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

Specific Covenants. Any Loan Party fails to perform or observe any term, covenant or agreement contained in any of # [Section 7.01 or 7.03(a)], if such failure continues for three Business Days or # Section 7.05, 7.11, 7.177], or Article VIII; provided that, any Event of Default under [Section 8.10] shall not constitute an Event of Default with respect to any Term Loan Facility until the earlier of # the date that is 30 days after the date such Event of Default arises with respect to the Revolving Credit Facility and # the date on which the Administrative Agent or the Revolving Credit ​ exercise any remedies with respect to the Revolving Credit Facility in accordance with Section 9.02; provided, further, that any Event of Default under [Section 8.10] may be waived, amended or otherwise modified from time to time pursuant to [clause (i) of Section 11.01]; or

Affirmative Covenants. Between the date of this Agreement and the Closing Date, the Parties, each consistent with terms of the LP Agreement and the LLC Agreement, and except as may be mutually agreed, will cause the LP and the LLC to:

Independent Covenants. This Lease shall be construed as though the covenants herein between ​ and ​ are independent and not dependent and ​ hereby expressly waives the benefit of any statute to the contrary and agrees that if ​ fails to perform its obligations set forth herein, ​ shall not be entitled to make any repairs or perform any acts hereunder at ​’s expense or to any setoff of the Rent or other amounts owing hereunder against ​.

Negative Covenants. The following sections in the Loan Agreement shall be amended as follows:

Specific Covenants. Any Loan Party fails to perform or observe any term, covenant or agreement contained in any of Section 6.01, 6.02, 6.03, 6.05, 6.08, 6.10, 6.11, 6.12, 6.15, Article VII or Article X; or

Protective Covenants. In consideration of the Award granted under this Agreement, the Grantee covenants and agrees as follows (the “Protective Covenants”):

AFFIRMATIVE COVENANTS. So long as any Lender shall have any Commitment hereunder, any Loan or other Obligation hereunder shall remain unpaid or unsatisfied, or any Letter of Credit shall remain outstanding, each Loan Party shall, and shall (except in the case of the covenants set forth in [Sections 6.01, 6.02, 6.03 and 6.11]) cause each Consolidated Entity to:

Specific Covenants. The [[Consolidated Parties:Organization]] or the [[Consolidated Parties:Organization]] (or, if applicable, any [[Consolidated Parties:Organization]] Party) fails to perform or observe any term, covenant or agreement contained in any of [Section 6.01, 6.02, 6.03, 6.05, 6.10, 6.11 or 6.12]2]2] or Article VII; or

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: