Agreements and Acknowledgements Regarding Hedging. [[Organization B:Organization]] understands, acknowledges and agrees that: # at any time on and prior to the Expiration Date, [[Organization A:Organization]] and its affiliates may buy or sell Shares or other securities or buy or sell options or futures contracts or enter into swaps or other derivative securities in order to adjust its hedge position with respect to the Transaction; # [[Organization A:Organization]] and its affiliates also may be active in the market for Shares other than in connection with hedging activities in relation to the Transaction; # [[Organization A:Organization]] shall make its own determination as to whether, when or in what manner any hedging or market activities in securities of Issuer shall be conducted and shall do so in a manner that it deems appropriate to hedge its price and market risk with respect to the “Daily VWAP” (as defined in the Indenture); # any market activities of [[Organization A:Organization]] and its affiliates with respect to Shares may affect the market price and volatility of Shares, as well as the “Daily VWAP” (as defined in the Indenture), each in a manner that may be adverse to [[Organization B:Organization]]; and # the Transaction is a derivatives transaction in which it has granted [[Organization A:Organization]] an option, and [[Organization A:Organization]] may purchase shares for its own account at an average price that may be greater than, or less than, the price paid by [[Organization B:Organization]] under the terms of the Transaction.

Hedging Agreements Enter into any Hedging Agreement, except to hedge risks arising in the Ordinary Course of Business and not for speculative purposes

Acknowledgements Regarding Placement Agent. Each Buyer acknowledges that the Placement Agent will be compensated by the Company for acting in such capacity with respect to the securities purchased by the Buyers. The Buyer represents that # the Buyer was contacted regarding the sale of the Securities by the Placement Agent (or an authorized agent or representative thereof) with whom the Buyer had a substantial pre-existing relationship and who entered into a confidentiality agreement or otherwise agreed, orally or in writing, to keep information with respect to the transactions contemplated hereby confidential and # to such Buyer’s knowledge, no Securities were offered or sold to such Buyer by means of any form of general solicitation or general advertising.

Hedging. [[Organization C:Organization]] shall hedge all Purchased Assets in accordance with [[Organization C:Organization]]’s hedging policies. Unless otherwise requested by [[Organization B:Organization]], [[Organization C:Organization]] shall deliver to [[Organization B:Organization]] once per week, a hedging report, in a form reasonably satisfactory to [[Organization B:Organization]]. [[Organization C:Organization]] shall # review the hedging policies periodically to confirm that they are being complied with in all material respects and are adequate to meet [[Organization C:Organization]]’s business objectives and # in the event [[Organization C:Organization]] makes any material amendment or modification to the hedging policies, [[Organization C:Organization]] shall within ten (10) days of such material amendment or modification, deliver to [[Organization B:Organization]] a complete copy of the amended or modified hedging policies. Additionally, [[Organization B:Organization]] may in its reasonable discretion request a current copy of [[Organization C:Organization]]’s hedging policies at any time.

We have discussed, and you recognize and acknowledge the competitive and proprietary aspects of the business of the Company.

Acknowledgements Regarding

Acknowledgements. The Company and Participant agree that the Option is granted under and governed by the Notice, the Plan and this Agreement, which incorporates the Plan and the Notice by reference. Participants acknowledges having received copies of and carefully read the Plan, the Plan prospectus, the Notice and this Agreement, and confirms Participant fully understands all provisions of such documents. Participant has had an opportunity to obtain the advice of counsel prior to executing the Notice, and hereby accepts the Option subject to all of the terms and conditions set forth in the Notice, this Agreement and the Plan.

Acknowledgements. The Grantee acknowledges that the Grantee # has received a copy of the Plan, # has had an opportunity to review the terms of this Agreement and the Plan, # understands the terms and conditions of this Agreement and the Plan and # agrees to such terms and conditions.

Acknowledgements. The Employee acknowledges and agrees that he has and will have a prominent role in the development of the goodwill of the Company and its affiliates, and has and will establish and develop relations and contacts with the principal business relationships of the Company and its affiliates in the State of Alabama and beyond, all of which constitute valuable goodwill of, and could be used by the Employee to compete unfairly with, the Company and its affiliates and that # in the course of the Employee’s employment, the Employee will obtain confidential and proprietary information and trade secrets concerning the business and operations of the Company and its affiliates that could be used to compete unfairly with the Company and its affiliates; # the covenants and restrictions contained in this Section 4 are intended to protect the legitimate interests of the Company and its affiliates and their respective goodwill, trade secrets and other confidential and proprietary information; # the Employee desires to be bound by such covenants and restrictions; and # the Employee agrees that the covenants in this Section 4 are reasonable with respect to their duration, geographical area and scope.

I am not waiving any rights or claims under the Age Discrimination in Employment Act of 1967, as amended, that may arise after this Release is signed by me, or any rights or claims to test the knowing and voluntary nature of this Release under the Older Workers’ Benefit Protection Act, as amended;