Any references in the Agreement to the Promissory Note shall forthwith be construed as references to the New Promissory Note.

case references in this Section 9 to the Plan Administrator shall be treated as references to the Plan Administrator’s delegate.

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

The heading of this Agreement are inserted for convenience only and shall be ignored in construing this Agreement. Unless the context otherwise requires, references in this Agreement to the singular shall be deemed to include references to the plural and vice versa; references to one gender shall include all genders and references to any person shall include an individual, firm, body corporate or unincorporated.

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

"Exchange Act" means the Securities Exchange Act of 1934, as amended. References to a particular section of the Exchange Act include references to successor provisions.

All references to the term “Restoration Account” in [Appendix A], [Section 6(a)(i)(C)] are deleted and references to “Account” shall be substituted therefor.

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

references to Articles, Sections, Exhibits and Schedules are references to the articles and sections or subsections of, and the exhibits and schedules attached to, this Agreement;

SECTION # References.