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Specified PortionÌýmeans (x) one-third (1/3) if the Special Termination occurs prior to the beginning of the second fiscal year of the Performance Period, (y) two-thirds (2/3) if the Special Termination occurs on or after the beginning of the second fiscal year of the Performance Period and prior to the beginning of the third fiscal year of the Performance Period and (z) the entire amount if the Special Termination occurs on or after the beginning of the third fiscal year of the Performance Period;

Specified PortionÌýmeans an amount equal to (i) $102,000,000 minus (ii) the aggregate amount of obligations under the Existing DIP Credit Agreement that are not repaid in cash on the effective date of the Reorganization Plan.

Specified PortionÌýmeans that portion of the Evander Mining Right which covers the Specified Mining Area;

Specified PortionÌýmeans such portion of the Notes that upon conversion by a Holder will result in a number of ADSs (assuming delivery of the maximum number of ADSs due upon conversion that do not represent a fractional ADS) to be delivered to such Holder to equal to (x) seventy five percent (75%), fifty percent (50%) or twenty five percent (25%) multiplied by (y) the number of ADSs calculated as (i) the aggregate principal amount of the Notes issued on the date of this Indenture divided by (ii) US$1,000 and multiplied by (A) the Conversion Rate (in the case of conversion of the Notes pursuant to Section 14.01(a)) or (B) the Qualified Equity Financing Conversion Rate (in the case of conversion of the Notes pursuant to Section 14.01(b)), in each case, in effect immediately prior to the close of business on the relevant Conversion Date or the Qualified Equity Financing Conversion Date (as the case may be).

Specified PortionÌýmeans, with respect to each Holder who has agreed to purchase Additional Exchange Notes, the percentage set forth on such Holder’s signature page hereto, provided that the Holders may reallocate each such percentage at any time prior to the Expiration Time by delivering written notice of such reallocation to the Company; provided further that the aggregate amount of all percentages of the Holders who have agreed to purchase Additional Exchange Notes must equal 100% at all times during the term of this Agreement.

Specified PortionÌýmeans the percentage of the shares of Common Stock owned by the Existing Stockholders, which (when aggregated with the shares of Common Stock purchased by Rho at the Initial Closing or otherwise beneficially owned by it and eligible to be voted in such Company Stockholders' Vote) equals 40% of the outstanding shares of Common Stock of the Company. The Specified Portion shall be allocated among the Existing Stockholders on a pro rata basis in proportion to their respective share ownership as of the date of the Company Stockholders' Vote.

Specified PortionÌýmeans, with respect to any repayment required under clause (b)(ii)(B), (b)(iii) or (c) of Section 7.11 or any Commitment (as defined in the Xxxxxx Credit Agreement) reduction pursuant to clause (ii)(B)(2), (ii)(C) or (iii) of Section 2.11(b) of the Xxxxxx Credit Agreement, (a) with respect to the Commitments, 50%, (b) with respect to the Obligations, 40% and (c) with respect to the Mortgage Facility Obligations, 10%; provided that if at the time that any such Commitment (as defined in the Xxxxxx Credit Agreement) reduction or repayment would otherwise be required, (i) the aggregate Commitments (as defined in the Xxxxxx Credit Agreement) of all Existing Banks have been reduced to $85,000,000 or would be reduced to $85,000,000 by the application of less than the applicable Specified Portion of the applicable amount, (ii) the Obligations have been repaid in full or would be repaid in full by the application of less than all of the applicable Specified Portion of the applicable amount or (iii) the Mortgage Facility Obligations have been repaid in full or would be repaid in full by the application of less than all of the applicable Specified Portion of the applicable amount, the Specified Portion (or the portion of such Specified Portion in excess of the amount necessary to reduce such aggregate Commitments (as defined in the Xxxxxx Credit Agreement) to $85,000,000 or to repay such Obligations or Mortgage Facility Obligations in full) that would otherwise have been applied to reduce such Commitments (as defined in the Xxxxxx Credit Agreement) or repay such Obligations or Mortgage Facility Obligations shall be included in the Specified Portions applicable to the outstanding Commitments (as defined in the Xxxxxx Credit Agreement) in excess, in the aggregate for all Existing Banks, of $85,000,000 and the Obligations and Mortgage Facility Obligations remaining outstanding in proportion to the relative Specified Portions set forth in clauses (a), (b) and (c) above.

Specified PortionÌýmeans twenty-two percent (22%).

Specified PortionÌýmeans the lesser of (x) $150,000,000 and (y) $275,000,000 minus the net cash proceeds from the Contemplated Equity Issuance or the issuance of the Subordinated Notes (whichever has occurred). Notwithstanding the foregoing, proceeds of Revolving Loans and/or Acquisition Loans may be used to make Permitted Santee Investments or to make payments under the Santee Guaranty.

Specified PortionÌýin respect of parcel R-137B means the portion of parcel R-137B marked as Area 2 on the map in the Appendix to this Order and more particularly described in the Schedule to this Order.