Sections 5. A3.b.1 and 5.A.3.b.2 shall not apply to Disability Retirements
Sections 5. 8(f) and (g) of the Agreement are hereby deleted in their entirety and replaced with the following:
Sections 5. 4(a) and (b) shall not apply to any payment if and to the maximum extent that that such payment would be a payment under a separation pay plan following an “involuntary separation from service” (as defined in Treasury Regulation Section 1.409A-1(n)) that does not provide for a deferral of compensation by reason of the application of Treasury Regulation Section 1.409A-1(b)(9)(iii). For the avoidance of doubt, the parties agree that this Section 5.7(c) shall be interpreted so that Employee will receive payments during the six (6) month period specified in Section 5.2(a) to the maximum amount permitted by Treasury Regulation Section 1.409A-1(b)(9)(iii).
Sections 5. 8 and 5.9 of the Pari Passu Intercreditor Agreement are hereby incorporated herein by reference.
Sections 5. (b) and 5.(c) are amended by deleting those sections in their entirety and substituting in the place thereof the following:
Sections 5. A through 5.E.
Sections 5. 2(a), (b) and (c) shall be amended and restated as follows:
Sections 5. 2 AND 5.3 of the Existing Credit Agreement are hereby amended and restated in their entirety to read as follows:
Sections 5. 1 and 5.2 of the Loan Agreement are hereby amended and restated in their entirety as follows:
Sections 5. 07 and 5.08 shall be interpreted to apply to Members and former Members and shall survive the Transfer of a Member’s Units and the termination, dissolution, liquidation and winding up of the Company and, for this purpose to the extent not prohibited by applicable Law, the Company shall be treated as continuing in existence.
