Any references herein to "Board" are, except as the context requires otherwise, references to the Board or the Plan Committee, as applicable.

For purposes of this Agreement, “Separation from Service” will have the meaning set forth in [Section 409A] and all references to termination of membership on the Board and similar references will be deemed to be references to “Separation from Service” within the meaning of [Section 409A].

Times of Day Unless otherwise specified, all references herein to times of day shall be references to Central time (daylight or standard, as applicable)

all references to “Default” and “Event of Default” shall be deemed to be references to a Default and an Event of Default, respectively; and

1.06Times of Day. Unless otherwise specified, all references herein to times of day shall be references to Eastern time (daylight or standard, as applicable).

SECTION # Cross-References. References in this Amendment to any Article or Section are, unless otherwise specified, to such Article or Section of this Amendment.

Section # References to Agreements, Laws, Etc 95

All references herein to Articles, Sections, Subsections, Paragraphs, Exhibits and Schedules shall be deemed references to Articles and Sections and Subsections and Paragraphs of, and Exhibits and Schedules to, this Agreement unless the context shall otherwise require.

All references to the Merger Agreement (including “hereof,” “herein,” “hereunder,” “hereby” and “this Agreement”) shall refer to the Merger Agreement as amended by this Amendment. Notwithstanding the foregoing, references to the date of the Merger Agreement (as amended hereby) and references in the Merger Agreement to “the date hereof,” “the date of this Agreement” and terms of similar import shall in all instances continue to refer to July 29, 2016.

Unless otherwise specified, references to this Agreement or any other document referred to herein or therein shall be construed as references to such document as the same may be amended, varied, supplemented or novated from time to time.