Discretionary Credits. A Participant will be vested in any Discretionary Credits (and related Earnings Credits) as provided by the Plan Administrator when such amounts are credited to the Participant’s Account.

Matching Credits. Participants who make Elective Deferrals pursuant to Section 4.3 also may receive an employer Matching Credit. Matching Credits for Elective Deferrals shall equal a percentage of the Elective Deferrals credited to the Account of the Participant. Such percentage, if any, shall be established by the Committee in writing in its sole discretion before the first day of the Plan Year for which the Elective Deferral is made.

Returns and Credits. In the event that a Product for which the Sales Team received credit as Commissionable Revenue is returned or the Company credited the customer’s account as though the Product was returned, the corresponding amount of Commissionable Revenue related to the returned or credited Product shall be subtracted from the Commissionable Revenue otherwise credited to the Sales Team. The amount of Commissionable Revenue will be subtracted in the period the product return or Product credit is processed and will be subtracted from Commissionable Revenue in the same manner as credit was attributed for the sale.

ANNUAL COMPANY CREDITS. Effective for purposes of clarifying the making of Company credits, [Section 4.5(b)] of the Plan Statement shall be amended to read in full as follows:

Profit Sharing Credits. The Board may, in its sole discretion, cause the Account of an Eligible Employee to be credited with Profit Sharing Credits for a Plan Year. Such Profit Sharing Credits shall not exceed the amount necessary to make up for the lost share, if any, of profit sharing or other non-elective contributions under [Section 3.4] or [Section 3.7] of the 401(k)-ESOP Plan attributable to the Eligible Employee’s Base Salary and Performance Cash deferrals under this Plan and the annual compensation limit then in effect under Code section 401(a)(17). The Profit Sharing Credit, if any, shall be credited to the Participant’s Annual Account for the applicable Plan Year as soon as administratively practicable after the amount can determined for the applicable Plan Year.

An amount determined each Plan Year by the Employer.

Credits to Accounts. An amount equal to the amount of Base Salary, Cash Bonus, and Long-Term Incentive Awards deferred pursuant to a Participant’s Deferral Election shall be credited to the Participant’s Deferral Account as of the date such Compensation would otherwise have been paid to the Participant. A Participant’s Supplemental Matching Contribution for a Plan Year shall be credited to the Participant’s Matching Account as of the date such amounts would have been allocated as the Company Matching Contributions to the accounts of the Participant in the 401(k) Plan but for application of the applicable Code limits. Each amount so credited to an Account shall also be allocated to the appropriate Subaccount or Subaccounts within such Account.

Costs. The Company and Advisor shall each pay one-half of the costs and expenses of such arbitration, and each shall separately pay its counsel fees and expenses unless otherwise required by law.

Costs. Borrowers agree to pay to the Bank on demand all reasonable, documented and out-of-pocket costs, fees and expenses (including without limitation reasonable attorneys' fees and legal expenses) incurred or accrued by the Bank in connection with the negotiation, preparation, execution, delivery, filing, recording and administration of this Agreement, the Security Instruments and the other Loan Documents, or any waiver, consent or modification thereto or thereof, or any enforcement thereof. Borrowers further agree that all such fees and expenses shall be paid regardless of whether or not the transactions provided for in this Agreement are eventually closed and regardless of whether or not any or all sums evidenced by the Revolver Note are advanced to Borrowers by Bank. Upon Borrowers' failure to pay all such costs and expenses within ten (10) days of the Bank's submission of invoices therefore, Bank shall pay such costs and expenses by debit to the general account of Borrowers without further notice to Borrowers.

Costs. The parties to this Agreement shall each bear their own costs, attorneys’ fees, and other fees incurred in connection with the preparation of this Agreement.