All usages of baskets under this Agreement (including baskets measured as a percentage of Consolidated EBITDA or Consolidated Total Assets but not including baskets measured by reference to the Available Amount (other than clause (a) thereof) or the Available Equity Amount) prior to the Fourth Amendment (Other Amendments) Effective Date shall be disregarded as of the Fourth Amendment (Other Amendments) Effective Date.

The parties declare to know and accept the General Conditions for commercial premises, the Lease-related Rules and Usages applied in the Canton of Geneva as well as the additional terms which are an integral part of this lease.

For the rest, the General Conditions and lease-related rules and usages applied in the Canton of Geneva (standard rental lease for apartments, 2010 edition) and the General Conditions for commercial premises (2010 edition) are applicable, subject to the exceptions below.

Other. Administrative Agent and the Lenders shall have received such other documents, instruments, agreements and information as reasonably requested by Administrative Agent or any Lender, including, but not limited to, information regarding litigation, tax, accounting, labor, insurance, pension liabilities (actual or contingent), real

Other. (A) to the extent previously paid, the Executive’s obligation to pay back the Sign-On Bonus, pursuant to [Subsection 3(d)(i)] shall be waived, # the Sign-On RSUs shall become fully vested as of the Executive’s date of termination and # the Sign-On Options shall become fully vested as of the Executive’s date of termination.

Other. All corporate and other proceedings, and all documents, instruments and other legal matters in connection with the Transactions shall be satisfactory in form and substance to Agent and its counsel.

Participating Employer(s): As of the Effective Date, the following Participating Employer(s) are parties to the Plan:

Other. The Company may terminate the Plan upon such other events and in such other conditions as the Commissioner of Internal Revenue may prescribe in generally applicable published guidance.

Other. In the event the service of the Participant to the Board is terminated for any reason other than Death or Disability during the Period of Restriction, then any Restricted Stock Units still subject to the Period of Restriction at the date of such Separation from Service automatically shall be forfeited and returned to the Company.

Other. (i) The pledge together with # delivery of the Collateral pursuant to this Agreement or # the filing of appropriate UCC financing statements, will create a valid perfected security interest in the Collateral in favor of GE; and # all LLC Interests are duly authorized, validly issued and fully paid.