Captions. The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

Captions. Section captions used in this Second Amendment are for convenience only, and shall not affect the construction of this Second Amendment.

Captions. The caption headings of the sections of this Warrant Agreement are for convenience of reference only and are not intended, nor should they be construed as, a part of this Warrant Agreement and shall be given no substantive effect.

Captions. The captions of the sections of the Plan are for convenience only and shall not control or affect the meaning or construction of any of its provisions.

Captions. All Article, Section and paragraph captions herein are for convenience of reference only, do not constitute part of this Agreement and shall not be deemed to limit or otherwise affect any of the provisions hereof.

Captions. The captions of this Plan are not part of the provisions of the Plan and shall have no force and effect.

References. Any references to Subsidiaries of ​ set forth herein with respect to representations and warranties which deal with historical matters shall be deemed to include ​ and its Subsidiaries and shall not in any way be construed as consent by the Administrative Agent or any Lender to the establishment, maintenance or acquisition of any Subsidiary, except as may otherwise be permitted hereunder.

References. All references in the Loan Agreement to “this Agreement” shall be deemed to refer to the Loan Agreement as amended hereby; and any and all references in the Loan Documents to the Loan Agreement shall be deemed to refer to the Loan Agreement as amended hereby.

References. Unless otherwise specified, # references in this Agreement to any Article, Section, Exhibit or Schedule shall mean references to such Article, Section, Exhibit or Schedule of this Agreement, # references in any Section to any clause are references to such clause of such Section and # references to any agreement, instrument or other document in this Agreement refer to such agreement, instrument or other document as originally executed or, if subsequently amended, replaced or supplemented from time to time, as so amended, replaced or supplemented and in effect at the relevant time of reference thereto.

References. Smathers agrees to refer all inquiries from prospective employers to ​’s Vice President, Human Resources.