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 and Definitions. Each of the parties hereto acknowledges and agrees that the recitals set forth above in this Agreement are true and accurate, are contractual in nature, and are hereby incorporated into and made a part of this Agreement.

Recitals. The reference to $15,960,000 in the paragraph located under the heading “Recitals” in the Purchase Agreement shall be replaced with $18,372,132.

Recitals. The above recitals are true, correct, and are herein incorporated by reference.

The recitals above shall form an integral part of this Agreement.

“DGCL” shall have the meaning as provided in the recitals of this Certificate of Incorporation.

Definitions. The following terms (whether or not underscored) when used in this Amendment, including its preamble and recitals, shall have the following meanings (such definitions to be equally applicable to the singular and plural forms thereof):

Incorporation. The provisions of [Sections 15-24]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.