Omnibus Amendment Sample Contracts

Barclays Dryrock Issuance Trust – Omnibus Amendment to Indenture Supplements and Amended and Restated Indenture (September 26th, 2018)

This OMNIBUS AMENDMENT TO INDENTURE SUPPLEMENTS, dated as of September 21, 2018 (the "Amendment") is entered into by and between BARCLAYS DRYROCK ISSUANCE TRUST, as Issuer (the "Issuer") and U.S. BANK NATIONAL ASSOCIATION, as the Indenture Trustee (the "Indenture Trustee").

Mri Interventions, Inc. – Third Omnibus Amendment (September 25th, 2018)

THIS THIRD OMNIBUS AMENDMENT (this "Amendment") is effective as of September 25, 2018, by and among MRI Interventions, Inc., a Delaware corporation (the "Company"), and the Holders. All capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Notes (as defined below).

OMNIBUS AMENDMENT NO. 5 (Ares Capital JB Funding LLC) (September 13th, 2018)
New Residential Investment Corp – Omnibus Amendment to Certain Agreements Relating to the Nrz Advance Receivables Trust 2015-On1 (September 7th, 2018)

This OMNIBUS AMENDMENT, dated as of September 7, 2018 (this "Amendment"), relates to the Amended Documents (as defined below) and is among NRZ ADVANCE RECEIVABLES TRUST 2015-ON1, as issuer (the "Issuer"), DEUTSCHE BANK NATIONAL TRUST COMPANY, as indenture trustee (in such capacity, the "Indenture Trustee"), calculation agent (in such capacity, the "Calculation Agent"), paying agent (in such capacity, the "Paying Agent"), and securities intermediary (in such capacity, the "Securities Intermediary"), HLSS HOLDINGS, LLC ("HLSS"), as administrator on behalf of the Issuer, CREDIT SUISSE AG, NEW YORK BRANCH ("Credit Suisse"), as administrative agent (in such capacity, the "Administrative Agent"), OCWEN LOAN SERVICING, LLC ("OLS"), New Residential Mortgage LLC ("NRM"), New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing ("Shellpoint") and NEW RESIDENTIAL INVESTMENT CORP. ("NRZ").

Strategic Student & Senior Housing Trust, Inc. – Omnibus Amendment and Reaffirmation of Loan Documents (September 7th, 2018)

THIS OMNIBUS AMENDMENT AND REAFFIRMATION OF LOAN DOCUMENTS (this "Amendment") is dated as of the 31st day of August, 2018 (the "Effective Date") by and among SSSHT OPERATING PARTNERSHIP, L.P., a Delaware limited partnership ("SSSHTOP"), NOBLE PPS, LLC, a Nevada limited liability company ("Noble"), STRATEGIC STUDENT & SENIOR HOUSING TRUST, INC., a Maryland corporation ("Guarantor"), SSSHT STUDENT HOLDCO, LLC, a Delaware limited liability company ("Student Holdco"), SSSHT SENIOR HOLDCO, LLC, a Delaware limited liability company ("Senior Holdco"), SSSHT TRS, INC., a Delaware corporation ("TRS"); and ENCORE CAPITAL GROUP, LLC, a Nevada limited liability company ("Encore", and collectively, jointly and severally with SSSHTOP, Noble, Guarantor, Student Holdco, Senior Holdco and TRS, the "Credit Parties" and individually a "Credit Party") and KEYBANK NATIONAL ASSOCIATION, a national banking association having a principal place of business at 225 Franklin Street, 16th Floor, Boston, Massachuse

CONSOL Mining Corp – Omnibus Amendment (September 6th, 2018)
THIS OMNIBUS AMENDMENT NO. 4 (This Amendment) Dated as of September 6, 2018 Is Entered Into by and Among TAXI MEDALLION LOAN TRUST III, a Delaware Statutory Trust (The Borrower), MEDALLION FUNDING LLC (Successor by Merger to Medallion Funding Corp.), a New York Limited Liability Company (The Transferor), MEDALLION FINANCIAL CORP., a Delaware Corporation (Parent), MEDALLION CAPITAL, INC., a Minnesota Corporation (Medallion Capital), FRESHSTART VENTURE CAPITAL CORP., a New York Corporation (Freshstart And, Together With the Borrower, the Transferor, Parent and Medallion Capital, the MF/Borrower (September 6th, 2018)
BioNano Genomics, Inc – Bionano Genomics, Inc. Omnibus Amendment to Series D Warrants (August 15th, 2018)

This OMNIBUS AMENDMENT TO SERIES D WARRANTS (this Amendment) is entered into effective as of August 14, 2018, by and among Bionano Genomics, Inc., a Delaware corporation (the Company), and each of those persons and entities identified on the signature pages hereto as Holders (each a Holder and collectively the Holders).

BioNano Genomics, Inc – Bionano Genomics, Inc. Omnibus Amendment to Series B-1 Warrants (August 15th, 2018)

This OMNIBUS AMENDMENT TO SERIES B-1 WARRANTS (this Amendment) is entered into effective as of August 14, 2018, by and among Bionano Genomics, Inc., a Delaware corporation (the Company), and each of those persons and entities identified on the signature pages hereto as Holders (each a Holder and collectively the Holders).

Fourth Omnibus Amendment (August 9th, 2018)

THIS FOURTH OMNIBUS AMENDMENT, dated as of May 31, 2018 (the Amendment) is entered into among Jarden Receivables, LLC (Jarden Receivables), the Originators party hereto (the Originators), NEWELL BRANDS INC., as Servicer (the Servicer), PNC BANK, NATIONAL ASSOCIATION (PNC), as Administrative Agent (in such capacity, the Administrative Agent) and as a Managing Agent, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Issuing Lender (the Issuing Lender) and each Managing Agent party hereto.

Brooklyn Cheesecake & Dessrt – OMNIBUS Amendment (August 6th, 2018)

This OMNIBUS AMENDMENT (this "Amendment") is entered into as of August 3, 2018 by and between Attis Industries Inc. (formerly known as Meridian Waste Solutions, Inc.), a New York corporation (the "Company") and the undersigned (the "Purchaser"). The Company and the Purchasers are also each hereinafter referred to individually as a "Party" and together as the "Parties".

Fourth Omnibus Amendment (July 12th, 2018)

THIS NOTE PURCHASE AGREEMENT (the "Agreement"), dated as of February 24, 2017, is by and among CONN'S RECEIVABLES WAREHOUSE, LLC, as issuer (the "Issuer"), CONN APPLIANCES RECEIVABLES FUNDING, LLC, as depositor (the "Depositor"), CONN APPLIANCES, INC., as servicer (in such capacity, the "Servicer") and as sponsor (in such capacity, the "Sponsor"), CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as primary note purchaser (the "Primary Note Purchaser"), the CONDUITS (as defined below) party hereto from time to time, and CREDIT SUISSE AG, NEW YORK BRANCH, in its capacity as Administrative Agent.

Omnibus Amendment (June 29th, 2018)

THIS OMNIBUS AMENDMENT (this Amendment), dated as of June 27, 2018 (the Effective Date), is entered into among INSIGHT RECEIVABLES, LLC (Insight Receivables), INSIGHT DIRECT USA, INC. (Insight Direct), INSIGHT PUBLIC SECTOR, INC. (Insight Public), INSIGHT ENTERPRISES, INC. (Insight and the Servicer), GOTHAM FUNDING CORPORATION (a Conduit or a Purchaser), MUFG BANK, LTD. F/K/A THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., individually (MUFG or a Purchaser) and as Managing Agent for the Gotham Purchaser Group, and WELLS FARGO BANK, NATIONAL ASSOCIATION, individually (WFB or a Purchaser) and as agent for the Purchasers (in such capacity, the Agent). Capitalized terms used herein but not defined herein shall have the meanings provided in the Receivables Purchase Agreement defined below.

MonoSol Rx, Inc. – Omnibus Amendment No. 1 (June 27th, 2018)

This OMNIBUS AMENDMENT NO. 1, dated as of January 1, 2018 (this "Amendment"), is among MonoSol Rx, LLC, a Delaware limited liability company (to be renamed Aquestive Therapeutics, Inc. and converted into a Delaware corporation upon consummation of the Conversion Transaction (as defined below)) (the "Borrower"), the Lenders party hereto (the "Lenders") and Perceptive Credit Holdings, LP, a Delaware limited partnership, as administrative agent and collateral agent for the Lenders (in such capacity, together with its successors and assigns, "Administrative Agent"). Reference is made to the Credit Agreement and Guaranty, dated as of August 16, 2016 (as amended, modified, restated and supplemented, the "Credit Agreement"), among the Borrower, the Subsidiary Guarantors party thereto, the Lenders parties thereto and the Administrative Agent. Capitalized terms used herein without definition shall have the same meanings as set forth in the Credit Agreement, as amended hereby.

