Pursuant to [Section 5.7(a)] of the Credit Agreement, no Borrower shall make any Acquisition other than a Permitted Acquisition. Borrowers have requested, and Agent and Lenders constituting at least the Required Lenders have agreed to # consent to certain aspects of the Project Destiny Acquisition (that would not otherwise be permitted pursuant to the terms of the Credit Agreement) in accordance with the terms and subject to the conditions set forth herein and # amend certain provisions of the Original Credit Agreement to, among other things, permit the incurrence of certain indebtedness in connection with the Project Destiny Acquisition.

Pursuant to [Section 5.2(a)(i)] of the Agreement, and subject to the preferential rights of holders of any class or series of Senior Preferred Units, each holder of Series A Preferred Units shall be entitled to receive, when, as and if authorized by the General Partner and declared by the Partnership, out of funds of the Partnership legally available for payment of distributions, with respect to each Series A Preferred Unit, an amount equal to such Series A Preferred Unit’s Series A Preferred Distribution Shortfall as of the applicable Partnership Record Date for the respective Series A Preferred Distribution Period.

Pursuant to [Section 5.7] of the Original Credit Agreement, the Borrowers are not permitted to acquire or enter into any agreement to acquire any assets other than in the Ordinary Course of Business or as permitted under clause (h) of the definition of Permitted Investments.

Pursuant to [Section 6.01] of the Lease, Landlord hereby requests Tenant, and Tenant hereby agrees, to name the following as additional insureds under Tenant’s commercial liability insurance policies and as loss payees under Tenant’s property insurance policies: Landlord, SyWest Development LLC, Syufy Properties, Inc., Landlord’s property manager (if any) and Landlord’s lender (if any).

Pursuant to [Section 2.15] of the Credit Agreement, the Borrower has requested a Revolving Commitment Increase in the amount of $25,000,000, and MUFG Union Bank, N.A. (“Revolving Commitment Increase Lender”) has agreed to provide such requested increase, subject to the terms and conditions set forth herein; and

Pursuant to [Section 1.7] of the Share Exchange Agreement, prior to the consummation of the Acquisition, the Company wishes to create and issue contractual contingent value rights relating to the CVR Assets (as defined herein) to the record holders of the Common Stock (as defined herein) as of a record date prior to the consummation of the Acquisition.

Pursuant to [Section 2.23] of the Credit Agreement, each Incremental Lender hereby establishes in favor of the Borrower the Second Amendment Incremental Commitment on the date hereof in a principal amount equal to the amount set forth with respect to such Incremental Lender on Exhibit A hereto under the heading “Second Amendment Incremental Commitment Amount”, pursuant to which each Incremental Lender severally agrees (to the extent of such Incremental Lender’s Second Amendment Incremental Commitment) to make Revolving Loans to the Borrower, and to acquire participations in

Pursuant to [Section 1.7] of the Share Exchange Agreement, prior to the consummation of the Acquisition, the Company wishes to create and issue contractual contingent value rights relating to the CVR Assets (as defined herein) to the record holders of the Common Stock (as defined herein) as of a record date prior to the consummation of the Acquisition.

Pursuant to [Section 7.20] of the Loan Agreement, the CEPI Agreement is hereby added to [Schedule 7.14] of the Disclosure Letter and shall be deemed to be a “Material Agreement” for all purposes of the Loan Agreement and the other Loan Documents.

Pursuant to [Section 3.2] of the Agreement, IGI delivered to PBGC a signed promissory note dated October 17, 2011 and an amortization schedule for quarterly payments of principal and interest payable in the specified payment amounts set forth in the amortization schedule.