“Permitted Holders” shall mean any of the Hsieh Investors and the Parthenon Investors.

“Stockholders” means the Investors and any persons or entities to whom the rights granted to the Investors under this Agreement are transferred by the Investors or their successors or permitted assigns pursuant to Section 5.2.

“Parthenon Investors” shall mean each of Parthenon Investors III, L.P., PCap Associates, Parthenon Capital Partners Fund, L.P., Parthenon Investors IV, L.P., Parthenon Capital Partners Fund II, L.P. and PCP Managers, L.P. each of their respective affiliates.

“Aggregate Investor Concentration Limit” means, with respect to the Borrowing Base Investors, the concentration limits set forth below, calculated for each Investor classification as a percentage of the aggregate Unfunded Commitments of all Included Investors and Designated Investors:

“Investor(s)” means any of the Conduit Investors and/or the Alternate Investors, as the context may require.

Upon # the closing of the issuance, sale or exchange of all or less than all the Refused Securities or # such other date agreed to by the Company and Investors who have subscribed for over 66.67% of the Offered Securities subscribed for by the Investors, the Investors shall acquire from the Company, and the Company shall issue to the Investors, the number or amount of Offered Securities specified in the Notices of Acceptance, as reduced pursuant to [Section 3.1(e)] hereof if the Investors have so elected, upon the terms and conditions specified in the Offer. The purchase by the Investors of any Offered Securities is subject in all cases to the preparation, execution and delivery by the Company and the participating Investors of a purchase agreement relating to such Offered Securities reasonably satisfactory in form and substance to the participating Investors and the Company.

“Majority Investors” means, at any time, each of the Alternate Investors which hold Commitments aggregating in excess of 50% of the Maximum Net Investment as of such date (or, if the Commitments shall have been terminated, one or more Alternate Investors whose aggregate pro rata shares of the Net Investment exceed 50% of the aggregate share of the Net Investment held by all Alternate Investors).

“Investor Classification Letter” means that certain letter agreement dated as of the date hereof by and among Borrower and Administrative Agent, based on confirmation by the applicable Lenders, listing the Investors and their Capital Commitments and approving the Investors as Included Investors or Designated Investors or indicating they are neither Included Investors or Designated Investors, as it may be amended, restated, modified or supplemented from time to time (including pursuant to [Section 10.05(b)]). For avoidance of doubt, the Investor Classification Letter may be updated from time to time by Administrative Agent and Borrower, including through delivery and acceptance of a Compliance Certificate, Borrowing Base Certificate or borrowing base summaries prepared by Administrative Agent.

“Administrative Agent” means [[Organization A:Organization]] or an Affiliate thereof, as Administrative Agent for the Conduit Investors, the Funding Agents and the Alternate Investors.

Each of the Investors and Funding Agents (listed in [Schedule 1] annexed hereto) party to the Transfer and Administration Agreement dated as of March 20, 2001 among ​, ​, the parties thereto as “Conduit Investors,” “Alternate Investors” and “Funding Agents,” and [[Administrative Agent:Organization]], as administrative agent;