“Major Restoration Threshold” means # with respect to any Property undergoing an alteration and/or a Restoration, an amount equal to SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000), and # with respect to all the Properties undergoing alterations and/or Restorations at any time, an aggregate amount equal to five percent (5%) of the Outstanding Principal Balance.

“Hatch-Waxman Act” means the Drug Price Competition and Patent Restoration Act of 1984, as amended.

The Wachovia Corporation Savings Restoration Plan (the “SRP”) is amended effective July 1, 2023 as follows:

“Net Initial Closing Contributed Entities Restoration Cost” has the meaning set forth in [Section 5.12(b)].

substantially complete such restoration, as set forth in ​’s Completion Notice (the “Outside Restoration Date”), which Outside Restoration Date shall be extended to the extent of any delays # caused by ​ or # caused by Force Majeure (up to a maximum of sixty (60) days of additional delay due to Force Majeure), then ​ shall have the additional right during the first ten (10) business days following the Outside Restoration Date until such repairs are complete, to terminate this Lease by delivery of written notice to ​ (the “Damage Termination Notice”), which termination shall be effective on a date specified by ​ in such Damage Termination Notice (the “Damage Termination Date”), which Damage Termination Date shall not be less than ten (10) business days, nor greater than thirty (30) days, following the date such Damage Termination Notice was delivered to ​.

Restoration shall be done and completed by the Restoring Borrower in compliance with all applicable Legal Requirements;

#​ shall be satisfied that # the Net Proceeds together with any cash or cash equivalent deposited by ​ with ​ are sufficient to cover the cost of the Restoration and # the Property following Restoration will contain substantially the same number of dwelling units and same unit mix and same rentable square feet as immediately prior to the Casualty or Condemnation;

Restoration – If a participant or beneficiary who has incurred a forfeiture of his accrued benefit under the provisions of this [Section 4.2(e)] makes a claim, at any time, for his forfeited accrued benefit, the plan administrator shall restore the participant's or beneficiary's forfeited accrued benefit to the same dollar amount as the dollar amount of the accrued benefit forfeited, unadjusted for any gains or losses occurring after the date of the forfeiture. During the plan year in which the participant or beneficiary makes the claim, the plan administrator shall make the restoration from forfeitures occurring in that plan year. If forfeitures are insufficient for the restoration, the employer shall make a contribution to the plan to satisfy the restoration. The plan administrator shall direct the trustee to distribute the participant's or beneficiary's restored accrued benefit to him not later than 60 days after the close of the plan year in which the plan administrator restores the forfeited accrued benefit.

Matching Restoration Credits shall be determined and credited as soon as administratively practicable following the end of the applicable Plan Year.

If Required Lenders agree in writing, in their reasonable discretion, then Borrower may apply the net proceeds of a casualty or condemnation (each a “Loss”) to the repair, restoration, or replacement of the assets suffering such Loss, so long as # such repair, restoration, or replacement is completed within one hundred eighty (180) days after the date of such Loss (or such longer period of time agreed to in writing by Required Lenders), # while such repair, restoration, or replacement is underway, all of such net proceeds are on deposit with Administrative Agent in a separate deposit account over which Administrative Agent has exclusive control, and # such Loss did not cause an Event of Default. If an Event of Default occurs pursuant to which Administrative Agent exercises its rights to accelerate the Obligations under the Loan Documents as provided in Section 10.2 or such repair, restoration, or replacement is not completed within one hundred eighty (180) days of the date of such Loss (or such longer period of time agreed to in writing by Required Lenders), then Administrative Agent