This [Section 5.1(b)] applies if, in addition to this plan, the participant is covered under another qualified defined contribution plan maintained by the employer, a welfare benefit fund maintained by the employer, an individual medical account maintained by the employer, or a simplified employee pension maintained by the employer, that provides an annual addition as defined in [Section 5.1(c)(1)], during any limitation year. The annual additions that may be credited to a participant's account under this plan for any such limitation year will not exceed the maximum permissible amount reduced by the annual additions credited to a participant's account under the other qualified defined contribution plans, welfare benefit funds, individual medical accounts, and simplified employee pensions for the same limitation year. If the annual additions with respect to the participant under other qualified defined contribution plans, welfare benefit funds, individual medical accounts, and simplified employee pensions maintained by the employer are less than the maximum permissible amount and the employer contribution that would otherwise be contributed or allocated to the participant's account under this plan would cause the annual additions for the limitation year to exceed this limitation, the amount contributed or allocated will be reduced so that the annual additions under all such plans and funds for the limitation year will equal the maximum permissible amount. If the annual additions with respect to the participant under such other qualified defined contribution plans, welfare benefit funds, individual medical accounts, and simplified employee pensions in the aggregate are equal to or greater than the maximum permissible amount, no amount will be contributed or allocated to the participant's account under this plan for the limitation year.

[Section 5.1] of this Agreement (but only to the extent relating to the items in clauses (a) and (b) of [Schedule 5.1]), and such failure continues for two Business Days (as such period may be extended by up to 20 days by Agent);

[Section 5.1(b)(1)(C)] (setting forth certain distribution options for the amount credited to a Participant’s Active SRSP Account) is hereby amended by adding thereto to [clauses (iii) and (iv)])], such that it shall read as follows effective for distribution elections or changes to distribution elections made on or after such date as the Committee shall designate:

[Section 5.02Survival]. All of the representations and warranties set forth in Section 5.01 shall survive and shall remain true and correct until all Obligations are satisfied in full (except, if applicable, to the extent that any such representation or warranty expressly relates solely to an earlier date or period of time).

[Section 5.4] “Acquired Deferral Accounts,” the first sentence hereby amended to read in full as follows:

[Section 5.16] of the Credit Agreement is hereby deleted.

[Section 5.2] (Milestones and Fees for Development of Licensed Products) of the License Agreement. [Section 5.2] of the License Agreement is hereby amended and restated to read in its entirety as follows:

[Section 5.2] of the Plan is hereby deleted in its entirety and replaced with the following:

[Section 5.16(g)] of the Warrant is hereby amended and restated in its entirety as follows:

[Section 5.13(a)] of the Existing Credit Agreement is hereby amended by adding the parenthetical “(without giving effect to the increased maximum Consolidated Net Leverage Ratio levels permitted during the Covenant Relief Period set forth in [Section 9.11(b)])” immediately following the reference to “[Section 9.11]” in proviso # of such Section.