Process Agent. For the purposes of [Section 13(c)] of the ISDA Form:

Process Agent Appointment Letter. Subject to [Section 7.19(b)] of the Amended and Restated Credit Agreement, the Successor Administrative Agent shall have received a copy of a letter appointing a process agent reasonably acceptable to the Successor Administrative Agent as process agent for each Designated Borrower pursuant to [Section 11.14(d)] of the Amended and Restated Credit Agreement in form and substance reasonably satisfactory to the Successor Administrative Agent.

Process. You will have the right to be represented by legal counsel at any arbitration proceeding. Questions of whether a claim is subject to arbitration under this agreement shall be decided by the arbitrator. Likewise, procedural questions which grow out of the dispute and bear on the final disposition are also matters for the arbitrator. The arbitrator shall: # have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be permitted by law; and # issue a written statement signed by the arbitrator regarding the disposition of each claim and the relief, if any, awarded as to each claim, the reasons for the award, and the arbitrator’s essential findings and conclusions on which the award is based. The arbitrator shall be authorized to award all relief that you or the Company would be entitled to seek in a court of law. The Company shall pay all JAMS arbitration fees in excess of the administrative fees that you would be required to pay if the dispute were decided in a court of law.

Process. During the Term, the Parties will work together to prepare for JSC approval a TDP for each Customer Product, with Customer initially submitting a written work request to Ginkgo for a specific Customer Product and Ginkgo using commercially reasonable efforts to promptly generate a draft TDP covering such Customer Product for review and discussion with Customer prior to Ginkgo’s submission of such TDP to the JSC for formal approval. All TDPs will be in the format attached hereto as [Exhibit D] (TDP Template). For clarity, each TDP will cover one Collaboration Strain or the development of Production protocols for one Collaboration Strain, as the case may be. For each TDP, upon its approval by the JSC, such TDP will be incorporated herein by reference and be deemed attached hereto as part of [Exhibit E] (Approved Technical Development Plans). The Parties may collaborate on multiple TDPs at any one time, and TDPs may have different start and end dates.

Process Agent. For the purposes of [Section 13(c)] of the ISDA Form:

Process Agent. Each New Vessel Owning Entity (other than those incorporated in the United States) shall have appointed a process agent in the State of New York and the Facility Agent shall have received evidence of the acceptance of such appointment from such process agent; and

Agent for Service of Process. On the Closing Date, Purchasers shall have received evidence that each Note Party has appointed an agent in New York City for the purpose of service of process in New York City and such agent shall agree in writing to give Purchasers at least 30 days’ notice of any resignation of such service agent or other termination of the agency relationship.

Process. Such offer will be made by Landlord to Tenant in a written notice (the “Offer Notice”) which offer will specify the terms for such Offered Space which will be the same as those being offered to the general public. Tenant may accept the offer set forth in the Offer Notice by delivering to Landlord an unconditional acceptance (“Tenant’s Notice”) of such offer within fifteen (15) Business Days after delivery by Landlord of the Offer Notice to Tenant. Time will be of the essence with respect to the giving of Tenant’s Notice. If Tenant does not accept or fails to timely provide the Tenant’s Notice, Tenant shall be deemed to have refused the Offered Space and Landlord will be under no further obligation to Tenant with respect to the Offered Space. Tenant must accept the entire Offered Space and may not exercise its right with respect to only part of such space.

Process Agent. If a party or its Credit Support Provider is or becomes organized outside the United States of America, then promptly upon written demand an agent for service of process in the United States reasonably satisfactory to the other party shall be irrevocably appointed by such party or its Credit Support Provider, as the case may be, and the other party shall be provided with a copy of such agent’s written acceptance of such appointment. Subject to the foregoing, for the purpose of [Section 13(c)]:

Process Agent. Agent shall have received a duly notarized power of attorney from each of [[SMTC:Organization]] de Chihuahua, S.A. de C.V., Radio Componentes de Mexico, S.A. de C.V., [[MC Assembly:Organization]] Mexico, [[SMTC:Organization]] Mex and [[MC Test:Organization]] appointing CT Corporation System, 074658.01845/123458281v.1