[Section 1.01] (Defined Terms). [Section 1.01] of the Credit Agreement is hereby amended by the adding the following sentence at the end of the definition of “Swap Agreement” as follows:

[Section 1.01] (Defined Terms). [Section 1.01] of the Credit Agreement is hereby amended by amending and restating the definition of “Total Leverage Ratio” as follows:

[Section 1.02] is hereby amended by adding the following term in the appropriate alphabetical place:

[Section 1.02] is hereby further amended by amending and restating the following definitions in [Section 1.02] in their entirety to read as follows:

[Section 1.1] of the Original Credit Agreement is hereby amended by adding the following new defined terms in alphabetical order therein:

[Section 1.1] of the Original Credit Agreement is hereby amended by replacing clause (i) of the definition of “Permitted Investments” in its entirety with the following new clause (i):

[Schedule 1.01(E)] lists each Material Real Property owned by any Loan Party as of the Closing Date.

[Schedule 1.70] sets forth a complete and accurate list all Licensed Patents as of the Effective Date;

[Section 1.1] of the Existing Credit Agreement is hereby amended by deleting the definitions of “Base LIBOR Rate” and “LIBOR Rate” in their entirety.

[Annex 1]. [Annex 1] to the Loan Agreement is hereby deleted and replaced with [Annex 1] attached to this Fifth Amendment.