Common use of Availability Clause in Contracts

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Million Dollars ($10,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”; each Term A Loan or Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, Agreement and the prior satisfaction of the IPO Condition (as reasonably determined by the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, upon Borrower’s request, to make term loans to Borrower on within ten (10) Business Days after such IPO, and in any event no later than June 30, 2014 if the Second Amendment Date IPO Condition occurs in June 2014, in an aggregate amount of Ten Five Million Dollars ($10,000,000.005,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, upon Borrower’s request, to make term loans to Borrower in an aggregate amount up to Ten Million Dollars ($10,000,000.00) ), according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”; each Term A Loan or Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B Loan may be re-borrowed. Subject to the conditions of this Agreement, Term B Loans will be funded in two (2) Five Million Dollar ($5,000,000.00) tranches.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans Lender agrees to Borrower make to Borrowers on the Effective Closing Date in an aggregate amount of Ten Million Dollars a term loan ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as ) in an aggregate principal amount equal to the “Original Term A Loans”)Loan Amount. When repaid, in whole or in part, the Term A Loan may not be re-borrowed. Lender’s obligation to lend under this Section 2.3(a)(i) shall terminate upon the making of the Term A Loan as provided above. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, Lender agrees to make to Borrowers one or more additional term loans to Borrower on (each, a “Term B Loan” and collectively, the Second Amendment Date “Term B Loans”) in an aggregate amount of Ten Million Dollars up to the Term B Loan Amount, at the request of Borrowers, on or before February 20, 2022, so long as (X) no Event of Default has occurred on or prior to the date of any such borrowing, (Y) the Swiss Security Conditions have been satisfied and (Z) the minimum amount of each Term B Loan shall be $10,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”1,000,000. When repaid, and collectively as the “New Term A Loans,” and together with the Original Term A Loansin whole or in part, the “Term A Loans”). After repayment, no Term A Loan B Loans may not be re-borrowed. Lender’s obligation to lend under this Section 2.3(a)(ii) shall terminate upon (A) the making an aggregate amount of Term B Loans equal to the Term B Loan Amount or (B) the occurrence of any Event of Default. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, Lender agrees to make to Borrowers one or more additional term loans to Borrower in an aggregate amount up to Ten Million Dollars ($10,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as each, a “Term B C Loan”” and collectively, and collectively as the “Term B C Loans”; each together with the Term A Loan or and the Term B Loan is hereinafter referred to singly as Loans, each a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as collectively, the “Term Loans”)) in an aggregate amount of up to the Term C Loan Amount, at the request of Borrowers, on or before February 20, 2022, so long as (W) no Event of Default has occurred on or prior to the date of any such borrowing, (X) the minimum amount of each Term C Loan shall be $1,000,000, (Y) Borrowers shall have achieved $20,000,000 of Revenue for the trailing six month period as of the end of the month immediately preceding the proposed funding date of such Term C Loan and (Z) the Swiss Security Conditions have been satisfied. After repaymentWhen repaid, no in whole or in part, the Term B Loan C Loans may not be re-borrowed. Lender’s obligation to lend under this Section 2.3(a)(iii) shall terminate upon (A) the making an aggregate amount of Term C Loans equal to the Term C Loan Amount or (B) the occurrence of any Event of Default.