Omnibus Amendment (June 26th, 2018)

This TRANSFER AND ADMINISTRATION AGREEMENT (this Agreement), dated as of March 21, 2001, by and among Arrow Electronics Funding Corporation, a Delaware corporation (the SPV), Arrow Electronics, Inc., a New York corporation, individually (Arrow) and as initial Master Servicer, the several commercial paper conduits identified on Schedule A and their respective permitted successors and assigns (the Conduit Investors; each individually, a Conduit Investor), the financial institutions from time to time parties hereto as Alternate Investors, the agent bank set forth opposite the name of each Conduit Investor on Schedule A and its permitted successors and assigns (each a Funding Agent) with respect to such Conduit Investor and Alternate Investor, Mizuho Bank, Ltd., as Structuring Agent and Bank of America, National Association, a national banking association (Bank of America), as the Administrative Agent for the Conduit Investors and the Alternate Investors. Each Funding Agent, the related A

Cheniere Pipeline GP Interests, LLC – Third Omnibus Amendment (June 15th, 2018)

This Third Omnibus Amendment (this Amendment), dated as of May 23, 2018 amends (a) the Second Amended and Restated Common Terms Agreement, dated as of June 30, 2015 (as it may be further amended, restated, supplemented or otherwise modified from time to time, the Common Terms Agreement), by and among Sabine Pass Liquefaction, LLC, a Delaware limited liability company (the Borrower), Societe Generale, as the Common Security Trustee (in such capacity, the Common Security Trustee) and as the Intercreditor Agent (in such capacity, the Intercreditor Agent), The Bank of Nova Scotia, as the Secured Debt Holder Group Representative for the Working Capital Debt and other Secured Debt Holder Group Representatives party thereto from time to time, the Secured Hedge Representatives and the Secured Gas Hedge Representatives party thereto from time to time and (b) the Amended and Restated Senior Working Capital Revolving Credit and Letter of Credit Reimbursement Agreement, dated as of September 4, 20

Realogy Holdings Corp. – ELEVENTH OMNIBUS AMENDMENT (Apple Ridge Funding LLC) (June 11th, 2018)

THIS Eleventh Omnibus Amendment (this "Amendment") is entered into this 8th day of June, 2018 for the purpose of making amendments to the documents described in this Amendment.

MonoSol Rx, Inc. – Omnibus Amendment No. 1 (May 22nd, 2018)

This OMNIBUS AMENDMENT NO. 1, dated as of January 1, 2018 (this "Amendment"), is among MonoSol Rx, LLC, a Delaware limited liability company (to be renamed Aquestive Therapeutics, Inc. and converted into a Delaware corporation upon consummation of the Conversion Transaction (as defined below)) (the "Borrower"), the Lenders party hereto (the "Lenders") and Perceptive Credit Holdings, LP, a Delaware limited partnership, as administrative agent and collateral agent for the Lenders (in such capacity, together with its successors and assigns, "Administrative Agent"). Reference is made to the Credit Agreement and Guaranty, dated as of August 16, 2016 (as amended, modified, restated and supplemented, the "Credit Agreement"), among the Borrower, the Subsidiary Guarantors party thereto, the Lenders parties thereto and the Administrative Agent. Capitalized terms used herein without definition shall have the same meanings as set forth in the Credit Agreement, as amended hereby.

Bain Capital Specialty Finance, Inc. – Omnibus Amendment No. 1 (May 17th, 2018)

AMENDMENT NO. 1 (this Amendment) dated as of May 15, 2018 among BCSF I, LLC, as borrower (the Borrower); the lenders under the Credit Agreement referred to below (the Lenders); GOLDMAN SACHS BANK USA, as administrative agent (in such capacity, the Administrative Agent); and U.S. BANK NATIONAL ASSOCIATION, as collateral administrator, as collateral custodian and as collateral agent (the Collateral Agent).

