C-PACE Loan. The C-PACE Loan shall have been funded to Wilmington Trust, as bond trustee.

a default by ​ under the C-PACE Loan that continues beyond the date on which the ​ pursuant to the C-PACE Loan has the right to exercise any remedies (beyond the expiration of all notice and cure periods) or has otherwise initiated any enforcement proceedings thereunder; or

“Taxes” shall mean all real estate and personal property taxes, assessments (including, without limitation, any regular assessments made for repayment of the C-PACE Loan, but not the balloon principal amount of such C-PACE Loan), water rates or sewer rents, now or hereafter levied or assessed or imposed against the Property or part thereof.

“C-PACE Loan” shall mean that certain loan in the approximate amount of ​ made by Florida Pace Funding Agency on the date hereof to ​, which loan will finance certain capital improvements to enhance the energy efficiency of the Property, and which will be secured by a lien on the Property.

Term Loan C Agreement. An “Event of Default” as defined in the Term Loan C Agreement shall occur and be continuing.

creditors, provided such indebtedness is # unsecured, # not evidenced by a note, # on commercially reasonable terms and conditions, and # due not more than sixty (60) days past the date incurred and paid on or prior to such date, # Permitted Equipment Leases; provided however, the aggregate amount of the indebtedness described in [(B) and (C)])] shall not exceed at any time two percent (2%) of the Outstanding Principal Balance; and/or # the C-PACE Loan. No Indebtedness other than the Debt and the C-PACE Loan may be secured (subordinate or pari passu) by the Property;

“Permitted Encumbrances” shall mean collectively # the Liens and security interests created by the Loan Documents, # all Liens, encumbrances and other matters disclosed in the Title Insurance Policy, # Liens, if any, for Taxes imposed by any Governmental Authority not yet due or payable or which are being contested in accordance with [Section 4.1.2(b)] (other than liens securing a PACE Loan), # the Liens and security interest securing the C-PACE Loan, # liens related to Permitted Equipment Leases and # such other Liens as ​ may hereafter approve in writing in ​’s sole discretion.

“PACE Loan” shall mean any Property-Assessed Clean Energy loan or any similar financing.

[[Section C.1-2]2]]2] Eligibility of [Schedule C.1] Retirement Contributions – Certain Participating Affiliates shall be amended effective as of ​, to read as follows:

Gary C. Evans, in the capacity of the representative of the Sellers (“Sellers’ Representative”) in accordance with this Agreement.