Common use of Amendments to the Original Agreement Clause in Contracts

Amendments to the Original Agreement. The Original Agreement is amended as follows: A. The first sentence of the first paragraph of Section 1 of the Original Agreement is hereby deleted and replaced in its entirety with the following: “The Company agrees that, from time to time during the term of this Agreement, on the terms and subject to the conditions set forth herein, it may issue and sell through the Placement Agent, acting as agent and/or principal, up to 12,597,423 shares (the “Shares”) of the Company’s Class A common stock, par value $0.01 per share (the “Common Stock”), which Shares exclude, for the avoidance of doubt, the 5,402,577 shares of Common Stock sold by the Company prior to August 10, 2018 pursuant to the prospectus supplement filed by the Company with the Commission (as defined below) on February 22, 2017.” B. The second paragraph of Section 1 of the Original Agreement is hereby deleted and replaced in its entirety with the following: “The Company has also entered into a separate equity distribution agreement with respect to the Shares, each dated as of February 22, 2017, as amended by an Amendment No. 1 to each of the separate equity distribution agreements, each dated as of August 10, 2018 (each, an “Alternative Equity Distribution Agreement” and, together with any other equity distribution agreement with respect to the Shares into which the Company may enter, the “Alternative Equity Distribution Agreements”), with each of JonesTrading Institutional Services LLC, X. Xxxxx FBR, Inc. (formerly, FBR Capital Markets & Co.) and Ladenburg Xxxxxxxx & Co. Inc. (each an “Alternative Agent” and, together with any other agent with which the Company enters into an Alternative Equity Distribution Agreement, the “Alternative Agents”).” C. The first sentence of Section 6(b) of the Original Agreement is hereby deleted and replaced in its entirety with the following: “Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Securities will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”).” D. Section 12(d) of the Original Agreement is hereby deleted and replaced in its entirety with the following:

Amendments to the Original Agreement. The Original Agreement is amended as follows: A. The first sentence of the first paragraph of Section 1 of the Original Agreement is hereby deleted and replaced in its entirety with the following: “The Company agrees that, from time to time during the term of this Agreement, on the terms and subject to the conditions set forth herein, it may issue and sell through the Placement Agent, acting as agent and/or principal, up to 12,597,423 shares (the “Shares”) of the Company’s Class A common stock, $0.001 par value $0.01 per share (the “Common Stock”), having an aggregate offering price of up to $376,250,160 (the “Securities”), which Shares excludeincludes, for the avoidance of doubt, the 5,402,577 shares of Common Stock having an aggregate gross sales price of $151,250,160 sold by the Company prior to August 104:00 p.m. (eastern time) on January 24, 2018 2023 pursuant to the prospectus supplement filed by the Company with the Commission (as defined below) on February 22August 6, 20172021.” B. The last sentence of the first paragraph of Section 1 of the Original Agreement is hereby amended to replace “and declared effective by” with “and which became effective upon filing with”. C. The first sentence of the second paragraph of Section 1 of the Original Agreement is hereby deleted and replaced in its entirety with the following: “The Company has filed, in accordance with the provisions of the Securities Act of 1933, as amended, and the rules and regulations thereunder (collectively, the “Securities Act”), with the Commission an automatic shelf registration statement on Form S-3ASR (File No. 333-269386), including a base prospectus, relating to certain securities, including the Securities, to be issued from time to time by the Company, and which incorporates by reference documents that the Company has filed or will file in accordance with the provisions of the Securities Exchange Act of 1934, as amended, and the rules and regulations thereunder (collectively, the “Exchange Act”).” D. The third paragraph of Section 1 of the Original Agreement is hereby deleted and replaced in its entirety with the following: “To the extent that the Registration Statement is not available for the sales of the Securities as contemplated by this Agreement or the Company is not a Well-Known Seasoned Issuer or otherwise is unable to make the representations set forth in Section 5(a)(40) at any time when the Company is required to make such representations pursuant to Section 7(o), the Company shall file a new registration statement with respect to any additional Securities necessary to complete the sale of the Maximum Amount and shall use commercially reasonable efforts to cause such registration statement to become effective as promptly as practicable. After the effectiveness of any such new registration statement and the initial filing of a Prospectus Supplement to the base prospectus included as part of such new registration statement, all references to “Registration Statement” included in this Agreement shall be deemed to include such new registration statement, including all documents incorporated by reference therein pursuant to Item 12 of Form S-3, and all references to “base prospectus” included in this Agreement shall be deemed to include the final form of prospectus, including all documents incorporated therein by reference, included in any such new registration statement at the time of the initial filing of a Prospectus Supplement to the base prospectus included as part of such new registration statement. For the avoidance of confusion, all references to “Registration Statement” included in this Agreement relating to the offer and sale of any Securities or such other relevant action that occurred prior to the time of the initial filing of a Prospectus Supplement to the base prospectus included as part of such new registration statement shall be deemed to refer to the Company’s registration statement on Form S-3ASR (File No. 333-269386), including a base prospectus, relating to certain securities, including the Securities, including all documents incorporated by reference therein.” E. The fourth paragraph of Section 1 of the Original Agreement is hereby deleted and replaced in its entirety with the following: “The Company has also entered into a separate equity distribution agreement with respect to agreements (collectively, the Shares“Alternative Distribution Agreements”), each dated as of February 22August 6, 20172021, as amended by an Amendment No. 1 to each of the separate equity distribution agreements, each dated as of August 10January 24, 2018 2023, with the parties listed on Appendix A attached hereto (each, an “Alternative Equity Distribution Agreement” and, together with any other equity distribution agreement with respect to the Shares into which the Company may entercollectively, the “Alternative Equity Distribution AgreementsPlacement Agents”), with each for the issuance and sale from time to time of JonesTrading Institutional Services LLC, X. Xxxxx FBR, Inc. (formerly, FBR Capital Markets & Co.) the Securities to or through the Alternative Placement Agents. The aggregate amount of shares of Common Stock that may be sold pursuant to this Agreement and Ladenburg Xxxxxxxx & Co. Inc. (each an “the Alternative Agent” and, together with any other agent with which Distribution Agreements shall not exceed the Company enters into an Alternative Equity Distribution Agreement, the “Alternative Agents”)Maximum Amount.” C. F. The first sentence of representation in Section 6(b5(a)(22) of the Original Agreement is hereby deleted and replaced in its entirety amended to replace “2020” with the following: “Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Securities will occur on the second (2nd2021”. G. A new Section 5(a)(40) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”).” D. Section 12(d) of the Original Agreement is hereby deleted and replaced in its entirety with the followingadded to read as follows:

Amendments to the Original Agreement. The Original Agreement is amended as follows: A. The first sentence of the first paragraph of Section 1 of the Original Agreement is hereby deleted and replaced in its entirety with the following: “The Company agrees that, from time to time during the term of this Agreement, on the terms and subject to the conditions set forth herein, it may issue and sell through the Placement Agent, acting as agent and/or principal, up to 12,597,423 shares (the “Shares”) of the Company’s Class A common stock, par value $0.01 per share (the “Common Stock”), which Shares exclude, for the avoidance of doubt, the 5,402,577 shares of Common Stock sold by the Company prior to August 10, 2018 pursuant to the prospectus supplement filed by the Company with the Commission (as defined below) on February 22, 2017.” B. The second paragraph of Section 1 of the Original Agreement is hereby deleted and replaced in its entirety with the following: “The Company has also entered into a separate equity distribution agreement with respect to the Shares, each dated as of February 22, 2017, as amended by an Amendment No. 1 to each of the separate equity distribution agreements, each dated as of August 10, 2018 (each, an “Alternative Equity Distribution Agreement” and, together with any other equity distribution agreement with respect to the Shares into which the Company may enter, the “Alternative Equity Distribution Agreements”), with each of JMP Securities LLC, JonesTrading Institutional Services LLC, X. Xxxxx FBR, Inc. (formerly, FBR Capital Markets & Co.) LLC and Ladenburg Xxxxxxxx & Co. Inc. (each an “Alternative Agent” and, together with any other agent with which the Company enters into an Alternative Equity Distribution Agreement, the “Alternative Agents”).” C. The first sentence of Section 6(b) of the Original Agreement is hereby deleted and replaced in its entirety with the following: “Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Securities will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”).” D. Section 12(d) of the Original Agreement is hereby deleted and replaced in its entirety with the following:

Amendments to the Original Agreement. The Original Agreement is amended as follows: A. The first sentence of the first paragraph of Section 1 of the Original Agreement is hereby deleted and replaced in its entirety with the following: “The Company agrees that, from time to time during the term of this Agreement, on the terms and subject to the conditions set forth herein, it may issue and sell through the Placement Agent, acting as agent and/or principal, up to 12,597,423 shares (the “Shares”) of the Company’s Class A common stock, par value $0.01 per share (the “Common Stock”), which Shares exclude, for the avoidance of doubt, the 5,402,577 shares of Common Stock sold by the Company prior to August 10, 2018 pursuant to the prospectus supplement filed by the Company with the Commission (as defined below) on February 22, 2017.” B. The second paragraph of Section 1 of the Original Agreement is hereby deleted and replaced in its entirety with the following: “The Company has also entered into a separate equity distribution agreement with respect to the Shares, each dated as of February 22, 2017, as amended by an Amendment No. 1 to each of the separate equity distribution agreements, each dated as of August 10, 2018 (each, an “Alternative Equity Distribution Agreement” and, together with any other equity distribution agreement with respect to the Shares into which the Company may enter, the “Alternative Equity Distribution Agreements”), with each of JonesTrading Institutional Services JMP Securities LLC, X. Xxxxx FBR, Inc. (formerly, FBR Capital Markets & Co.) and Ladenburg Xxxxxxxx & Co. Inc. (each an “Alternative Agent” and, together with any other agent with which the Company enters into an Alternative Equity Distribution Agreement, the “Alternative Agents”).” C. The first sentence of Section 6(b) of the Original Agreement is hereby deleted and replaced in its entirety with the following: “Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Securities will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”).” D. Section 12(d) of the Original Agreement is hereby deleted and replaced in its entirety with the following:

Amendments to the Original Agreement. The Original Agreement is amended as follows: A. The first sentence of the first paragraph of Section 1 of the Original Agreement is hereby deleted and replaced in its entirety with the following: “The Company agrees that, from time to time during the term of this Agreement, on the terms and subject to the conditions set forth herein, it may issue and sell through the Placement Agent, acting as agent and/or principal, up to 12,597,423 shares (the “Shares”) of the Company’s Class A common stock, par value $0.01 per share (the “Common Stock”), which Shares exclude, for the avoidance of doubt, the 5,402,577 shares of Common Stock sold by the Company prior to August 10, 2018 pursuant to the prospectus supplement filed by the Company with the Commission (as defined below) on February 22, 2017.” B. The second paragraph of Section 1 of the Original Agreement is hereby deleted and replaced in its entirety with the following: “The Company has also entered into a separate equity distribution agreement with respect to the Shares, each dated as of February 22, 2017, as amended by an Amendment No. 1 to each of the separate equity distribution agreements, each dated as of August 10, 2018 (each, an “Alternative Equity Distribution Agreement” and, together with any other equity distribution agreement with respect to the Shares into which the Company may enter, the “Alternative Equity Distribution Agreements”), with each of JonesTrading Institutional Services LLC, X. Xxxxx FBR, Inc. (formerly, FBR Capital Markets & Co.) and Ladenburg Xxxxxxxx & Co. Inc. JMP Securities LLC (each an “Alternative Agent” and, together with any other agent with which the Company enters into an Alternative Equity Distribution Agreement, the “Alternative Agents”).” C. The first sentence of Section 6(b) of the Original Agreement is hereby deleted and replaced in its entirety with the following: “Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Securities will occur on the second (2nd) Trading Day (or such earlier day as is industry practice for regular-way trading) following the date on which such sales are made (each, a “Settlement Date”).” D. Section 12(d) of the Original Agreement is hereby deleted and replaced in its entirety with the following: