Section # Deletion of [Schedule 1.6(d)] of the Agreement. [Schedule 1.6(d)] of the Agreement is hereby deleted in its entirety.

“Person” means a “person” as such term is used in Sections 13(d) and 14(d)(2) of the Exchange Act.

each Lender will be required to make a payment under Clause 31.1 (Payments to the Agent) in respect of its participation in the new Facility D Loans only to the extent that its participation in the new Facility D Loans exceeds that Lender's participation in the maturing Facility D Loan and the remainder of that Lender's participation in the new Facility D Loans shall be treated as having been made available and applied by the Borrower in or towards repayment of that Lender's participation in the maturing Facility D Loan.

“Regulations A, D, U and X” means, respectively, Regulations A, D, U and X of the Federal Reserve Board (or any successor).

“Regulation D” means Regulation D of the Board from time to time in effect and all official rulings and interpretations thereunder or thereof.

[Section 3(d)] of the Employment Agreement is hereby amended by adding a new subsection # to the existing [Section 3(d)], as follows:

D Compliance Certificate

Party D: ​ (guarantor)

Kevin D. Hochman,

D Compliance Certificate