References

References. To "Sections" shall be to Sections of this Agreement unless otherwise specifically provided.

References. References herein to any performance results of the Company mean the applicable operating results of the Subsidiaries and Affiliate of the Company

References. References to any person shall be construed as a reference to such person's successors or permitted assigns.

References. Herein to "fines" shall not include any excise tax assessed with respect to any employee benefit plan.

References. All references in the Original Lease and herein to the "Lease" shall mean and refer to the Original Lease, as amended hereby.

References. All references in any of the Agreement Documents to the "Note Issuance Agreement" or the "Note Purchase Agreement" shall mean the Note Issuance Agreement or the Note Purchase Agreement, respectively, as amended hereby unless the context shall otherwise require.

References. To schedules and sections shall mean references to the APA, except as otherwise noted herein

References. Include the First Amendment and this Joinder No. 1 in addition to the other Loan Documents as in effect prior to the Effective Date

References. To a "Section", "Schedule" or "Exhibit" are to Sections of and Schedules and Exhibits to this Agreement, unless otherwise specified

References. References to "the Agreement" shall be deemed to be references to the Original Agreement, as amended by this Amendment and as it may be further amended from time to time in accordance with the terms thereof and hereof.