Availability. (i) Subject to the terms and conditions of this Agreement, the LendersLenders agree, severally and not jointly, made term loans to Borrower on the Effective Date Date, to make one (1) term loan to Borrower in an aggregate amount of Ten Twenty Million Dollars ($10,000,000.0020,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”). After repayment, and collectively as the “Original Term A Loans”)Loan may not be re-borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Term B Draw Period, to make one (1) term loans loan to Borrower on the Second Amendment Date in an aggregate amount of Ten Twenty Million Dollars ($10,000,000.0020,000,000.00) according to each Lender’s New Term A B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A LoansB Loan”). After repayment, no the Term A B Loan may not be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agreemay, severally and not jointlyin their sole discretion, during the Second Draw Period, agree to make one (1) term loans loan to Borrower in an aggregate amount up to Ten of Twenty Million Dollars ($10,000,000.00) 20,000,000.00), and, when made, according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (a commitment schedule to be provided by the Lenders prior to the Funding Date of such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as (the “Term B LoansC Loan”; each Term A Loan or Loan, Term B Loan and Term C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans Loan, the Term B Loan and the Term B Loans C Loan are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Three Million Dollars ($10,000,000.003,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Two Million Dollars ($10,000,000.002,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate amount up to Five Million Dollars ($5,000,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans Oxford loaned to Borrower a term loan in a principal amount of Fifteen Million Five Hundred Thousand Dollars ($15,500,000.00) on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Oxford Term A LoansLoan”). (ii) . Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower in a single draw on the Second First Amendment Effective Date in an aggregate amount of Ten One Million Dollars ($10,000,000.001,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a the “New Oxford Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Oxford Term Loan, each a “Term A LoansLoan” and collectively, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans in a single draw to Borrower Borrower, if requested by Borrower, in an aggregate amount up to Ten determined by Borrower of at least Five Million Dollars ($10,000,000.005,000,000.00) and up to Nine Million Dollars ($9,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”; each Term A Loan or and Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Twenty Five Million Dollars ($10,000,000.0025,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten of Twenty Five Million Dollars ($10,000,000.0025,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”). After repayment, no Term C Loan may be re-borrowed. (iv) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Fourth Draw Period, to make term loans to Borrower in an aggregate amount up to Fifteen Million Dollars ($15,000,000.00) according to each Lender’s Term D Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term D Loan”, and collectively as the “Term D Loans”; each Term A Loan, Term B Loan, Term C Loan or Term B D Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, Term B Loans, Term C Loans and the Term B D Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B D Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date satisfaction (or waiver in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to accordance with the terms hereof) of the conditions precedent contained in Sections 3.1 and conditions of this Agreement3.2, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate principal amount of Ten One Hundred Million Dollars ($10,000,000.00100,000,000.00) according to each Lender’s New Term Loan Commitment for the Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to herein singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-re borrowed. (iiiii) Subject to the satisfaction (or waiver in accordance with the terms hereof) of the conditions precedent contained in Sections 3.1 and conditions of this Agreement3.2, and conditioned on approval by the Lenders’ investment committee in its sole and unfettered discretion, the Lenders agree, severally and not jointly, to make term loans to Borrower, during the Second Draw Period, to make term loans to Borrower in an aggregate principal amount up to Ten of FourNine Million Dollars ($10,000,000.004,000,000.009,000,000.00) according to each Lender’s Term Loan Commitment for the Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to herein singly as a “Term B Loan”, and collectively as the “Term B Loans”; each Term A Loan or and Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”). The initial Four Million Dollars ($4,000,000) of Term B Loans shall be available in an initial draw amount of Two Million Dollars ($2,000,000) and two One Million Dollar ($1,000,000) subsequent advances, and the subsequent Five Million Dollars ($5,000,000) of Term B Loans shall be available in sequential draws of Two Million Dollars ($2,000,000), One Million Five Hundred Thousand Dollars ($1,500,000) One Million Dollars ($1,000,000) and Five Hundred Thousand Dollars ($500,000) in each case, subject to approval by the Lenders’ investment committee in its sole and unfettered discretion and in no event shall any Term B Loan be funded in less than 20 Business Days from any other Term B Loan. After repayment, no Term B Loan may be re-re borrowed. On the Amendment No. 8 Execution Date there were $4,000,000 of Term B Loans outstanding and Lenders had $5,000,000 of Term Loan Commitments for the Term B Loan outstanding.

