Notwithstanding the previously mentioned, both Plenus and the Observer shall abide by the confidentiality undertakings imposed on the other directors of the Company, in their capacity as such.
The term dollars appearing in this Agreement shall mean the legal currency of the United States of America, and all payments hereunder shall be made in such currency, unless otherwise agreed in writing by Plenus and the Company.
Notwithstanding any of the provisions set forth herein, the Company understands and agrees that Plenus has syndicated the loan granted hereunder to the Co-lenders and to the Beneficiaries listed in Schedule 1, provided, however, that Plenus shall act as the lead manager of such syndication on behalf of the Co-lenders and on behalf of the Beneficiaries.
Any term of this Agreement may be amended and the observance of any term hereof may be waived (either prospectively or retroactively and either generally or in a particular instance) only with the written consent of the Company and Plenus.
Furthermore, the parties agree that the portion of the Warrant allocated to Citibank shall be held by Plenus in trust for the benefit of Citibank.