Owl Rock Capital Corp II – Omnibus Amendment No. 1 (May 9th, 2018)

AMENDMENT NO. 1 (this "Amendment") dated as of April 30, 2018 among ORCC II FINANCING LLC, LLC, as a borrower ("ORCC II Financing" and a "Borrower"), OR LENDING II LLC ("OR Lending II" and a "Borrower" and, collectively with ORCC II Financing, the Borrowers); the lenders under the Credit Agreement referred to below (the "Lenders"); GOLDMAN SACHS BANK USA, as administrative agent (in such capacity, the "Administrative Agent"); STATE STREET BANK AND TRUST COMPANY, as collateral administrator and as collateral agent (the "Collateral Agent") and CORTLAND CAPITAL MARKET SERVICES LLC, as collateral custodian (the "Collateral Custodian").

World Financial Network Credit Card Master Note Trust – Omnibus Amendment (May 4th, 2018)

This OMNIBUS AMENDMENT, dated as of May 3, 2018 (this "Amendment"), is made between World Financial Network Credit Card Master Note Trust, as Issuer (the "Issuer"), and MUFG Union Bank, N.A. ("MUFG"), formerly known as Union Bank, N.A., as successor in interest to The Bank of New York Mellon Trust Company, N.A., formerly known as The Bank of New York Trust Company, N.A., as Indenture Trustee (in such capacity, the "Indenture Trustee") under the Master Indenture, dated as of August 1, 2001 (as further amended from time to time prior to the date hereof, the "Master Indenture"), between the Issuer and the Indenture Trustee, to the Indenture Supplements for the 2012-A Notes, the 2012-C Notes, the 2012-D Notes, the 2015-B Notes, the 2016-A Notes, the 2016-B Notes, the 2016-C Notes, the 2017-A Notes, the 2017-B Notes, the 2017-C Notes and the 2018-A Notes (collectively, the "Indenture Supplements"), each between the Issuer and the Indenture Trustee, and acknowledged and accepted by Comenity

Rignet, Inc. Omnibus Amendment to Incentive Plan Award Agreements (May 3rd, 2018)

This Omnibus AMENDMENT (Amendment), dated as of May 2, 2018, amends the terms and conditions of those certain incentive plan award agreements governing the terms of incentive awards granted under the RigNet, Inc. 2010 Omnibus Incentive Plan, as amended (the Plan), by and between RigNet, Inc., a Delaware corporation (the Company), and [Name of Employee] (Participant), an employee of the Company. Terms used herein, unless otherwise defined herein, shall have the meanings ascribed to them in the Plan and in the specified award agreement.

Omnibus Amendment to Compensation and Benefit Plans (May 2nd, 2018)

The purpose of this Omnibus Amendment of Compensation and Benefit Plans (this "Omnibus Amendment") is to amend the Plans (as defined below) to reflect the merger (the "Reincorporation Merger") of Scientific Games Corporation, a Delaware corporation ("Parent") into SG Nevada Merger Company, a Nevada corporation and a wholly-owned subsidiary of Parent (the "Corporation"), with the Corporation as the surviving corporation and, as the legal successor to Parent and assignee of all Parent's rights and obligations under the Plans and the surviving sponsor of the Plans under the name "Scientific Games Corporation, a Nevada corporation". This Omnibus Amendment shall be effective upon the effective time of the Reincorporation Merger (the "Effective Time"), which shall be upon the effective time of the filing of articles of merger with the Office of the Secretary of State of Nevada (the "Articles of Merger") and a certificate of merger with the Office of the Secretary of State of Delaware (the "

Spirit MTA REIT – Omnibus Amendment to Certain Series Supplements (April 13th, 2018)

This Omnibus Amendment to the Series Supplements described below (this Amendment), is entered into as of this 14th day of December, 2017, by and among Spirit Master Funding, LLC (SMF), Spirit Master Funding II, LLC (SMF II), Spirit Master Funding III, LLC (SMF III), Spirit Master Funding VI, LLC (SMF VI), Spirit Master Funding VIII, LLC (SMF VIII and, collectively with SMF, SMF II, SMF III and SMF VI, the Issuers) and Citibank, N.A., as indenture trustee (the Indenture Trustee).

OMNIBUS Amendment No. 3 to NOTES (April 5th, 2018)

This Omnibus Amendment No. 3, dated as of October 23, 2017 (this "Amendment"), is made by and among Ivy Science & Technology Fund, Waddell & Reed Advisors Science & Technology Fund and Ivy VIP Science & Technology (each, a "Lender" and together, the "Lenders"), and Marrone Bio Innovations, Inc. (the "Borrower"), with respect to those certain senior secured promissory notes, dated August 20, 2015 (each as amended, modified, renewed, extended or amended, restated, or replaced from time to time, a "Note", and collectively, the "Notes") which Borrower has issued to the Lenders.

OMNIBUS Amendment No. 2 to NOTES (April 5th, 2018)

This Omnibus Amendment No. 2, dated as of October 6, 2017 (this "Amendment"), is made by and among Ivy Science & Technology Fund, Waddell & Reed Advisors Science & Technology Fund and Ivy VIP Science & Technology (each, a "Lender" and together, the "Lenders"), and Marrone Bio Innovations, Inc. (the "Borrower"), with respect to those certain senior secured promissory notes, dated August 20, 2015 (each as amended, modified, renewed, extended or amended, restated, or replaced from time to time, a "Note", and collectively, the "Notes") which Borrower has issued to the Lenders.

American Express Receivables Financing Corp III Llc – American Express Credit Account Master Trust Omnibus Amendment to Series Supplements (April 4th, 2018)

This OMNIBUS AMENDMENT TO SERIES SUPPLEMENTS, dated as of April 1, 2018 (this Amendment), to the Supplements (as hereinafter described) to the Fourth Amended and Restated Pooling and Servicing Agreement, dated as of April 1, 2018, among American Express Receivables Financing Corporation III LLC, a Delaware limited liability company (RFC III), as Transferor, American Express Travel Related Services Company, Inc., a New York corporation (TRS), as Servicer, and The Bank of New York Mellon, a New York banking corporation, as Trustee (in such capacity, the Trustee) and as Securities Intermediary, is made and entered into as of April 1, 2018.

Bloom Energy Corp – [***] Certain Confidential Information Contained in This Document, Marked by Brackets, Has Been Omitted and Filed Separately With the Securities and Exchange Commission Pursuant to Rule 406 of the Securities Act of 1933, as Amended. OMNIBUS AMENDMENT TO MESPA, MOMA, ASA, REC PSA AND EQUITY CONTRIBUTION TRI-PARTY AGREEMENT (March 21st, 2018)

THIS OMNIBUS AMENDMENT TO MESPA, MOMA, ASA, REC PSA AND EQUITY CONTRIBUTION TRI-PARTY AGREEMENT (this Amendment), is executed as of August 30, 2013, by and among Bloom Energy Corporation, a Delaware corporation (Bloom), 2012 ESA Project Company, LLC (formerly known as 2012 V PPA Project Company, LLC), a Delaware limited liability company (the Project Company), and 2012 V PPA Holdco, LLC, a Delaware limited liability company (Holdco). Each of the foregoing entities shall be referred to individually herein as a Party and collectively as the Parties.

Marriot Vacations Worldwide Cor – OMNIBUS AMENDMENT No. 7 (March 16th, 2018)

THIS OMNIBUS AMENDMENT NO. 7, dated as of March 14, 2018 (this "Amendment") is entered into by and among the Transaction Parties (defined below) and relates to the following transaction documents (the "Transaction Documents"), in each case as the same may be amended, restated, modified and/or supplemented from time to time: (1) the Third Amended and Restated Indenture and Servicing Agreement, dated as of September 1, 2014, by and among Marriott Vacations Worldwide Owner Trust 2011-1, as issuer (the "Issuer"), Marriott Ownership Resorts, Inc., as servicer (the "Servicer" or "MORI"), and Wells Fargo Bank, National Association, as indenture trustee (the "Indenture Trustee") and as back-up servicer (the "Back-Up Servicer") (the "Indenture"); (2) the Second Amended and Restated Note Purchase Agreement, dated September 15, 2014, by and among the Issuer, the Servicer, MORI SPC Series Corp., as seller (the "Seller"), Marriott Vacations Worldwide Corporation, as performance guarantor (the "Perf

Constellium N.V. – Fourth Omnibus Amendment (March 12th, 2018)
Carvana Co. – Omnibus Amendment No. 2 to Basic Documents (Ally-Carvana Flow) (March 6th, 2018)

OMNIBUS AMENDMENT NO. 2, dated as of January 4, 2018 (this "Amendment"), among CARVANA, LLC, an Arizona limited liability company ("Carvana" or the "Seller") CARVANA AUTO RECEIVABLES 2016-1 LLC, a Delaware limited liability company, as Transferor (the "Transferor"), ALLY BANK, a Utah chartered bank, as a Purchaser (in such capacity, a "Purchaser"), and ALLY FINANCIAL INC., a Delaware corporation, as a Purchaser (in such capacity, a "Purchaser" and, together with Ally Bank, the "Purchasers"), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Collateral Custodian (the "Collateral Custodian") and BRIDGECREST CREDIT COMPANY, LLC, an Arizona limited liability company (the "Servicer"). Capitalized terms used but not defined herein shall have the meanings assigned to them in Appendix A to the Amended and Restated Master Purchase and Sale Agreement, dated as of March 6, 2017, as amended by the First Amendment, dated as of September 14, 2017 and by the Second Amendment,

Carvana Co. – Omnibus Amendment No. 1 to Transaction Documents (Ally-Carvana Warehouse) (March 6th, 2018)

OMNIBUS AMENDMENT NO. 1, dated as of January 4, 2018 (this "Amendment"), among CARVANA, LLC, an Arizona limited liability company ("Carvana", the "Originator", the "Seller", and the "Trust Administrator"), SONORAN AUTO RECEIVABLES TRUST 2017-1, a Delaware statutory trust, as the Trust and the Borrower (in such capacities, the "Trust" and the "Borrower"), CARVANA AUTO RECEIVABLES 2016-1 LLC, a Delaware limited liability company ("CAR 2016-1" and the "Transferor"), ALLY BANK, a Utah chartered bank, as a Lender and as the Administrative Agent (in such capacities, a "Lender" and the "Administrative Agent"), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Collateral Custodian and Account Bank (in such capacities, the "Collateral Custodian" and "Account Bank") and BRIDGECREST CREDIT COMPANY, LLC, an Arizona limited liability company (the "Servicer"). Capitalized terms used but not defined herein shall have the meanings assigned to them in Appendix A to the Master

Third Omnibus Amendment and Consent (Swift Receivables Company Ii, Llc) (March 1st, 2018)

THIS THIRD OMNIBUS AMENDMENT (the "Amendment"), dated as of September [15], 2017, is entered into among the Originators party hereto, Knight-Swift Transportation Holdings Inc., as successor by merger with Swift Transportation Company (the "Performance Guarantor"), Swift Receivables Company II, LLC (the "Seller"), Swift Transportation Services, LLC (the "Servicer"), the Conduit Purchasers party hereto, the Related Committed Purchasers party hereto, the Purchaser Agents party hereto, the LC Participants party hereto and PNC Bank, National Association, as LC Bank and as administrator (the "Administrator" and, collectively with the foregoing parties, the "Transaction Parties"). All capitalized terms used herein and not defined herein shall have the meanings set forth in the hereinafter defined Subject Agreements.

Omnibus Amendment To (February 26th, 2018)

THIS OMNIBUS AMENDMENT (the "Omnibus Amendment") to the EMPLOYMENT AGREEMENTS effective January 21, 2014, by and between Crestwood Operations LLC ("the Employer") and each of Robert G. Phillips ("Phillips"), Robert Halpin ("Halpin"), Steven Dougherty ("Dougherty"), Joel Lambert ("Lambert") and William H. Moore ("Moore" and, together with Phillips, Halpin, Dougherty and Lambert, the "Employees"), is made and entered into as of February 22, 2018 (the "Omnibus Amendment Date").

Omnibus Amendment (February 16th, 2018)

WHEREAS, this Omnibus Amendment (this "Amendment"), dated as of June 20, 2014 to the equity incentive and non-qualified plans, programs and arrangements set forth on Exhibit A attached hereto (each, a "Plan" and, collectively, the "Plans") shall be effective as of the date hereof;