Expected Warehousing Advance date.

Mortgage Loan Schedule. The information pertaining to each Mortgage Loan which is set forth in the Mortgage Loan Schedule attached as an exhibit to the related Mortgage Loan Purchase Agreement is true and correct in all material respects as of the Cut-off Date and contains all information required by the Pooling and Servicing Agreement to be contained in the Mortgage Loan Schedule.

Mortgage Loan Files. Except as expressly permitted or required hereunder, and subject to the provisions of Section 5.11, at all times after the Purchase Date for any Participated Mortgage Loan, [[Organization B:Organization]] shall have and maintain in its direct custody and possession the Mortgage File for such Participated Mortgage Loan.

To secure its obligations under the Credit Facility Documents and other Obligations, Mortgagor executed and delivered to Mortgagee that certain Open-End Leasehold Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Filing dated as of October 29, 2015 and recorded November 5, 2015 as File Number ​ in the Montgomery County, Ohio Records (the “Existing Mortgage”; the Existing Mortgage, together with this Modification and any and all other renewals, modifications, amendments, supplements, extensions, consolidations, substitutions, spreaders and replacements of the Existing Mortgage, being the “Mortgage”).

Adjustments and Modifications. In the event of a Change in Capitalization, an appropriate and proportionate equitable adjustment shall be made in accordance with Section 6 of the Plan in the number of Restricted Stock Units subject to this Agreement. The Company will make cash payments in settlement of any fractional shares at the time the shares of Common Stock are issued. This Agreement may also be modified, in the discretion of the Committee, both with regard to the Vesting Schedule attached as [Exhibit A] hereto and termination, by leaves of absence, changes from full to part time employment, partial disability or other changes in Employee’s status.

Modifications and Amendments. This Agreement may not be, and shall not be construed to have been modified, amended, rescinded, canceled, or waived, in whole or in part, except if done so in writing and executed by the parties hereto.

Modifications and Waivers. No change, modification or waiver of any provision of this Guarantee Agreement shall be valid or binding unless it is in writing, dated subsequent to the Effective Date of this Guarantee Agreement, and signed by the Parties. No waiver of any breach, term, condition or remedy of this Guarantee Agreement by any Party shall constitute a subsequent waiver of the same or any other breach, term, condition or remedy. All remedies, either under this Guarantee Agreement, by law, or otherwise afforded the ​ shall be cumulative and not alternative.

Amendments and Modifications. This Agreement may be amended or modified only by a writing signed by the Company and Executive, which makes specific reference to this Agreement.

Modifications and Waiver. Except as provided in [Section 17] above with respect to changes in Delaware law which broaden the right of Indemnitee to be indemnified by the Company, no supplement, modification or amendment of this Agreement shall be binding unless executed in writing by each of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions of this Agreement (whether or not similar), nor shall such waiver constitute a continuing waiver.

Agent shall have received, in form and substance satisfactory to Agent, mortgage modifications in connection with the Mortgages on the Real Property Collateral located in Marion County, Indiana, in each case, duly authorized, executed and delivered by the Borrower;