payment shall have become due and payable in accordance with the terms hereof and failed to cure such default within ten (10) business days of the Maker's receipt from the Holder of written notice of such default; (ii) There shall have been entered by a court of competent jurisdication any order,

payment shall have become due and payable in accordance with the terms hereof and failed to cure such default within ten (10) business days of the Maker's receipt from the Holder of written notice of such default; (ii) There shall have been entered by a court of competent jurisdication any order,

ate herewith (the "Agreement") by and between NES, LLC, a New York limited liability company (the "Maker"), and Leslie H. Wexner (the "Holder"), the Maker is required to execute and deliver to the Holder a promissory note (the "Note") in the principal amount of Ten Million Dollars ($10,000,000) (the M

er any applicable Federal or state bankruptcy law or similar law, or appointing a receiver, assignee or trustee of all or a substantial part of the Maker's property, assets or revenues; or (iii) The filing by the Maker of a petition or consent to a petition seeking relief under Title 11 of the Unite

elated documents pertaining hereto. This Note is secured by an aircraft security agreement dated the date hereof (the "Security Agreement") between Maker and Agent, as collateral agent of Payee with regard to that certain Raytheon Aircraft Company model Hawker 800XP aircraft with serial number 258418

r the Federal Bankruptcy Code; or Maker petitions or applies to any tribunal for the appointment of a custodian, trustee, receiver or liquidator of Maker, or of any substantial part of the assets of Maker, or commences any proceeding relating to Maker under any bankruptcy reorganization, arrangement,

of the Maker under any applicable bankruptcy law or similar law, or appointing a receiver, assignee or trustee of all or a substantial part of the Maker's property, assets or revenues; or (iv) The filing by the Maker of a petition or consent to a petition seeking relief under any applicable bankrup

er any applicable Federal or state bankruptcy law or similar law, or appointing a receiver, assignee or trustee of all or a substantial part of the Maker's property, assets or revenues; or (iii) The filing by the Maker of a petition or consent to a petition seeking relief under Title 11 of the Unite

er any applicable Federal or state bankruptcy law or similar law, or appointing a receiver, assignee or trustee of all or a substantial part of the Maker's property, assets or revenues; or (iii) The filing by the Maker of a petition or consent to a petition seeking relief under Title 11 of the Unite

liability company with an address at do Elysium Management LLC, 445 Park Avenue, Suite 1401, New York, New York 10022 (the "Holder"). WHEREAS, the Maker is the Maker under that certain promissory noted dated March 30, 2017 payable to the order of the Holder in the principal amount of Twenty TaaveTwe

liability company with an address at do Elysium Management LLC, 445 Park Avenue, Suite 1401, New York, New York 10022 (the "Holder"). WHEREAS, the Maker is the Maker under that certain promissory noted dated March 30, 2017 payable to the order of the Holder in the principal amount of Twenty- Two Mill

er, the full and prompt payment when due of all principal, interest and other amounts payable under the Note and the performance when due of all of Maker's obligations thereunder, when payment or performance thereof shall be demanded by Lender in writing addressed to Guarantor at the address provided

er, the full and prompt payment when due of all principal, interest and other amounts payable under the Note and the performance when due of all of Maker's obligations thereunder, when payment or performance thereof shall be demanded by Lender in writing addressed to Guarantor at the address provided

er any applicable Federal or state bankruptcy law or similar law, or appointing a receiver, assignee or trustee of all or a substantial part of the Maker's property, assets or revenues; or (iii) The filing by the Maker of a petition or consent to a petition seeking relief under Title 11 of the Unite

er any applicable Federal or state bankruptcy law or similar law, or appointing a receiver, assignee or trustee of all or a substantial part of the Maker's property, assets or revenues; or (iii) The filing by the Maker of a petition or consent to a petition seeking relief under Title 11 of the Unite

of the Maker under any applicable bankruptcy law or similar law, or appointing a receiver, assignee or trustee of all or a substantial part of the Maker's property, assets or revenues; or (iv) The filing by the Maker of a petition or consent to a petition seeking relief under any applicable bankrup

er any applicable Federal or state bankruptcy law or similar law, or appointing a receiver, assignee or trustee of all or a substantial part of the Maker's property, assets or revenues; or (iii) The filing by the Maker of a petition or consent to a petition seeking relief under Title 11 of the Unite

er any applicable Federal or state bankruptcy law or similar law, or appointing a receiver, assignee or trustee of all or a substantial part of the Maker's property, assets or revenues; or (iii) The filing by the Maker of a petition or consent to a petition seeking relief under Title 11 of the Unite

iability company with an address at c/o Elysium Management LLC, 445 Park Avenue, Suite 1401, New York, New York 10022 (the "Holder"). WHEREAS, the Maker is the Maker under that certain promissory noted dated March 30, 2017 payable to the order of the Holder in the principal amount of Twenty Two Mill

der, the full and prompt payment when due of all principal, interest and other amounts payable under the Note and the performance when due of all of Maker's obligations thereunder, when payment or performance thereof shall be demanded by Lender in writing addressed to Guarantor at the address provided