Availability. (i) Subject to the terms and conditions of this Agreement, Bank agrees to make to Borrower, and Borrower agrees to borrow from Bank, the Lenders, severally and not jointly, made term loans Term Loan 2012 described below. (i) Bank agrees to lend $10,000,000 (the “Tranche A”) to Borrower on within five (5) days from the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior subject to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to satisfaction of the terms and conditions of this Agreement, and Borrower agrees to borrow such Tranche A from Bank. (ii) Borrower and Bank acknowledge and agree that Borrower is obligated to Bank for the Lenders agree“Term Loan” (as that term is used in the Prior Agreement, severally and not jointlywhich is herein referred to as the “Prior Term Loan”), the principal amount of which was $4,652,192.66 as of April 9, 2012. Borrower authorizes and instructs Bank to make term loans apply funds from Tranche A, up to Borrower the sum of the unpaid principal balance of the Prior Term Loan plus any and all accrued and unpaid interest on the Second Amendment Date Prior Term Loan and plus any other amounts that are due with respect to the Prior Term Loan (other than the “Final Payment” as that term is used in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s New Term A the Prior Loan Commitment Agreement—said “Final Payment” shall instead become the Final Payment under this Agreement, payable as set forth on Schedule 1.1 hereto (herein), to such term loans are hereinafter referred Prior Term Loan principal, interest and other amounts in order to singly repay the same in full. Borrower acknowledges and agrees that such funds so applied shall be deemed advanced by Bank to Borrower as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed.part of Tranche A. (iii) Subject Provided that the Tranche B Condition is satisfied as determined by Bank in its good faith business judgment, and subject to the satisfaction of the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw PeriodPeriod Bank agrees to lend an additional $10,000,000 (the “Tranche B”) to Borrower, to make term loans to and Borrower in an aggregate amount up its sole discretion agrees to Ten Million Dollars borrow such Tranche B from Bank. ($10,000,000.00) according to each Lender’s Term Tranche A, together with Tranche B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter if made, shall be collectively referred to singly as a “Term B Loan”, and collectively as the “Term B LoansLoan 2012”; each Term A Loan or Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”.). After repayment, no Term B Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this the Original Agreement, the Lenders, severally and not jointly, made term loans loaned to Borrower (A) on the Effective Date (as defined in the Original Agreement) an aggregate amount of Ten Million Dollars ($10,000,000.00) advance according to each Original Lender’s Term A Loan Commitment (as defined in the Original Agreement) as set forth on Schedule 1.1 hereto (as in effect prior to of the Second Amendment Date) Original Agreement (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”) in the principal aggregate amount of Seven Million and Five Hundred Thousand Dollars ($7,500,000), (B) on August 1, 2013 an advance according to each Original Lender’s Term B Loan Commitment (as defined in the Original Agreement) as set forth on Schedule 1.1 of the Original Agreement (such term loans referred to singly as “Term B Loan”, and collectively as “Term B Loans”) in the principal aggregate amount of Two Million and Five Hundred Thousand Dollars ($2,500,000) and (C) on December 13, 2013 an advance according to each Original Lender’s Term C Loan Commitment (as defined in the Original Agreement) as set forth on Schedule 1.1 of the Original Agreement (such term loans referred to singly as “Term C Loan”, and collectively as “Term C Loans”) (Term A Loans, Term B Loans and Term C Loans, collectively, “Original Term Loans”) in the principal aggregate amount of Five Million Dollars ($5,000,000). The entire principal aggregate amount of the Original Term Loans remains outstanding on the date hereof and shall, as of the Effective Date (as defined herein), be governed by the terms and provisions of this Agreement. After repayment, no Original Term Loans may be re-borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.0010,000,000) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”which, and collectively as for the “New Term A Loans,” and together with purposes of clarity, shall not include the entire aggregate principal amount of Original Term A Loans, Loans outstanding on the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Million Dollars ($10,000,000.00Effective Date) according to each Lender’s Term B D Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B D Loan”, and collectively as the “Term B D Loans”; each Term A D Loan or and Original Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A D Loans and the Original Term B Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B D Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the LendersLenders agree, severally and not jointly, made during the 2012 First Draw Period, to make term loans to Borrower on the Effective Date in an aggregate amount of Ten up to Six Million Two Hundred