Amendment to Definition of Applicable Margin. The definition of Applicable Margin set forth in [Section 1.1] of the Loan Agreement is hereby amended and restated in its entirety to read as follows:

“Applicable Rate” means the Applicable Rate, Applicable Margin, Margin or any similar or analogous definition in the Agreement. If there is no such definition in the Agreement because the margin is a specified amount, the “Applicable Rate” shall be the amount specified as the margin in the Agreement.

“SOFR Margin” is defined in the definition of Applicable Margin.

“Base Rate Margin” has the meaning set forth in the definition of Applicable Margin.

“LIBOR Rate Margin” has the meaning set forth in the definition of Applicable Margin.

“L/C Fee Rate” is defined in the definition of Applicable Margin.

“Calculation Date” has the meaning assigned thereto in the definition of Applicable Margin.

Definition. As used herein, the term Rent includes Base Rent, Percentage Rent and all other monetary obligations of the Tenant under this Lease.

Definition. "Confidential Information" means any and all unpublished information owned or controlled by Company that relates to the technical, manufacturing, marketing, sales, or financial operations of Company, whether or not such information is specifically marked or identified by the Company as Confidential Information, and not generally disclosed by Company to the public. Confidential Information includes, without limitation: proprietary processes and designs; trade secrets; know-how, inventions (whether or not patentable); formulas; technical drawings and data; research subjects, methods and results; proprietary computer software; unpublished product specifications and characteristics; manufacturing processes; production techniques; plans for future products; business and marketing plans and strategies; product development plans; pricing policies; cost and profit information; customer lists; supplier identities; and the like, whether disclosed to ICV orally, in writing, or by inspections, or accumulated or developed by ICV in the course of Services performed for Company.

Definition. “Confidential Information” means confidential or proprietary information, data or know-how, whether provided in written, oral, visual or other form, provided by one Party (the “Disclosing Party”) to the other Party (the “Receiving Party”) in connection with this Agreement, including, but not limited to, the terms of this Agreement and information relating to the Disclosing Party’s existing or proposed research, development efforts, patent applications, business or products, including without limitation pricing information, vendor and customer information, plans, proprietary technical information, processes, formulae, data, inventions, methods, knowledge, discoveries, know-how, trade secrets, and the like. Confidential Information shall not include any such information that: # is already known to the Receiving Party or its Affiliates (other than under an obligation of confidentiality) at the time of disclosure (as evidenced by written records of the Receiving Party); # is or becomes generally available to the public other than through any act or omission of the Receiving Party or its Affiliates; # is disclosed to the Receiving Party or its Affiliates by a Third Party who had no separate nondisclosure obligation in respect of such information; or # is independently discovered or developed by or on behalf of the Receiving Party or its Affiliates without the use of the Confidential Information of the Disclosing Party (as evidenced by written records of the Receiving Party). The terms of this Agreement shall be deemed Confidential Information of each Party.