Financial Covenants. Clauses [(b) and (c) of Section 8.12] of the Credit Agreement are hereby deleted in their entirety and the following are inserted in their stead:

Covenants Several. In the event that any covenant of this Agreement shall be determined invalid or unenforceable and the remaining provisions can be given effect, then such remaining provisions shall remain in full force and effect.

Specific Covenants. The Borrower or any Restricted Subsidiary fails to perform or observe any term, covenant or agreement contained in any of # [Section 6.03(a), 6.05(a)])] (solely with respect to the Borrower), 6.08(a), 6.16(b) or [Article VII]; provided that # an Event of Default as a result of a breach of [Section 7.10(a)] is subject to cure pursuant to [Section 8.05(a) and (b), (ii)])])] an Event of Default as a result of a breach of [Section 7.10(c)] for failure to comply with [clause (y)] of the definition of Financing Source Diversification Requirements is subject to cure pursuant to [Section 8.05(c), (iii)])] an Event of Default as a result of a breach of [Section 7.10(c)] for failure to comply with clauses (A), (B), or (C) in the proviso to the definition of Financing Source Diversification Requirements is subject to cure pursuant to [Section 8.05(c)]; and # an Event of Default as a result of a breach of [Section 7.10(b)] is subject to cure pursuant to [Section 8.05(d) or (y)])] [Section 6.19] and such failure continues for five (5) Business Days; or

Restrictive Covenants. The restrictive covenants contained in [Section 5.1] of the Employment Agreement are incorporated herein by reference and shall continue in full force and effect in accordance with their terms. The Non-Solicitation, Non-Disclosure and Inventions Assignment Agreement (the “NDA”), described in [Section 5.2] of the Employment Agreement, shall also remain in full force and effect in accordance with its terms.

Protective Covenants. Executive agrees that the covenants below # are reasonable and necessary for the protection of legitimate business interests of Company, including its Proprietary Information, # are not against the public interest, and # do not place an unreasonable burden upon Executive’s ability to earn a living.

RESTRICTIVE COVENANTS. Each of the covenants contained in Sections 10(b)-(c) of this Plan are collectively referred to as the “Restrictive Covenants.”

Restrictive Covenants. Each of the covenants contained in Paragraphs 2(a)-(c) of this Annex A are collectively referred to as the “Restrictive Covenants.”

Executive acknowledges and agrees that the post-termination obligations set forth in the Restrictive Covenant Agreement, including without limitation Executive’s obligations relating to confidentiality, non-use and non-disclosure of Proprietary Information (as defined in the Restrictive Covenant Agreement), cooperation, and return of property, are hereby incorporated by reference and shall remain in full force and effect pursuant to their terms to the maximum extent permitted by applicable law. Executive represents and warrants that Executive has complied with all provisions of the Restrictive Covenant Agreement at all times through the Effective Date (as defined below). However, nothing in this Agreement prevents Executive from engaging in communications protected by the National Labor Relations Act or discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that Executive has reason to believe is unlawful.

General Covenants. ​ # shall observe and perform the obligations imposed upon the lessor under the Leases in a commercially reasonable manner; # shall enforce the terms, covenants and conditions contained in the Leases upon the part of the

Additional Covenants. The Servicer will # immediately notify the Borrower, the Backup Servicer, the Administrative Agent, each Agent, each Lender and the Securities Intermediary of the existence of any Lien on any portion of the Collateral (other than the Lien of the Administrative Agent and Permitted Liens) if the Servicer has actual knowledge thereof, # defend the right, title and interest of such entities in, to and under the Collateral against all claims of third parties claiming through or under the Servicer, # transfer to the Securities Intermediary for deposit into the Collection Account, all payments received by the Servicer with respect to the Collateral in accordance with this Agreement other than during a Dominion Period or a Report Failure Period, # comply with the terms and conditions of this Agreement relating to the obligation of the Borrower to remove Receivables from the Collateral pursuant to this Agreement and the obligation of ​ to reacquire Receivables from the Borrower pursuant to the Second Tier Purchase Agreement, # promptly notify the Borrower, the Administrative Agent, each Agent, each Lender, the Backup Servicer and