Thousand Dollars ($10,000,000.006,200,000) according to each Lender’s 2012 Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an a “Original 2012 Term A Loan”, and collectively as the “Original 2012 Term A Loans”). After repayment, no 2012 Term A Loan may be re-borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the 2012 Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Three Million Dollars ($10,000,000.003,000,000) according to each Lender’s 2012 Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “2012 Term B Loan”, and collectively as the “2012 Term B Loans”; each 2012 Term A Loan or 2012 Term B Loan is hereinafter referred to singly as a “2012 Term Loan” and the 2012 Term A Loans and the 2012 Term B Loans are hereinafter referred to collectively as the “2012 Term Loans”). After repayment, no 2012 Term B Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Date in an aggregate amount of Ten up to Twelve Million Five Hundred Thousand Dollars ($10,000,000.0012,500,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto hereto. The Term Loans shall be available in two (such term loans are hereinafter referred to singly as a 2) tranches. The first tranche (“New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may ) shall be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up equal to Ten Six Million Two Hundred Fifty Thousand Dollars ($10,000,000.006,250,000.00) according to each Lender’s Term B Loan Commitment as set forth and shall be advanced on Schedule 1.1 hereto the Effective Date. The second tranche (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”; each Term A Loan or and Term B Loan is hereinafter are each referred to singly herein individually as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no ) shall be made available by the Lenders during the Term B Loan may Draw Period in an amount equal to Six Million Two Hundred Fifty Thousand Dollars ($6,250,000.00) in a single advance. In the event Borrower does not request the Term B Loan during the Term B Loan Draw Period, the Lenders may, in their discretion, advance the Term B Loan to Borrower on July 31, 2011, without such request by Borrower, after which advance Borrower will be re-borroweddeemed to have received said Term Loan B for all purposes hereafter. Notwithstanding anything to the contrary contained in the foregoing or anywhere else in this Agreement or any other Loan Document, (x) the Lenders shall not have any obligation to make any advances under the Term B Loan Commitments until the commencement of the Term B Loan Draw Period, and from the Effective Date until the commencement of the Term B Loan Draw Period, for all purposes under this Agreement, the Term B Loan Commitments and the Term B Loan Commitment of each Lender shall be deemed to be zero ($0), and (y) from the Effective Date until the commencement of the Term B Loan Draw Period, for all purposes under this Agreement, the Term Loan Commitments shall be deemed to be Term A Loan Commitments and the Term Loan Commitment of each Lender shall be deemed to be such Lender’s Term A Loan Commitment. Any portion of the Term B Loan Commitments not funded as of the close of business on the date which is five (5) Business Days after the end of the Term B Loan Draw Period shall thereupon automatically be terminated and the Term B Loan Commitment of each Lender as of such date shall be reduced by such Lender’s Pro Rata Share of such total reduction in the Term B Loan Commitments. Each Lender’s obligation to fund the applicable Term Loan shall be limited to such Lender’s Term A Loan Commitment or Term B Loan Commitment, as applicable, and no Lender shall have any obligation to fund any portion of any Term Loan required to be funded by any other Lender, but not so funded. Borrower shall not have any right to reborrow any portion of any Term Loan that is repaid or prepaid from time to time.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate principal amount of Ten Twenty Five Million Dollars ($10,000,000.0025,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, including satisfaction of the Second Draw Conditions, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower Borrower, upon Borrower’s request, in an aggregate principal amount of up to Ten Twenty Million Dollars ($10,000,000.0020,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”; each Term A Loan or Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, including satisfaction of the Third Draw Conditions, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower, upon Borrower’s request, in an aggregate principal amount of up to Fifteen Million Dollars ($15,000,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”). After repayment, no Term C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Sixteen Million Two Hundred Thousand Dollars ($10,000,000.0016,200,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up equal to Ten Million Dollars ($10,000,000.00) and disbursed in a single advance according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate amount equal to Four Million Dollars ($4,000,000.00) and disbursed in a single advance according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”). After repayment, no Term C Loan may be re-borrowed. (iv) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Fourth Draw Period, to make term loans to Borrower in an