Incorporation of Recitals. The Parties acknowledge that all of the representations and Exhibits set forth in the Recitals of this Agreement are incorporated herein by reference and made a material part of this Agreement with the same force and effect as if fully set out. The Parties agree to waive any rule of contract construction or legal presumption that would prohibit any court of competent jurisdiction from construing or enforcing this Agreement based upon the contents of the Recitals above.

Incorporation of Recitals. The above recitals are incorporated herein by this reference as if they were set forth herein in their entirety.

Recitals. Seller and Purchaser do hereby mutually represent and warrant that the foregoing recitals are true and correct, and said recitals are hereby ratified, confirmed, and incorporated into the body of this Second Amendment.

Recitals. The recitals set forth above are true and correct and are incorporated herein by this reference.

Recitals. The reference to ​ in the paragraph located under the heading “Recitals” in the Purchase Agreement shall be replaced with ​.

Recitals. The above recitals are incorporated into and made part of this Agreement.

Recitals. The recitals of the Financing Agreement are hereby amended by amending and restating the first sentence therein in its entirety as follows:

Incorporation. The provisions of [[Sections 15-24]4]]4] of the Agreement are hereby incorporated herein.

Incorporation. This Amendment shall be and is hereby incorporated in and forms a part of the Plan.

Incorporation by Reference. The recitals, exhibits, schedules and documents referred to in this Agreement are incorporated herein for all purposes.