0001104659-13-040504 Sample Contracts

WAIVER AGREEMENT
Waiver Agreement • May 13th, 2013 • Elliott Associates, L.P. • New York

THIS WAIVER (this “Waiver”), dated as of May 12, 2013, of certain provisions of the Engagement and Indemnification Agreement, dated as of January 2013 (as amended, restated, supplemented or otherwise modified from time to time, the “Agreement”), by and among Elliott Associates, L.P., a Delaware limited partnership (“Elliott Associates”), Elliott International, L.P., a Cayman Islands limited partnership (“Elliott International”, and together with Elliott Associates, “Elliott”), and [ ] (“Nominee”). Capitalized terms used herein but not defined herein shall have the meanings ascribed to such terms in the Agreement.

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