aggregate amount equal to Five Million Dollars ($5,000,000.00) and disbursed in a single advance according to each Lender’s Term D Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term D Loan”, and collectively as the “Term D Loans”; each Term A Loan, Term B Loan, Term C Loan or Term B D Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, the Term B Loans, the Term C Loans and the Term B D Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B D Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate principal amount of Ten Sixty-Five Million Dollars ($10,000,000.0065,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate principal amount of up to Ten Thirty Five Million Dollars ($10,000,000.0035,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”; each Term A Loan or Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Incremental Term Loan Lenders agree, severally and not jointly, during any availability period set out in the applicable Incremental Term Loan Notice (as defined below) to make incremental term loans (“Incremental Term Loans”, and each Term A Loan, Term B Loan and any Incremental Term Loan is hereinafter referred to singly as a “Term Loan” and collectively as “Term Loans”) to Borrower in an aggregate principal amount set out in the applicable Incremental Term Loan Notice. After repayment, no Incremental Term Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii1) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Fifty Million Dollars ($10,000,000.0050,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowedre‑borrowed. (iiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower Borrower, upon Borrower’s request, in an aggregate amount up to Ten Twenty Five Million Dollars ($10,000,000.0025,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”; ). After repayment, no Term B Loan may be re‑borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower, upon Borrower’s request, in an aggregate amount up to Twenty Five Million Dollars ($25,000,000.00) at each Lender’s sole discretion (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans;” each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, the Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Five Million Dollars ($10,000,000.005,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, at the request of Borrower during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Five Million Dollars ($10,000,000.005,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, at the request of Borrower during the Third Draw Period, to make term loans to Borrower in an aggregate amount up to Five Million Dollars ($5,000,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”). After repayment, no Term C Loan may be re-borrowed. (iv) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, at the request of Borrower during the Fourth Draw Period, to make term loans to Borrower in an aggregate amount up to Five Million Dollars ($5,000,000.00) according to each Lender’s Term D Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term D Loan”, and collectively as the “Term D Loans”; each Term A Loan, Term B Loan, Term C Loan or Term B D Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, Term B Loans, Term C Loans and the Term B D Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B D Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Fifteen Million Five Hundred Thousand Dollars ($10,000,000.0015,500,000.00) in a single advance according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans in a single draw to Borrower Borrower, if requested by Borrower, in an aggregate amount determined by Borrower of at least Three Million Five Hundred Thousand Dollars ($3,500,000) and up to Ten Million Dollars ($10,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”; each Term A Loan or Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”). Notwithstanding anything to the contrary contained herein, no Term B Loans shall be advanced if, at the time of the advance, Borrower’s consolidated product revenues, measured on a trailing six (6) month basis, are less than Seven Million Five Hundred Thousand Dollars ($7,500,000.00), as determined in accordance with GAAP by the Lenders based upon written evidence satisfactory to the Lenders. After repayment, no Term B Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the LendersLenders agree, severally and not jointly, made to make a term loans loan to Borrower on the Effective Date in an aggregate amount of equal to Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an the “Original Term A Loan”). After repayment, and collectively as the “Original Term A Loans”)Loan may not be re-borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make a term loans loan to Borrower on the Second Amendment Date in an aggregate amount of Ten equal to Five Million Dollars ($10,000,000.005,000,000.00) according to each Lender’s New Term A B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A LoansB Loan”). After repayment, no the Term A B Loan may not be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Third Draw Period, to make a term loans loan to Borrower in an aggregate amount up equal to Ten Five Million Dollars ($10,000,000.005,000,000.00) according to each Lender’s Term B C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a the “Term B C Loan”, and collectively as together with