Approved Accounts and Monitoring. Merchant shall maintain an account (the “Direct Debit Account”) into which its Future Receivables will be deposited, and will not change or add bank accounts without the prior, written approval of Purchaser. All bank accounts that have been approved by Purchaser shall be “Approved Accounts.” Merchant agrees to complete all necessary forms to establish the Direct Debit Account and will ensure that all Future Receivables are deposited in, or otherwise

Stockholder Approved Performance Measures. Prior to the repeal of the exception relating to Performance-based Compensation under [Section 162(m)], Performance Measures for Performance-based Compensation were required to be based on any one or combination of the following: # earnings, including operating income, earnings before or after taxes, and earnings before or after interest, taxes, depreciation, and amortization; # book value per share; # pre-tax income, after-tax income, income from continuing operations, or after-tax operating income; # operating profit or improvements thereto; # earnings per common share (basic or diluted) or improvement thereto; # return on assets (net or gross); # return on capital; # return on invested capital; # sales, revenues or returns on sales or revenues or growth in sales, revenues or returns on sales or revenues; # share price appreciation; # total stockholder return; # cash flow, operating cash flow, free cash flow, cash flow return on investment (discounted or otherwise), improvements in cash on hand, reduction of debt, improvements in the capital structure of the Company including debt to capital ratios; # implementation or completion of critical projects or processes; # economic profit, economic value added or created; # cumulative earnings per share growth; # achievement of cost reduction goals; # return on stockholders’ equity; # total stockholders’ return improvement or relative performance as compared with other selected companies or as compared with Company, Subsidiary, division or business unit history; # reduction of days working capital, working capital or inventory; # operating margin or profit margin or growth thereof; # cost targets, reductions and savings, productivity and efficiencies; # strategic business criteria, consisting of one or more objectives based on meeting specified market penetration, geographic business expansion, customer satisfaction (including

“Approved Fund” means any Fund that is administered or managed by # a Lender,

an Approved Fund with respect to such ​ or # any Term Loan or Incremental Term Loan to a Person that is not a ​, an Affiliate of a ​ or an Approved Fund; and

​ [for each Assignee, indicate [Affiliate][Approved Fund] of [identify Lender] or [GS Approved Party], as applicable]

Stock Fund Account. Subject to the provisions of Sections 5 and 8.1, as of the last day of each Plan Year, the Trustee shall credit to each Participant’s Stock Fund Account: # the Participant’s allocable share of Stock purchased by the Trustee or contributed by the Employer to the Trust Fund for that year; # the Participant’s allocable share of the Stock that is released from the Unallocated Stock Fund for that year; # the Participant’s allocable share of any forfeitures of Stock arising under the Plan during that year; and # any stock dividends declared and paid during that year on Stock credited to the Participant’s Stock Fund Account.

The target incentive fund is the sum of the individual target incentive awards for all eligible Participants. Once the incentive targets have been determined by the Administrator, a target incentive fund shall be established and accrued ratably by KRC and each of its segments and/or subsidiaries, as applicable. The incentive fund and accruals may be adjusted during the year.

The target incentive fund is the sum of the individual target incentive awards for all eligible Participants.

Investment Fund Transfers. If a Participant makes an investment fund transfer pursuant to the provisions of the Qualified Plan, the identical investment fund transfer shall be performed

“Approved Fund”: as defined in [Section 10.6(b)].