[Section 8.1] “Administration” is hereby amended to read in full as follows:

[Section 8.01] (any such failure to observe any term, covenant or agreement contained in [Section 8.01] and any failure to observe other Financial Covenants contained from time to time in a Loan Document, a “Financial Covenant Event of Default”); provided that a Financial Covenant Event of Default shall not constitute an Event of Default with respect to any Term Loans or any other Facility (other than the Revolving Facility incurred on the Closing Date unless such Financial Covenant is, by its terms, applicable to such other Facility) unless and until the date on which the Revolving Lenders have terminated all Revolving Commitments and declared all Revolving Loans to be immediately due and payable in accordance with [Section 9.02(b)], and such termination and declaration has not been rescinded (a “Financial Covenant Cross Default”); or

[Section 8.2(a)] of the Purchase Agreement is hereby amended to insert the following additional defined terms into such Section in alphabetical order:

[Section 8.13(b)] of the Credit Agreement is hereby amended and restated in its entirety as follows:

[Section 8.02(g)] is amended in its entirety to read as follows:

[Section 8.1] (Payment Default). [Section 8.1] of the Loan Agreement hereby is amended and restated in its entirety and replaced with the following:

[Section 8.5] may be amended or waived to permit offers to purchase made by the ​ or an Affiliate pro rata to the holders of all ​ at the time outstanding upon the same terms and conditions only with the written consent of the ​ and the Super-Majority Holders.

[Section 8.1(a)] of the Credit Agreement is hereby amended by inserting the text “(in each case, other than with respect to or resulting from the upcoming maturity of any Loans under this Agreement or the Senior Notes)” immediately after the text ““going concern” or like qualification or exception” appearing in such Section.

[Section 8.3] is hereby amended in its entirety to read as follows

Notwithstanding [Section 6.16], in the event a consultation process conducted in accordance with [Section 6.15(h)] identifies issues which cannot be resolved within ten (10) business days from the date the consultation takes place (the “Consultation Completion Deadline”), the parties hereto shall confer to determine whether the results of the Engineering Audit should be provisionally accepted pending ultimate resolution, or held in abeyance pending such resolution, considering the materiality of the issue, the magnitude of the adjustment and the anticipated time required to resolve the issues. If the parties hereto cannot reach resolution of these matters, the Expanding Producer, regardless of whether the Expanding Producer previously confirmed (or was deemed to confirm) to ​ that it accepted the results of the Engineering Audit Report, may elect to apply the Production Run Procedures (in which case, the Expanding Producer shall be considered an Electing Producer) or, if no such election is made, all questions shall immediately proceed to binding arbitration and resolved no later than one (1) month from the Consultation Completion Deadline with retroactive effect to the date that would otherwise apply pursuant to [Section 6.16] (being January 1 or July 1, as applicable). If the Expanding Producer is not satisfied with the results of such arbitration, the Expanding Producer, regardless of whether the Expanding Producer previously confirmed (or was deemed to confirm) to ​ that it accepted the results of the Engineering Audit Report, may elect to apply the Production Run Procedures (in which case, the Expanding Producer shall be considered an Electing Producer).