Anything in [[Sections 2.07 or 2.08]8]]8] to the contrary notwithstanding, and without prejudice to [[Sections 2.08(b) or 7.01(a)])]])], if any Borrower shall fail to pay any principal or interest denominated in an Alternate Currency within one Business Day after the due date therefor in the case of principal and three Business Days after the due date therefor in the case of interest (without giving effect to any acceleration of maturity under [Article VII]), the amount so in default shall automatically be redenominated in Dollars on the day one Business Day after the due date therefor in the case of a principal payment and three Business Days after the due date therefor in the case of an interest payment in an amount equal to the Dollar Equivalent of such principal or interest.

[Sections 2.1(f)] “Committee” and 2.1(u) “MRCC” are deleted in their entirety and references to the terms “Committee” and “MRCC” shall be replaced with the term “Plan Administrator.”

[[Sections 2.07(d) and (e)])]])] are amended and restated in their entirety to read as follows:

[[Sections 2.09(c) and (d)])]])] of the Credit Agreement are amended and restated in their entirety to read as follows:

[[Sections 2.05(c), 2.16(a)(ii) and 8.02(c)])])]])])] set forth certain additional requirements to deliver or apply Cash Collateral hereunder. For purposes of this [Section 2.03], [Section 2.05(c)], [Section 2.16] and [Section 8.02(c)], “Cash Collateralize” means to pledge and deposit with or deliver to the Administrative Agent, for the benefit of the L/C Issuer and the Lenders, as collateral for the L/C Obligations, cash or deposit account balances pursuant to documentation in form and substance satisfactory to the Administrative Agent and the L/C Issuer (which documents are hereby consented to by the Lenders). Derivatives of such term have corresponding meanings. The Company hereby grants to the Administrative Agent, for the benefit of the L/C Issuer and the Lenders, a security interest in all such cash, deposit accounts and all balances therein and all proceeds of the foregoing. Cash Collateral shall be maintained in blocked, non-interest bearing deposit accounts at JPMorgan.

[[Sections 2.2(a) and 2.2(d)])]])] of the Business Financing Agreement are hereby amended to read as follows:

Anything in this [Section 2.3(e)] to the contrary notwithstanding, if a Lender is a Defaulting Lender, Agent shall be entitled to refrain from remitting settlement amounts to the Defaulting Lender and, instead, shall be entitled to elect to implement the provisions set forth in [Section 2.3(g)].

[Sections 15.12] (Submission to Jurisdiction) and 15.13 (Waiver of Jury Trial) of the Participation Agreement are hereby incorporated herein as if set forth herein.

[[Sections 4.12(a) and (b)])]])] of the Agreement are hereby amended in their entirety

[[Sections 1.1 and 2.1]1]]1] of the Employment Agreement are amended to provide that, effective as of ​, the Employee shall no longer serve as President and Chief Executive Officer of the Company and Cosi Agency, Inc.