Amendment to [Schedule 4.2] [[Exhibit A]], The investment guidelines attached as [Schedule 4.2] to the Agreement are hereby replaced in their entirety with the investment guidelines attached hereto.

[Schedule 4.14] sets forth a true and complete list of all insurance maintained by the Borrower and its Subsidiaries as of the Closing Date. As of the Closing Date, such insurance is in full force and effect and all premiums have been duly paid to the extent due.

[Schedule 4.7(a)] of the Disclosure Schedules set forth a list and brief description of every lease or agreement (including in each the name of the lessee and lessor, the monthly rentals payable, the expiration dates thereof, the details of any options to renew and to purchase thereunder, the property covered thereby, and whether any action, consent or notice is required as a result of this Agreement) under which ​ is a lessee of, or primarily or secondarily liable under, or holds or operates, any personal property owned by a third party and used in the Business (the “Personal Property Leases”).

[Schedule 4.9(a)] of the Disclosure Schedules contains a list of each material benefit, retirement, employment, consulting, compensation, incentive, bonus, stock option, restricted stock, stock appreciation right, phantom equity, change in control, severance, vacation, paid time off, welfare and fringe-benefit agreement, plan, policy and program in effect and covering one or more Employees, former employees of the Business, current or former directors of the Business or the beneficiaries or dependents of any such Persons, and is maintained, sponsored, contributed to, or required to be contributed to by ​, or under which ​ has any material liability for premiums or benefits (as listed on [Schedule 4.9(a)] of the Disclosure Schedules, each, a “Benefit Plan”).

[Schedule 4.6(b)] sets forth a complete and accurate description, with respect to each of the actions, suits, or proceedings with asserted liabilities in excess of, or that could reasonably be expected to result in liabilities in excess of, ​ that, as of the Closing Date, is pending or, to the knowledge of Borrower, after due inquiry, threatened against Parent, any Loan Party or any of their respective Subsidiaries, of # the parties to such actions, suits, or proceedings, # the nature of the dispute that is the subject of such actions, suits, or proceedings, # the procedural status, as of the Closing Date, with respect to such actions, suits, or proceedings, and # whether any liability of the Loan Parties, Parent and their respective Subsidiaries in connection with such actions, suits, or proceedings is covered by insurance.

[Schedule 4.8(b)] sets forth a list of each Contract pursuant to which the Target Companies lease an item of Personal Property that involves annual payments in excess of ​ (whether capital, operating or otherwise, the “Personal Property Leases”). The Sellers and/or the Target Companies have made available to the Buyer prior to the date hereof, true, correct and complete copies of the Personal Property Leases.

[Schedule 4.4(a)] lists all of the ​’s material agreements (including documents conveying or creating and granting real property interests to the ​), with respect to ownership interests in, and rights to use, real property (including surface, sub-surface and mineral rights) relating to the operation of the Business as currently conducted (collectively, “Property Use Agreements,” and the ​’s rights thereunder, the “Real Property Interests”).

[Schedule 4.7(b)] lists all material Permits currently held by the ​. All applications required to have been filed for the renewal of all such Permits have been duly filed on a timely basis with the appropriate Governmental Entity, and all other filings required to have been made with respect to each such Permit have been duly made on a timely basis with the appropriate Governmental Entity. The ​ has not received written notice of any material violation of any Law applicable to the ​ or the Business.

[Schedule 4.10(c)] lists all Phase I and Phase II environmental site assessment reports prepared by or on behalf of Seller or ​ regarding the Facility that have been prepared within the last five (5) years preceding the date of this Agreement. Seller has made available in the Data Site for inspection by ​ copies of all Phase I and Phase II environmental assessments and copies of # all other material environmental assessment and audit reports and other material environmental studies in Seller’s or the ​’s reasonable possession or control relating to the real property of the ​ or pertaining to the Business and # all material Permits required under Environmental Laws for the operation of the Business as presently conducted;

[Schedule 4.22(b)] is a true and complete list of each Site Employee by job title as of ​ and, with respect to each, sets forth # date of hire, # current base salary or wage rate, # bonus or other incentive opportunity and latest bonus paid on an annual basis, # accrued but unused vacation accrual, and # status (active, or on short-term or long-term disability or other leave). There are no unfair labor practice complaints against the ​ pending before any Governmental Entity, or material labor grievances pending against the ​.