Formation Documents; Borrower Basic Documents. Without the prior written consent of the Administrative Agent (acting at the direction of the Required Lenders), the Borrower will not # amend, modify, waive or terminate any provision of its Formation Documents or any other Borrower Basic Document or # permit the Member to amend, modify or terminate its Certificate of Formation or its limited liability company agreement. The Servicer shall provide a copy of each such proposed amendment, waiver or other modification to each Rating Agency, if any.

Basic Lease Information-Extended Term. The Basic Lease Information which applies to the Premises through the Revised Existing Lease Expiration Date is attached as [Exhibit A] to this Sixth Amendment. This Basic Lease Information document shall serve as the operative summary of the principal terms of the Lease, as amended by this Sixth Amendment, which shall apply starting on the Sixth Amendment Effective Date through the Revised Existing Lease Expiration Date. “Landlord’s Early Termination Option” and any relocation right under the Existing Lease shall be of no further force and effect.

“Servicer Basic Documents” means all Basic Documents to which the Servicer is a party or by which it is bound.

Current Premises Minimum Rent. For the avoidance of doubt, nothing in this Third Addendum shall be construed to amend or modify ​'s Minimum Rent obligations set forth in [Article 3] of the Lease for the current Premises comprising approximately 50.148 rentable square feet as set forth in the table below:

Determination of Option Rent. In the event Tenant timely and appropriately exercises an option to extend the Lease Term, Landlord shall notify Tenant of Landlord's determination of the Option Rent within thirty (30) days thereafter. If Tenant, on or before the date which is ten (10) business days following the date upon which Tenant receives Landlord's determination of the Option Rent, in good faith objects to Landlord's determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten (10) business days following Tenant's objection to the Option Rent (the "Outside Agreement Date XE "Outside Agreement Date" "), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) days thereafter, in which event Tenant's right to extend the Lease pursuant to this [Section 2.2] shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall make a separate determination of the Option Rent, as the case may be, within ten (10) days after the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with [Sections 2.2.3.1 through 2.2.3.7], below. If Tenant fails to accept Landlord's determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to Landlord's determination of Option Rent.

Direct Expenses; Additional Rent. In addition to paying the Base Rent specified in [Article 3] of this Lease, Tenant shall pay " XE "Tenant's Share" Tenant's Share" of the annual "Direct Expenses XE "Direct Expenses" ," as those terms are defined in [Sections 4.2.6 and 4.2.22]2]] of this Lease, respectively. Such payments by Tenant, together with any and all other amounts payable by Tenant to Landlord pursuant to the terms of this Lease,

Late Payment of Rent. If any installment of Rent, Additional Rent, Subtenant TI Cost Reimbursement, or any other sum due from Subtenant hereunder shall not be received by Sublandlord within five (5) days after such amount shall be due, then, without any requirement for notice to Subtenant, Subtenant shall pay to Sublandlord a late charge equal to five percent (5%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Sublandlord will incur by reason of late payment by Subtenant.

Rent Payment Before Resolution. Until the matter is resolved by agreement between the parties or a decision is rendered in any arbitration commenced pursuant to this Paragraph 3.3, Tenant’s monthly payments of Base Rent shall be in an amount equal to the average of Landlord’s Determination and Tenant’s Determination. Within ten (10) Business Days following the resolution of such dispute by the parties or the decision of the arbitrators, as applicable, Tenant shall pay to Landlord, or Landlord shall pay to Tenant, the amount of any deficiency or excess, as the case may be, in the Base Rent previously paid.

Reduction Following Rent Payments. Notwithstanding any provision of this Lease to the contrary, the Letter of Credit Amount shall be reduced in accordance with the following schedule, provided that Tenant delivers to Landlord a replacement or amended Letter of Credit satisfying each and all of the requirements set forth in this Paragraph 20 and provided, however, that in no event shall any such reduction be permitted hereunder if a monetary Event of Default shall have occurred during the twelve (12) month period preceding any LC Reduction Date (the “Performance LC Reduction Condition”):

The difference between [(a) and (b)])] below where # is the Member’s Basic Retirement Contributions and Additional Basic Retirement Contributions that would have been made under the Base Plan for the applicable period on behalf of such Member, in each case determined # without regard to the provision in [Section 4.1(d)] of the Base Plan that excludes EICP ABRC Members from eligibility for Additional Basic Retirement Contributions thereunder and # as if the Eligible Earnings used in calculating such contributions were not limited by Code section 40l(a)(17); and # is the Basic Retirement Contributions and Additional Basic Retirement Contributions actually made under the Base Plan for such period; and