“Major European Countries” means any of France, Italy, Germany, Spain and the United Kingdom.

This Part V shall apply to a Major Expansion for which there is # an Electing Producer or # an Exempt Producer that has elected not to be subject to [Section 6.09] pursuant to [Section 6.10]. Where this Part V applies, the results of any Engineering Audit applicable to the Major Expansion shall not be used to determine, as a result of such Major Expansion, the Productive Capacity Change, the Producer’s Aggregate Productive Capacity or the Individual Productive Capacity of the applicable Mine, but rather, such matters shall be determined in accordance with this Part V.

automatically be reduced by an additional 5% for all future Conversions. Finally, in addition to the Default Effect, if any Major Default occurs after the Effective Date, the Conversion Factor shall automatically be reduced for all future Conversions by an additional 5% for each of the first three (3) Major Defaults that occur after the Effective Date (for the avoidance of doubt, each occurrence of any Major Default shall be deemed to be a separate occurrence for purposes of the foregoing reductions in Conversion Factor, even if the same Major Default occurs three (3) separate times). For example, the first time Borrower is not DWAC Eligible, the Conversion Factor for future Conversions thereafter will be reduced from 70% to 65% for purposes of this example. Following such event, the first time the Conversion Shares are no longer DTC Eligible, the Conversion Factor for future Conversions thereafter will be reduced from 65% to 60% for purposes of this example. If, thereafter, there are three (3) separate occurrences of a Major Default pursuant to Section 4.1(c), then for purposes of this example the Conversion Factor would be reduced by 5% for the first such occurrence, and so on for each of the second and third occurrences of such Major Default.

402030 Capital Markets

“Arrangers” means BofA Securities, Inc., JPMorgan Chase Bank, N.A., Citigroup Global Markets Inc., SunTrust Robinson Humphrey, Inc., Wells Fargo Securities, LLC, Goldman Sachs Bank USA, Regions Capital Markets, a division of Regions Bank, Capital One, N.A. and PNC Capital Markets LLC, in their capacity as the joint lead arrangers and joint bookrunners for the credit facilities provided for herein.

Covenant not to Compete. During the Term and for a period of three (3) months thereafter (the “Restricted Period”), Executive shall not engage in competition with the Company and/or any of its Affiliates, either directly or indirectly, in any manner or capacity as adviser, principal, agent, affiliate, promoter, partner, officer, director, employee, stockholder, owner, co-owner, consultant, or member of any association or otherwise, in any phase of the business of retail Asian supermarkets (a “Competitive Entity”), except with the prior written consent of the Company.

Major acquisition is defined as a company or business with at least $1 million in gross revenues.

“Minor Default” means any Event of Default that is not a Major Default or a Fundamental Default.

Customer’s annual contract quantity to the annual contract quantities of all Major Tilbury Customers (including [[Organization B:Organization]]).

Event of Loss. No Event of Loss or Major Damage with respect to the Aircraft shall have occurred;