At all times throughout the term of the Loan, including after giving effect to any transfers permitted pursuant to the Loan Documents, # none of the funds or other assets of any ​ Party constitute property of, or are beneficially owned, directly or indirectly, by any person, entity or government subject to trade restrictions under U.S. law, including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in such ​ Party (whether directly or indirectly), is prohibited by law or the Loan made by the ​ is in violation of law (“Embargoed Person”); # no Embargoed Person has any interest of any nature whatsoever in any ​ Party with the result that the investment in any ​ Party (whether directly or indirectly), is prohibited by law or the Loan is in violation of law; and # none of the funds of any ​ Party have been derived from any unlawful activity with the result that the investment in any ​ Party (whether directly or indirectly), is prohibited by law or the Loan is in violation of law.

Not a Foreign Person. None of the Borrowers is a “foreign person” within the meaning of Section 1445(f)(3) of the Code. If any Borrower is a disregarded entity for United States federal income tax purposes, the direct or indirect owner of the interests in such Borrower that is treated as such borrower for United States federal income tax purposes is not a “foreign person” within the meaning of Section 1445(f)(3) of the Code.

Not Applicable. The Plan Sponsor will impose a minimum six-month delay on all distributions of Eligible Employees resulting from a Separation from Service.

Delivery of Key Files. Kx will deliver Key Files to ​ via email. Except as otherwise mutually agreed to between Kx and ​, the parties will continue the current system of Kx and ​ ​.

Key File Time Periods. Subject to the terms of [Section 3.4] above, ​ may request and receive Trial, Interim and Production Key Files that allow the Licensed Software to run for a period of ​. Key Files for ​ do not allow Updates to be installed. Production Key Files only allow Updates to be installed during the one year period for which ​ or Customer has paid the annual Maintenance Services fee.

Distributions to Key Employees. Distributions may not commence to a Key Employee upon a Termination of Employment before the date which is six months after the date of the Key Employee’s Termination of Employment. If distributions are to be paid in a lump sum, such lump sum payment shall be distributed as follows: # with respect to amounts attributable to Plan Years commencing before January 1, 2008, in the seventh month after the Termination of Employment, and # with respect to amounts attributable to Plan Years commencing on or after January 1, 2008, in the later of # the seventh month after the Termination of Employment or # January of the year following the year of the Termination of Employment. If distributions are to be paid in installments and the first installment is payable during this six-month period, such installment shall be distributed as follows: # with respect to amounts attributable to Plan Years commencing before January 1, 2008, in the seventh month after the Termination of Employment, and # with respect to amounts attributable to Plan Years commencing on or after January 1, 2008, in the later of # the seventh month after the Termination of Employment or # January of the year following the year of the Termination of Employment, with subsequent installments to be made each January thereafter.

the amount of net proceeds of any key man life insurance policies received during such fiscal year; plus

Insurance. [Schedule 4.22] sets forth, as of the Closing Date, a true and complete description of all property damage, machinery breakdown, business interruption and liability insurance maintained by or on behalf of Holdings, the Borrower and the other Restricted Subsidiaries.

Landlord shall maintain insurance for the Building and the Project in amounts equal to full replacement cost (exclusive of the costs of excavation, foundations and footings, engineering costs or such other costs to the extent the same are not incurred in the event of a rebuild and without reference to depreciation taken by Landlord upon its books or tax returns) or such lesser coverage as Landlord may elect, provided that such coverage shall not be less than the amount of such insurance Landlord’s Lender, if any, requires Landlord to maintain, providing protection against any peril generally included within the classification “Fire and Extended Coverage,” together with insurance against sprinkler damage (if applicable), vandalism and malicious mischief. Landlord, subject to availability thereof, shall further insure, if Landlord deems it appropriate, coverage against flood, environmental hazard, earthquake, loss or failure of building equipment, rental loss during the period of repairs or rebuilding, Workers’ Compensation insurance and fidelity bonds for employees employed to perform services. Notwithstanding the foregoing, Landlord may, but shall not be deemed required to, provide insurance for any improvements installed by Tenant or that are in addition to the standard improvements customarily furnished by Landlord, without regard to whether or not such are made a part of or are affixed to the Building.

Insurance. Administrative Agent shall have received evidence of the insurance required by Section 7.5, including, for the avoidance of doubt, endorsements to each insurance policy covering Collateral naming Administrative Agent as loss payee and each insurance policy covering liabilities naming Administrative Agent as additional insured.