Reference

Reference. All references to the Agreement in all documents executed by Borrower, Guarantor and/or Bank in connection with the Agreement are hereby deemed to refer to the Agreement, as hereby amended.

Reference. Reference to "other enterprises" shall include employee benefit plans; references to "fines" shall include any excise taxes assessed on a person with respect to any employee benefit plan; references to "serving at the request of the Company" shall include any service as a director, officer, employee or agent of the Company which imposes duties on, or involves services by, such director, officer, employee or agent with respect to an employee benefit plan, its participants or beneficiaries; and a... person who acted in good faith and in a manner he or she reasonably believed to be in the best interests of the participants and beneficiaries of an employee benefit plan shall be deemed to have acted in a manner "not opposed to the best interests of the Company" as referred to in this Agreement. View More

Reference. A reference to a Section or Article is to a Section or Article of this Supplemental Indenture unless otherwise indicated

Reference. All references to "the Supplemental Indenture" or "this Supplemental Indenture" are to this Supplemental Indenture as modified, supplemented or amended from time to time

Reference. A specified percentage of Warrants or Warrant Shares shall exclude any Warrants or Warrant Shares held by the Company or a subsidiary thereof

Reference. References to the Lease

Reference. References to the "Lease"

Reference. To the Sublease as amended by this First Amendment