Investment of Fund . This Plan is a stock bonus and employee stock ownership plan. This Plan is designed to invest primarily in Employer Securities. To the extent that Employer Securities are available and subject to Section 4.4, the Trustee shall generally invest the Fund entirely in Employer Securities; provided, however, that the Trustee is specifically authorized to hold cash or cash equivalents sufficient to meet anticipated cash distributions to Participants and Beneficiaries.

Welfare Benefit Fund. Welfare benefit fund means a fund as defined in [section 419(e)] of the Code which provides post‑retirement medical benefits allocated to separate accounts for key employees as defined in [section 419A(d)(3)].

Time of Approved Payment. In the event that either the Plan Administrator or the Appeals Committee determines that the claimant is entitled to the payment of all or a portion of the benefits claimed, such payment shall be made to the claimant within 30 days of the date of such determination or such later time as may be required to comply with Section 409A of the Code.

[[[Borrower:Organization]]] Credit Agreement #61304369

Compensation and Approved Expenses. Company will compensate Consultant in accordance with the terms set forth in the SOW. Consultant acknowledges and agrees that he shall not be entitled at any time to any additional compensation for the Services. Consultant shall be reimbursed for project specific expenses with the prior written approval of Company or as expressly provided in the SOW.

Approved Carrier/Policy Changes. All insurance shall be obtained from an insurance company rated by A.M. Best as ​ or better. Licensee shall give at least 30 days’ prior written notice to THL of the cancellation or any modification of such insurance policy that would affect THL’s status or benefits thereunder. This insurance may be obtained for THL by Licensee in conjunction with a policy which covers products other than the Licensed Products.

An Eligible Employee who is on an Approved Leave (as defined below) may, by written election, elect to suspend participation in the Plan, or, as applicable: # have payroll deductions in respect of the Plan continue; or # where payroll deductions are not possible because the Approved Leave is unpaid, make cash payments to the Company, in the time and manner prescribed by the Company, with such payments to be equal to the amount of payroll deduction in effect in respect of the Plan for the pay period immediately prior to the Approved Leave.

Permits; Approved Working Drawings. The Final Construction Drawings shall be approved by Landlord (the “Approved Working Drawings”) prior to the commencement of the construction of the Tenant Improvements. Tenant shall immediately submit the Approved Working Drawings to the appropriate municipal authorities for all applicable building and other permits necessary to allow “Contractor,” as that term is defined in Section 4.1, below, to commence and fully complete the construction of the Tenant Improvements (the “Permits”), and, in connection therewith, Tenant shall coordinate with Landlord in order to allow Landlord, at its option, to take part in all phases of the permitting process and shall supply Landlord, as soon as possible, with all plan check numbers and dates of submittal and obtain the Permits, provided that such coordination does not delay permit plan submittal. Notwithstanding anything to the contrary set forth in this [Section 3.4], Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any building permit or certificate of occupancy for the Expansion Space and that the obtaining of the same shall be Tenant’s responsibility; provided however that Landlord shall, in any event, cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No changes, modifications or alterations in the Approved Working Drawings may be made without the prior written consent of Landlord, which consent shall be granted or withheld in accordance with Landlord’s Consent Standard.

Approved Carrier/Policy Changes. All insurance shall be obtained from an insurance company rated “​” or better by A.M. Best or otherwise approved by CKI. The Licensee shall give at least ​ prior written notice to CKI of the cancellation or any modification of such insurance policy that would affect any of CKI’s, PVH’s, CKTT’s, or Mr. Calvin Klein’s status or benefits thereunder. This insurance may be obtained for CKI, PVH, CKTT, or Mr. Calvin Klein by the Licensee in conjunction with a policy which covers products other than the Licensed Products.

Agent and Lenders acknowledge that Borrower is seeking a revolving loan facility to be secured by a first lien security interest in Borrower’s Inventory and accounts receivable generated by product sales in the normal course of business; provided that # any such loan facility will be (i)(x) in a maximum principal amount of $2,500,000, # subject to an advance rate of no greater than # seventy- five percent (75.0%) in respect of such accounts receivable and # fifty percent (50.0%) in respect of Inventory, in each case unless otherwise agreed to in writing by Agent in its sole discretion, and # subject to an Intercreditor Agreement, # Agent shall have a second priority Lien and security interest in any accounts receivable and Inventory securing such revolving loan facility, and # the material terms and conditions of such revolving loan facility shall be acceptable to Agent in its commercially reasonable discretion (such revolving loan facility, together with any replacement revolving loan facility as approved by Agent that is subject to an Intercreditor Agreement, collectively an “Approved AR Loan Facility”). Agent and Borrower agree to work together in good faith, and at Borrower’s sole cost and expense, to negotiate and enter into such amendments to this Agreement and such other Loan Documents as may be necessary to permit such Debt owing under any Approved AR Loan Facility, to release and/or subordinate such Liens as may be necessary to effectuate any such Approved AR Loan Facility, and to enter into such third party documents as may be reasonably requested by Borrower and/or the revolving loan lender under any such Approved AR Loan Facility.