Amendments. This Agreement may be amended or modified only with the written consent of Executive and an authorized representative of the Company. No oral waiver, amendment or modification will be effective under any circumstances whatsoever.

#Section 1 of the Employment Agreement is hereby amended by deleting the existing Section 1(a) in its entirety and replacing it with the following:

Amendments. Modifications and/or amendments of this Agreement must be in writing and signed by the Parties.

Amendments. No amendment, modification or waiver in respect of this Amendment Agreement will be effective unless in writing (including a writing evidenced by a facsimile transmission) and executed by each of the parties hereto.

Amendments. The Company and Roth may from time to time supplement or amend this Purchase Warrant without the approval of any of the Holders in order to cure any ambiguity, to correct or supplement any provision contained herein that may be defective or inconsistent with any other provisions herein, or to make any other provisions in regard to matters or questions arising hereunder that the Company and Roth may deem necessary or desirable and that the Company and Roth deem shall not adversely affect the interest of the Holders. All other modifications or amendments shall require the written consent of and be signed by the party against whom enforcement of the modification or amendment is sought.

The Plan and these Standard Terms and Conditions may be amended or altered by the Committee or the Company’s Board of Directors to the extent provided in the Plan.

Amendments. The Committee may at any time alter or amend this Award to the extent # permitted by law, # permitted by the rules of any stock exchange on which the Common Stock or any other security of the Corporation is listed, and # permitted under applicable provisions of the U.S. Securities Act of 1933, as amended, the U.S. Securities Exchange Act of 1934, as amended (including rule 16b-3 thereof).

Amendments. No provision of this Agreement may be amended, modified, or waived, except in a writing signed by the Investor, the Company and, in accordance with Section 9, the Observer.

Waiver. The Loan Parties hereby acknowledge, represent and warrant that, as of the date hereof, # immediately prior to the effectiveness of this Amendment, the Specified Events of Default and Ancillary Events of Default have occurred, have not been waived and remain outstanding under the Credit Agreement, and # immediately after giving effect to this Amendment, no other Default or Event of Default has occurred and is continuing. Effective upon the satisfaction of the conditions set forth in Section 4 hereof, the Lenders and Administrative Agent waive the Specified Events of Default and Ancillary Events of Default. The waiver set forth herein is only effective as to the matters referenced herein. The waiver will not be deemed a waiver or consent to the breach by any Loan Party of other covenants or agreements contained in the Credit Agreement or the other Loan Documents with respect to any other transaction or matter. Each Loan Party agrees that the waiver set forth herein is limited to the precise meaning of the words as written herein and will not be deemed to # be a consent to, or any waiver or modification of, any other term or condition of the Credit Agreement or any other Loan Document, or # prejudice any other right or remedy that the Lenders or Administrative Agent may now have or may in the future have

Waiver. Any waiver by any party of a condition to its obligation to perform this Agreement and the subsequent Closing hereunder shall be in writing and shall be without prejudice to the rights or remedies it may have arising out of any subsequent or different breach of the same or any other any representation, warranty, covenant or other agreement hereunder.