Common use of Amendments and Incorporation of Terms under Transaction Documents Clause in Contracts

Amendments and Incorporation of Terms under Transaction Documents. Effective as of the date hereof, the Securities Purchase Agreement and each of the other Transaction Documents are hereby amended as follows (and any such agreements, covenants and related provisions therein shall be deemed incorporated by reference herein, mutatis mutandis, as amended as such): (i) The defined term “Notes” is hereby amended to include the New Primary Securities (as defined herein and as defined pursuant to each Other Agreement, if any). (ii) The defined term “Conversion Shares” is hereby amended to include New Underlying Shares (as defined herein and as defined pursuant to each Other Agreement, if any). (iii) The defined term “Transaction Documents” is hereby amended to include this Agreement and each Other Agreement, if any.

Amendments and Incorporation of Terms under Transaction Documents. Effective as of the date hereof, the Securities Purchase Exchange Agreement and each of the other Transaction Documents are hereby amended as follows (and any such agreements, covenants and related provisions therein shall be deemed incorporated by reference herein, mutatis mutandis, as amended as such): (i) The defined term “Notes” is hereby amended to include the New Primary Securities Note and the New Warrant (as defined herein and as defined pursuant to each Other Agreement, if any). (ii) The defined term “Conversion Shares” is hereby amended to include the New Underlying Shares and the Exchange Shares (as defined herein and as defined pursuant to each Other Agreement, if any). (iii) The defined term “Transaction Documents” is hereby amended to include this Agreement and each Other Agreement, if any. (iv) Section 4(s) of the Securities Exchange Agreement is hereby amended to replace “January 31, 2020” with “March 15, 2020”.