Transaction Documents Uses in Issuer Acknowledgement and Consent Clause

Issuer Acknowledgement and Consent from Assignment and Assumption Agreement

This Assignment and Assumption Agreement (this "Agreement"), is dated as of September 23, 2010 and is entered into among Goldman, Sachs & Co., a New York corporation ("Assignor"), CapGen Capital Group VI LP, a Delaware limited partnership ("CapGen"), and C12 Protium Value Opportunities Ltd., a Cayman exempted company with limited liability ("C12", and together with CapGen, the "Assignees"). All capitalized terms not otherwise defined herein shal l have the meanings set forth in the Purchase Agreement (as defined below).

Issuer Acknowledgement and Consent. Notwithstanding anything to the contrary, the Issuer hereby (i) acknowledges and consents to the Assignments contemplated by this Agreement as permitted assignments under the Purchase Agreement, including Sections 3.6(h) and 6.13 thereof, (ii) acknowledges and agrees that from and after the date hereof, Assignor shall no longer be a Purchaser under, and as defined in, the Purchase Agreement, shall have no remaining rights, and is discharged of all of its obligations, under the Purchase Agreement and all of the other Transaction Documents, and (iii) acknowledges and agrees that from and after the date hereof, each Assignee shall have the rights, title and interests in, and obligations under, the Purchase Agreement with respect to its respective portion of the Stock as if subject to the terms of the applicable Assignee Purchase Agreement rather than the Purchase Agreement, with the right to purchase a number of shares of Stock equivalent to the numbers set forth opposite each Assignee's name on Schedule A hereto.

Issuer Acknowledgement and Consent from Assignment and Assumption Agreement

This Assignment and Assumption Agreement (this "Agreement"), is dated as of September 23, 2010 and is entered into among Goldman, Sachs & Co., a New York corporation ("Assignor"), CapGen Capital Group VI LP, a Delaware limited partnership ("CapGen"), and C12 Protium Value Opportunities Ltd., a Cayman exempted company with limited liability ("C12", and together with CapGen, the "Assignees"). All capitalized terms not otherwise defined herein shal l have the meanings set forth in the Purchase Agreement (as defined below).

Issuer Acknowledgement and Consent. Notwithstanding anything to the contrary, the Issuer hereby (i) acknowledges and consents to the Assignments contemplated by this Agreement as permitted assignments under the Purchase Agreement, including Sections 3.6(h) and 6.13 thereof, (ii) acknowledges and agrees that from and after the date hereof, Assignor shall no longer be a Purchaser under, and as defined in, the Purchase Agreement, shall have no remaining rights, and is discharged of all of its obligations, under the Purchase Agreement and all of the other Transaction Documents, and (iii) acknowledges and agrees that from and after the date hereof, each Assignee shall have the rights, title and interests in, and obligations under, the Purchase Agreement with respect to its respective portion of the Stock as if subject to the terms of the applicable Assignee Purchase Agreement rather than the Purchase Agreement, with the right to purchase a number of shares of Stock equivalent to the numbers set forth opposite each Assignee's name on Schedule A hereto.