Common use of PLEDGE AMENDMENT Clause in Contracts

PLEDGE AMENDMENT. This Pledge Amendment, dated , 2007 is delivered pursuant to Section 5(i) of the Pledge Agreement referred to below. All defined terms herein shall have the meanings ascribed thereto or incorporated by reference in the Pledge Agreement. The undersigned hereby certifies that the representations and warranties in Section 4 of the Pledge Agreement are and continue to be true and correct, both as to the Collateral pledged prior to this Pledge Amendment and as to the Collateral pledged pursuant to this Pledge Amendment. The undersigned further agrees that this Pledge Amendment may be attached to that certain Pledge Agreement, dated as of June 29, 2007, between undersigned, as Pledgor, and ▇▇▇▇▇▇▇ ▇▇▇▇▇ CAPITAL, a Division of ▇▇▇▇▇▇▇ ▇▇▇▇▇ Business Financial Services Inc., as Agent, (as may be amended, restated, supplemented or otherwise modified from time to time, the “Pledge Agreement”) and that the Ownership Interests listed on this Pledge Amendment shall be and become a part of the Pledged Interests and Pledged Collateral referred to in said Pledge Agreement and shall secure all Obligations referred to and in accordance with said Pledge Agreement. Schedule I of the Pledge Agreement shall be deemed amended to include the Ownership Interests listed on this Pledge Amendment. The undersigned acknowledge that any Ownership Interests issued by the Company owned by Pledgor not included in the Pledged Collateral at the discretion of Lender may not otherwise be pledged by Pledgor to any other Person or otherwise used as security for any obligations other than the Obligations.

PLEDGE AMENDMENT. This Pledge Amendment, dated ________________, 2007 ___ is delivered pursuant to Section 5(i6(d) of the Pledge Agreement referred to below. All defined terms herein shall have the meanings ascribed thereto or incorporated by reference in the Pledge Agreement. The undersigned hereby certifies that the representations and warranties in Section 4 5 of the Pledge Agreement are and continue to be true and correct, both as to the Collateral instruments and shares pledged prior to this Pledge Amendment and as to the Collateral instruments and shares pledged pursuant to this Pledge Amendment. The undersigned further agrees that this Pledge Amendment may be attached to that certain Pledge Agreement, dated as of June 29September __, 20072012, between undersigned, as Pledgor, and ▇▇▇▇▇▇▇ ▇▇▇▇▇ CAPITAL, a Division of ▇▇▇▇▇▇▇ ▇▇▇▇▇ Business Financial Services Inc., as Agent, Imperium Commercial Finance Master Fund LP (as may be amended, restated, supplemented or otherwise modified from time to time, the “Pledge Agreement”) and that the Ownership Interests Pledged Shares and Pledged Indebtedness listed on this Pledge Amendment shall be and become a part of the Pledged Interests and Pledged Collateral referred to in said Pledge Agreement and shall secure all Secured Obligations referred to and in accordance with said Pledge Agreement. Schedule I of the Pledge Agreement shall be deemed amended to include the Ownership Interests listed on this Pledge Amendment. The undersigned acknowledge acknowledges that any Ownership Interests issued by the Company owned by Pledgor instruments or shares not included in the Pledged Collateral at the discretion of Lender may not otherwise be pledged by Pledgor to any other Person or otherwise used as security for any obligations other than the Secured Obligations.

PLEDGE AMENDMENT. This Pledge Amendment, dated , 2007 is delivered pursuant to Section 5(i6(b) of the Pledge Agreement referred to below. All defined terms herein shall have the meanings ascribed thereto or incorporated by reference in the Pledge Agreement. The undersigned hereby certifies that the representations and warranties in Section 4 5 of the Pledge Agreement are and continue to be true and correctcorrect in all material respects as of the date hereof, except to the extent such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, both as to the Pledged Collateral pledged prior to this Pledge Amendment and as to the Pledged Collateral pledged pursuant to this Pledge Amendment. The undersigned further agrees that this Pledge Amendment may be attached to that certain the Pledge Agreement, Agreement dated as of June 29September 27, 20072010 among the undersigned (the “Pledgor”), between undersignedvarious affiliates thereof and Bank of America, N.A., as Pledgoradministrative agent, and ▇▇▇▇▇▇▇ ▇▇▇▇▇ CAPITAL, a Division of ▇▇▇▇▇▇▇ ▇▇▇▇▇ Business Financial Services Inc., as Agent, (as may be amended, restated, supplemented or otherwise modified from time to time, the “Pledge Agreement”) and that the Ownership Interests Pledged Collateral listed on this Pledge Amendment shall be and become a part of the Pledged Interests and Pledged Collateral referred to in said such Pledge Agreement and shall secure all Secured Obligations referred to and in accordance with said such Pledge Agreement. Schedule I of the Pledge Agreement shall be deemed amended to include the Ownership Interests listed on this Pledge Amendment. The undersigned acknowledge acknowledges that any Ownership Interests issued by shares of capital stock in the Company owned by Pledgor Pledged Entities not included in the Pledged Collateral Shares or promissory notes or instruments not included in the Pledged Notes at the discretion of Lender the Agent may not otherwise be pledged by Pledgor to any other Person or otherwise used as security for any obligations other than Collateral by the Obligations.Pledgor. [ PLEDGOR ] By: Title: