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Payment of the amounts deferred under the Plan may be delayed as permitted under Section 409A, as if stated in the Plan, for example, if the making of a payment would jeopardize the ability of the Company to continue as a going concern, or the Company reasonably anticipates that the making of the payment will violate Federal securities or other applicable laws.

Payment

Other Event Permitted by [Section 409A]. If the Committee so determines, payment of the amounts deferred under the Plan may be delayed as permitted under SectionCode section 409A, as if stated in the Plan, for example, if the Company reasonably anticipates that making of a payment wouldwill violate a term of any Company loan agreement, jeopardize the ability of the Company to continue as a going concern,concern if paid as scheduled or the Company reasonably anticipates that the making of the payment willmay violate Federal securities orlaws (or other applicable laws.law).

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