EFTA Document EFTA01359107

Company were a single entity for purposes of determining the Members' economic interests in the Cerberus Executive Entities and the Company. To the extent allocations or distributions are made by the Cerberus Executive Entities that would otherwise have been made by the Company, they shall reduce the allocations or distributions that otherwise would have been made by the Company and vice versa. In addition, all rights granted to the Company hereunder with respect to the Note Collateral pled