Notwithstanding anything to the contrary in any Transaction Document, the Guarantor shall not be deemed to guarantee, become jointly and severally obligated for or pledge assets in support of a “swap,” as defined in Section 1(a)(47) of the Commodity Exchange Act (“CEA”), of any Credit Party if at the time that swap is entered into, the Guarantor is not an “eligible contract participant” as defined in [Section 1(a)(18)] of the CEA.

Eligible Contract Participant. It is an “eligible contract participant”, as defined in the U.S. Commodity Exchange Act (as amended), and is entering into each Transaction hereunder as principal (and not as agent or in any other capacity, fiduciary or otherwise) and not for the benefit of any third party.

“Eligible Contract Participant” shall mean an “eligible contract participant” as defined in the CEA and regulations thereunder.

Eligibility Date is # a corporation, partnership, proprietorship, organization, trust, or other entity other than a “commodity pool” as defined in [Section 1a(10)] of the CEA and CFTC regulations thereunder that has total assets exceeding $10,000,000 or # an Eligible Contract Participant that can cause another person to qualify as an Eligible Contract Participant on the Eligibility Date under [Section 1a(18)(A)(v)(II)] of the CEA by entering into or otherwise providing a “letter of credit or keepwell, support, or other agreement” for purposes of [Section 1a(18)(A)(v)(II)] of the CEA.

"Qualified ECP Loan Party" shall mean each Borrower or Guarantor that on the Eligibility Date is # a corporation, partnership, proprietorship, organization, trust, or other entity other than a "commodity pool" as defined in [Section 1a(10)] of the CEA and CFTC regulations thereunder that has total assets exceeding $10,000,000 or # an Eligible Contract Participant that can cause another person to qualify as an Eligible Contract Participant on the Eligibility Date under [Section 1a(18)(A)(v)(II)] of the CEA by entering into or otherwise providing a "letter of credit or keepwell, support, or other agreement" for purposes of [Section 1a(18)(A)(v)(II)] of the CEA.

Participant. Any Employee of the Employer at Hay pay grade level 22 or higher, any Employee of the Employer in an equivalent position who is designated as a Participant by the Chief Executive Officer of the Company, and until the later of October 10, 2020 or the third anniversary of the date on which notice of the amendment of this Section of the Plan is provided to Participants, any other Employee who was a Participant prior to the October 10, 2017 restatement of the Plan; provided, however, that no individual who is a party to a separately executed change in control or similar agreement with the Company or any of its Affiliated Companies entered into prior to a Change in Control shall be a Participant so long as such agreement remains in force. Each individual who is a Participant immediately prior to a Change in Control shall remain a Participant at least until the second anniversary of the Change in Control. Notwithstanding the foregoing, individuals employed primarily outside of the United States are not eligible to be Participants.

Participant. Any Eligible Employee who has been designated by the Committee to participate in the Plan or any other individual who has an accrued benefit under the Plan which has not been fully distributed. The term “Participant” shall include a Limited 415 Participant except where expressly provided otherwise in the Plan.

Participant. The term “Participant” means an individual who has been granted an Award under this Plan.

Plan shall mean the "First Bancorp Senior Management Supplemental Executive Retirement Plan" as embodied in this instrument, any and all supporting documents, and all subsequent amendments and supplements thereto.

Participant. “Participant” shall have the meaning set forth in the LTIP.