Decision making process

Making of Contributions. Once each month, or as otherwise determined by the Committee subject to the Employer’s consent, the Employer will pay over contributions to the Trustee to be held in trust and invested as herein provided and as set out more fully in the Trust Agreement. The Employer’s matching contributions, profit sharing contributions, and retirement contributions for each Plan Year, if any, shall not be made later than the due date for filing the Employer’s federal income tax return for the taxable year with or within which such Plan Year ends, including extensions thereof. The contributions to this Plan when taken together with all other contributions made by the Employer to other qualified retirement plans shall not exceed the maximum amount deductible under Code Section 404.

In the event that Swing Lender is not obligated to make a Swing Loan, then after receipt of a request for a Borrowing pursuant to [Section 2.3(a)(i)], Agent shall notify the Lenders by telecopy, telephone, email, or other electronic form of transmission, of the requested

Making the Advances. If the Lenders are required to make a Line Advance to the Company as provided in Section 2.03, then each Lender shall make such Line Advance on the proposed date thereof by wire transfer of immediately available funds to # the Collateral Agent for deposit to the Collection Account or # in the case of Line Advances denominated in any Permitted Non-USD Currency, the applicable Permitted Non-USD Currency Account). Each Lender at its option may make any Line Advance by causing any domestic or foreign branch or Affiliate of such Lender to make such Line Advance; provided that any exercise of such option shall not affect the obligation of the Company to repay such Line Advance in accordance with the terms of this Agreement. Subject to the terms and conditions set forth herein, the Company may borrow, prepay and reborrow Line Advances, except that prepayments made after the Reinvestment Period shall result in a reduction of Financing Commitments as provided in [Section 4.07(e)].

Automated decision-making takes place when an electronic system uses personal data to make a decision without human intervention.

Neuren will have the final decision-making authority;

Independent Credit Decision. Assignee acknowledges that it has received a copy of the Loan Agreement and the Schedules and Exhibits thereto, together with copies of the most recent financial statements of Parent and its Subsidiaries, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and Acceptance and agrees that it will, independently and without reliance upon Assignor, Administrative Agent or any Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Loan Agreement.

Lender Credit Decision. Each Lender acknowledges and agrees that the extensions of credit made hereunder are commercial loans and letters of credit and not investments in a business enterprise or securities. Each Lender further represents that it is engaged in making, acquiring or holding commercial loans in the ordinary course of its business and has, independently and without reliance upon the Arrangers, the Administrative Agent or any other Lender and based on the financial statements prepared by the Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement as a Lender, and to make, acquire or hold Loans hereunder. Each Lender also acknowledges that it will, independently and without reliance upon the Arrangers, the Administrative Agent or any other Lender and based on such documents and information (which may contain material, non-public information within the meaning of the United States securities laws concerning the Company and its Affiliates) as it shall from time to time deem appropriate, continue to make its own credit decisions in taking or not taking action under or based upon this Agreement, any related agreement or any document furnished hereunder or thereunder and in deciding whether or to the extent to which it will continue as a lender or assign or otherwise transfer its rights, interests and obligations hereunder.

Decision on Review. After receipt by the RPAC of a written application for review of his claim, the RPAC will review the claim taking into account all comments, documents, records and other information submitted by the claimant regarding the claim without regard to whether such information was considered in the initial benefit determination. The RPAC will notify the claimant of its decision by delivery or by certified or registered mail to his last known address. A decision on review of the claim will be made by the RPAC at its next meeting following receipt of the written request for review. If no meeting of the RPAC is scheduled within forty-five (45) days of receipt of the written request for review, then the RPAC will hold a special meeting to review such written request for review within such forty-five (45) day period. If special circumstances require an extension of the forty-five (45) day period, the RPAC will so notify the claimant and a decision will be rendered within ninety (90) days of receipt of the request for review. In any event, if a claim is not determined by the RPAC within ninety (90) days of receipt of written submission for review, it will be deemed to be denied.

Decision to Purchase. Each decision of [[Organization C:Organization]] whether to purchase any Participation Interest in any Mortgage Loan from [[Organization B:Organization]] hereunder shall be made by [[Organization C:Organization]] in its sole and absolute discretion. [[Organization C:Organization]] shall be under no obligation hereunder to purchase any Participation Interest in any Mortgage Loan nor shall [[Organization C:Organization]] have any obligation hereunder to purchase any minimum amount of Participation Interests in Mortgage Loans. In each instance where a Request is submitted to [[Organization C:Organization]], [[Organization C:Organization]] will make an independent decision whether to purchase a Participation Interest in any Mortgage Loan contemplated by the Request. [[Organization C:Organization]] may decline to purchase any Participation Interest in any Mortgage Loan for any reason or for no reason whatsoever and shall provide [[Organization B:Organization]] with notice of its decision not to purchase a Participation Interest within one Business Day of receipt of the Request from [[Organization B:Organization]]. The election of [[Organization C:Organization]] to purchase a Participation Interest in any Mortgage Loan shall be evidenced by the making of an Advance by [[Organization C:Organization]] for the payment of the Purchase Price related thereto. If [[Organization C:Organization]] elects to purchase a Participation Interest in an amount other than the Standard Percentage, it shall provide [[Organization B:Organization]] with notice of its decision within one Business Day of receipt of the Request from [[Organization B:Organization]].