Amendment and Restatement of Certain Defined Terms

Amendment and Restatement of Certain Defined Terms. The following defined terms set forth in Section 1.1 of the Revenue Interest Financing Agreement are hereby amended and restated as follows: "Applicable Tiered Percentage" means the percentage based on the applicable portion of Annual Net Revenues and the Investment Amount, as set forth in the chart below, and calculated as follows: (a) if only the First Investment Amount and Second Investment Amount are funded pursuant to Section 2.1(a) and Section 2.1(b), the percentage set forth in the... applicable row of column 1, (b) if the Third Investment Amount is also funded pursuant to Section 2.1(c), the -2- percentage set forth in the applicable row of column 2, and (c) if the Fourth Investment Amount is also funded pursuant to Section 2.1(d), the percentage set forth in the applicable row of column 3: Payment Tiers based on Annual Net Revenues 1. Only the First Investment Amount and Second Investment Amount are funded pursuant to Section 2.1(a)and Section 2.1(b) 2. If the Third Investment Amount is also funded pursuant to Section 2.1(c). View More