Amendment, Modification and Termination

Amendment. The Bank may, at any time, amend or modify the Plan in whole or in part, by action of its full Board of Directors; provided, however, that no amendment or modification shall be effective to decrease or restrict the rights of a Participant is his or her Deferral Account in existence at the time the amendment or modification is made, including the right to be paid Plan benefits accrued through the date of the amendment or modification in accordance with the Plan terms and the Participant’s distribution elections in effect at the time of the amendment or modification.

Loan Modification. By its execution of this Amendment, the Borrower hereby authorizes the Administrative Agent to consider this Amendment its application for loan modification on the terms and conditions set forth herein.

any modification or amendment of or supplement to this Agreement or any other Loan Document (other than any such modification, amendment or supplement that expressly modifies, amends or supplements this [Article XV]);

No Modification. Except as specifically set forth herein the Agreement remains in full force and effect without any changes or modifications.

No Modification. Except as expressly set forth in Sections 3 and 4 of this Agreement, nothing contained in this Agreement shall be deemed or construed to, and does not, amend, supplement or modify the Debentures or the other Transaction Documents or otherwise affect the rights, remedies and/or obligations of any party thereto, all of which remain in full force and effect.

Modification; Severability. This Agreement may not be modified or canceled in any manner except by a writing signed by both Parties hereto.

notwithstanding anything in paragraph # of this Section to the contrary, no consent with respect to any amendment, waiver or other modification of this Agreement or any other Loan Document shall be required of # any Defaulting Lender, except with respect to any amendment, waiver or other modification referred to in clause (i), (ii) or (iii) of paragraph # of this Section and then only in the event such Defaulting Lender shall be affected by such amendment, waiver or other modification, or # in the case of any amendment, waiver or other modification referred to in the first proviso of paragraph # of this Section, any Lender that receives payment in full of the principal of and interest accrued on each Loan made by, and all other amounts owing to, such Lender or accrued for the account of such Lender under this Agreement at the time such amendment, waiver or other modification becomes effective and whose Commitments terminate by the terms and upon the effectiveness of such amendment, waiver or other modification.

In the event that # the Borrower or the Administrative Agent has requested the Lenders to consent to a waiver of any provisions of the Loan Documents or to agree to any amendment or other modification thereto, # the waiver, amendment or modification in question requires the agreement of all affected Lenders in accordance with the terms of [Section 10.01] or all the Lenders with respect to a certain class of the Loans and # the Required Lenders have agreed to such waiver, amendment or modification, then any Lender who does not agree to such waiver, amendment or modification, in each 83894470_5

Section # Effect of Amendment. Any amendment, repeal or modification of any provision of this Article VI shall be prospective only, and shall not adversely affect any right or protection conferred on a person pursuant to this Article VII and existing at the time of such amendment, repeal or modification.