of an Applicant Borrower. The agreement of Lenders to the addition of an Applicant Borrower as a Borrower under this Agreement is subject to the satisfaction, or waiver by [[Organization B:Organization]], of the following conditions precedent, as well as the conditions specified in [Section 2.26]:

Resignation or Addition of an L/C Issuer. An L/C Issuer that is no longer a Revolving Lender hereunder may resign as L/C Issuer at any time upon at least 30 days’ prior written notice to the Administrative Agent and the Borrower. One or more Revolving Lenders, with such Revolving Lender’s consent, may be appointed as additional L/C Issuers in accordance with paragraph # below. The Administrative Agent shall notify the Revolving Lenders of any such resignation of an L/C Issuer or any such appointment of an additional L/C Issuer. At the time any such resignation shall become effective, the Borrower shall pay all unpaid fees accrued for the account of the resigning L/C Issuer. From and after the effective date of any such resignation or addition, as applicable, # any successor or additional L/C Issuer shall have all the rights and obligations of an L/C Issuer under this Agreement with respect to Letters of Credit to be issued thereafter and # references herein to the term “L/C Issuer” shall be deemed to refer to such successor or such addition or to any previous L/C Issuer, or to such successor or such additional L/C Issuer and all previous L/C Issuers, as the context shall require. After the resignation of an L/C Issuer hereunder, such L/C Issuer shall remain a party hereto and shall continue to have all the rights and obligations of an L/C Issuer under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one L/C Issuer hereunder, the Borrower may, in its discretion, select which L/C Issuer is to issue any particular Letter of Credit.

[Section 4.03(b)(17)] of the Indenture is hereby amended by replacing the “.” at the end thereof with “;”.

[Section 4.03(b)] of the Indenture is hereby amended by adding a new [Section 4.03(b)(18)] at the end thereof to read as follows:

[Section 6.01(e)] of the Indenture is hereby amended by replacing the “,” at the end thereof with:

[Section 6.01] of the Indenture is hereby amended by deleting the “or” at the end of [Section 6.01(k)], replacing the “.” at the end of 6.01(l) with a “; or” and adding a new [Section 6.01(m)] at the end thereof to read as follows:

[Section 6.10] of the Indenture is hereby amended by replacing the first paragraph in its entirety to read as follows:

[Section 7.02] is hereby amended by adding the following provision at the end thereof:

[Section 11.09(a)] is hereby amended by adding the following sentence at the end thereof:

[Section 12.01(a)] of the Indenture is hereby amended by adding the words “Initial Notes” before “Trustee or the Notes Collateral Trustee” and adding the following:

[Section 409A]. The provisions regarding all payments to be made hereunder shall be interpreted in such a manner that all such payments either comply with Section 409A of the Code or are exempt from the requirements of Section 409A of the Code as “short-term deferrals” as described in Section 409A of the Code. To the extent that any amounts payable hereunder are determined to constitute “nonqualified deferred compensation” within the meaning of Section 409A of the Code, such amounts shall be subject to such additional rules and requirements as specified by the Committee from time to time in order to comply with Section 409A of the Code and the payment of any such amounts may not be accelerated or delayed except to the extent permitted by Section 409A of the Code. The Company makes no representation or warranty and shall have no liability to any Participant or any other person if any payments under any provisions of this Plan are determined to constitute deferred compensation under Section 409A of the Code that are subject to the twenty percent (20%) additional tax under Section 409A of the Code.

[Section 409A]. This Agreement constitutes “deferred compensation” within the meaning of Section 409A of the Internal Revenue Code and the regulations and other guidance promulgated thereunder (“[Section 409A]”). This Agreement, any deferral election made in accordance with Section 4 above and the Plan provisions that apply to this Award are intended to comply with Section 409A and shall be interpreted, administered and construed in a manner consistent with such intent. To the extent necessary to give effect to this intent, in the case of any conflict or potential inconsistency between the provisions of the Plan (including, without limitation, [Sections 1.3.1 and 2.1]1] thereof) and this Agreement, the provisions of this Agreement shall govern, and in the case of any conflict or potential inconsistency between this Section 11 and the other provisions of this Agreement, this Section 11 shall govern. The Company shall have no liability to the Awardee if the Award is subject to the additional tax and penalties under Section 409A.