Recitals and Definitions. Each of the parties hereto acknowledges and agrees that the recitals set forth above in this Agreement are true and accurate, are contractual in nature, and are hereby incorporated into and made a part of this Agreement.

Recitals. Seller and Purchaser do hereby mutually represent and warrant that the foregoing recitals are true and correct, and said recitals are hereby ratified, confirmed, and incorporated into the body of this Second Amendment.

Recitals. The recitals set forth above are true and correct and are incorporated herein by this reference.

Recitals. The reference to $15,960,000 in the paragraph located under the heading “Recitals” in the Purchase Agreement shall be replaced with $18,372,132.

Recitals. The recitals of the Financing Agreement are hereby amended by amending and restating the first sentence therein in its entirety as follows:

DEFINITIONS. For purposes hereof, the following terms shall have the following meanings.

Definitions. As used in this Agreement:

For the purposes of this Agreement, the following terms have the respective meanings set forth below, and grammatical variations of such terms have corresponding meanings:

Definitions. Capitalized terms not otherwise defined herein shall have the meanings given them in the Plan. The following definitions apply to the Grant and this [Annex A]:

Definitions. Unless otherwise defined herein, terms defined in the Agreement are used herein as therein defined.

Definitions. “DB Pension Plan” shall mean any tax-qualified, supplemental or excess defined benefit pension plan maintained by the Company and any other defined benefit plan or agreement entered into between the Executive and the Company which is designed to provide the Executive with supplemental retirement benefits, other than any plan (or portion thereof) that is a Cash Balance Plan. “Cash Balance Plan” shall mean any tax qualified pension plan (or portion thereof) maintained by the Company of the type commonly referred to as a “cash balance plan”

Definitions. For purposes of the Plan, the terms listed below are defined as follows:

DEFINITIONS. Capitalized terms used and not otherwise defined in this Agreement or the Exhibit and Schedules thereto have the meanings set forth in [Exhibit A].

Definitions. Except as otherwise provided in this Agreement, the defined terms used in this Agreement shall have the same meaning as in the Plan. The term “Committee” shall also include those persons to whom authority has been delegated under the Plan.

Definitions. As used in this Agreement, the term “Invention(s)” means any ideas, concepts, information, materials, processes, data, programs, know-how, improvements, discoveries, developments, designs, artwork, formulae, other copyrightable works, and techniques and all Intellectual Property