#Sections 7.12 and 7.14 or any Loan Document need not be satisfied with respect to any Excluded Assets. In addition, the Collateral and Guarantee requirement and the provisions of the Loan Documents shall not require any account control agreements, lockbox arrangements or the taking of any other actions to perfect by control any security interest in any deposit accounts, securities accounts or commodities accounts.

for any period during which there are any Excluded Entities, simultaneously with the delivery of each set of consolidated financial statements referred to in [Sections 5.01(a) and 5.01(b)] above, reasonable supplemental financial information reflecting adjustments necessary to eliminate the accounts of the Excluded Entities (if any) from such consolidated financial statements (which may be in footnote form);

Customer Actions excluded from Scope. The Parties acknowledge that the tasks enumerated below in this [Article 4.0] fall outside the scope of the Work under this Contract and therefore are not required to be performed by the Contractor but shall be performed or arranged for by the Customer at its sole discretion:

“Excluded Accounts” means deposit or securities accounts # established (or otherwise maintained) (including deposit accounts that are that are zero balance accounts) by the Loan Parties that do not have cash balances at any time exceeding $5,000,000 in the aggregate for all such accounts, # solely containing cash allocated as proceeds of the sale of Term Priority Collateral (as such term is defined in the Intercreditor Agreement), # payroll, trust and tax withholding accounts, # used by the Loan Parties exclusively for disbursements and payments in the ordinary course of business, or # that are located outside of the United States.

Employee agrees that all those records and accounts maintained during the course of employment are the property of Employer.

Plan Year Accounts. The Committee shall establish and maintain a separate Plan Year Account for each Participant each Plan Year.

Performance Cycle Accounts. Notwithstanding anything herein to the contrary, this [Section 4.1(e)] shall only apply if and to the extent the Company permits the deferral of Performance Share Awards. A Performance Cycle Account shall be established for each Performance Cycle (if any) for which the Participant has an associated Performance Share Award. Such Performance Cycle Account shall be credited with the number of shares of Company Stock to which such deferral election applies no later than the close of the month in which shares of Company Stock would have been delivered to the Participant but for such deferral. Effective as of January 1, 2019, a Performance Cycle Account shall be included in the Plan Year Account for the Plan Year in which the respective Performance Cycle begins, pursuant to [Section 4.1(a)], above.

Charges to Accounts. When a Valuation Date occurs, any distributions made to or on behalf of any Participant or Beneficiary since the last preceding Valuation Date shall be charged to the proper Accounts maintained for that Participant or Beneficiary.

Vesting in Accounts. A Participant’s vested interest in his or her Account shall be based on his or her Vesting Years in accordance with the following table, subject to the balance of this Section 9:

Pre-2022 Accounts. Distributions of a Participant’s Pre-2022 Accounts shall be made within 60 days following the Participant’s Separation from Service for any reason, including death or Disability.