The sum of the aggregate balance of Revolving A Advances outstanding at any time in excess of the maximum amount of such Revolving A Advances permitted hereunder shall be immediately due and payable without the necessity of any demand, at the Payment Office, whether or not a Default or Event of Default has occurred. Without limiting the foregoing, if at any time following one or more fluctuations in the exchange rate of the Dollar against any other currency, any part of the Obligations exceeds any limit set forth herein, [[Organization A:Organization]] shall within three (3) Business Days of written notice of same from [[Organization B:Organization]] or, if an Event of Default has occurred and is continuing, immediately # make the necessary payments or repayments to reduce such Obligations to an amount necessary to eliminate such excess or # maintain or cause to be maintained with [[Organization B:Organization]] deposits in an amount equal to or greater than the amount of such excess, such deposits to be maintained in such form and upon such terms as are acceptable to [[Organization B:Organization]]; without in any way limiting the foregoing provisions, [[Organization B:Organization]] shall, weekly or more frequently in [[Organization B:Organization]]'s Permitted Discretion, make the necessary exchange rate calculations to determine whether any such excess exists on such date.

Upon (and only upon) receipt by [[Organization B:Organization]] for its account of immediately available funds from [[Organization A:Organization]] # in reimbursement of any payment made by [[Organization B:Organization]] under the Letter of Credit with respect to which any [[Organization C:Organization]] has made a Participation Advance to [[Organization B:Organization]], or # in payment of interest on such a payment made by [[Organization B:Organization]] under such a Letter of Credit, [[Organization B:Organization]] will pay to each [[Organization C:Organization]], in the same funds as those received by [[Organization B:Organization]], the amount of such [[Organization C:Organization]]'s Revolver A Commitment Percentage of such funds, except [[Organization B:Organization]] shall retain the amount of the Revolver A Commitment Percentage of such funds of any [[Organization C:Organization]] that did not make a Participation Advance in respect of such payment by [[Organization B:Organization]] (and, to the extent that any of the other [[Organization C:Organization]](s) have funded any portion of such Defaulting [[Organization C:Organization]]'s Participation Advance in accordance with the provisions of [Section 2.21], [[Organization B:Organization]] will pay over to such Non-Defaulting Lenders a pro rata portion of the funds so withheld from such Defaulting [[Organization C:Organization]]).

Advances, Investments and Loans. Borrower will not, and will not permit its Subsidiaries to, directly or indirectly, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any other Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash or Cash Equivalents (each of the foregoing an “Investment” and, collectively, “Investments”), except that the following shall be permitted:

Repayment of Swing Advances. If the reallocation described in subsection # above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, prepay Swing Advances in an amount equal to the Swingline Lenders’ Fronting Exposure. So long as any Lender is a Defaulting Lender, the Swingline Lender shall not be required to fund any Swing Advances unless it is satisfied that it will have no Fronting Exposure after giving effect to such Swing Advance.

The Company may pay to the Executive Director all Indemnifiable Expenses incurred by the Executive Director in connection with any Proceeding, including a Proceeding by or in the right of the Company, in advance of the final disposition of such Proceeding, if the Executive Director furnishes the Company with a written undertaking, to the satisfaction of the Company, to repay the amount of such Indemnifiable Expenses advanced to the Executive Director in the event it is finally determined by a court or arbitral body of competent jurisdiction that the Executive Director is not entitled under this Agreement to indemnification with respect to such Indemnifiable Expenses.

Requests for Advances Irrevocable. Each Request for Advance shall be irrevocable and binding on Borrower and Borrower shall indemnify Bank against any loss or expense any one of them may incur as a result of any failure to borrow any Advance after a Request for Advance (including any failure resulting from the failure to fulfill on or before the date specified for such Advance the applicable conditions set forth in Article III), including, without limitation, any loss (including loss of anticipated profits) or expense actually incurred by reason of the liquidation or reemployment of deposits or other funds acquired by Bank to fund such Advance when such Advance, as a result of such failure, is not made on such date.

Types of Ratable Advances. The Ratable Advances may be Floating Rate Advances or Eurocurrency Ratable Advances, or a combination thereof, selected by the Company in accordance with [Section 2.3.3].

Plaintiff Blackburn and EZ CLONE expressly agree and understand that the release granted by them pursuant to this Agreement applies to all unknown, unsuspected, and unanticipated claims, liabilities, and causes of action which they

Single Plan for All Employers. This Plan shall be treated as a single plan with respect to all participating Employers for the purpose of crediting contributions and forfeitures and distributing benefits, determining whether there has been any termination of Service, and applying the limitations set forth in Section 5.

Resignation of All Other Positions. To the extent applicable, the Executive shall be deemed to have resigned from all officer and board member positions that the Executive holds with the Company or any of its respective subsidiaries and affiliates upon the termination of the Executive’s employment for any reason. The Executive shall execute any documents in reasonable form as may be requested to confirm or effectuate any such resignations.