the “Term B Loans”; each Term A Loan or and the Term B Loan Loan, each is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively and, collectively, as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agreewith Term Loan Commitments (“Term Loan Lenders”), severally and not jointly, to shall make one (i) term loans loan advance available to Borrower on the Second Amendment Effective Date in an aggregate original principal amount of Ten Four Million Dollars ($10,000,000.004,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term Loan A LoansAdvance”). After repayment, no Term A Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, during the Lenders agreeTerm Loan B “CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSUANT TO RULE 24B-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.” Advance Draw Period, upon Borrower’s request, the Term Loan Lenders, severally and not jointly, during the Second Draw Period, to shall make one (1) term loans loan advance available to Borrower in an aggregate original principal amount up to Ten of Four Million Dollars ($10,000,000.004,000,000.00) according (the “Term Loan B Advance”). Subject to each Lenderthe terms and conditions of this Agreement, during the Term Loan C Advance Draw Period, upon Borrower’s request, the Term Loan Lenders, severally and not jointly, shall make one (1) term loan advance available to Borrower in an original principal amount of Two Million Dollars ($2,000,000.00) (the “Term Loan C Advance”). The Term Loan A Advance, the Term Loan B Advance and the Term Loan Commitment as set forth on Schedule 1.1 hereto (such term loans C Advance are hereinafter referred to singly as a “Term B Loan”, Loan Advance” and collectively as the “Term B LoansLoan Advances”; each Term A Loan or Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B Loan Advance (or any portion thereof) may be re-borrowedreborrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make one (1) term loans loan to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Twenty-Five Million Dollars ($10,000,000.0025,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are loan is hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A LoansLoan”). After repayment, no the Term A Loan may not be re-borrowedre‑borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower (but in a single disbursement) in an aggregate amount of up to Ten Twenty-Five Million Dollars ($10,000,000.0025,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re‑borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower (but in a single disbursement) in an aggregate amount of up to Twenty-Five Million Dollars ($25,000,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loan, the Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowedre‑borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten up to Thirty Million Dollars ($10,000,000.0030,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”); provided that (x) the Term A Loan made on the Effective Date (the “Effective Date Loan”) shall be in the minimum amount of Five Million Dollars ($5,000,000.00); and (y) if the Effective Date Loan is less than Thirty Million Dollars ($30,000,000.00), each Term A Loan made after the Effective Date shall be (I) in minimum increments of Five Million Dollars ($5,000,000.00) or such lesser amount as shall remain available and (II) made during the period from January 3, 2022 through December 31, 2022. After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Twenty Million Dollars ($10,000,000.0020,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”; each Term A Loan or Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”); provided that, each Term B Loan shall be in minimum increments of Five Million Dollars ($5,000,000.00) or such lesser amount as shall remain available. After repayment, no Term B Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the LendersLenders agree, severally and not jointly, made solely upon request of the Borrower, during the First Draw Period, to make term loans to Borrower on the Effective Date in an aggregate amount of Ten Twelve Million Five Hundred Thousand Dollars ($10,000,000.0012,500,000) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an a “Original Term A Loan”, and collectively as the “Original Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on solely upon request of the Second Amendment Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointlyBorrower, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Seven Million Five Hundred Thousand Dollars ($10,000,000.007,500,000) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”; each Term A Loan or Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Twenty Million Dollars ($10,000,000.0020,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up equal to Ten Fifteen Million Dollars ($10,000,000.0015,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate amount equal to Ten Million Dollars ($10,000,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a ““ Term Loan” and the Term A Loans, the Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Eleven Million Dollars ($10,000,000.0011,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowedre‑borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Million Dollars ($10,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate amount up to Five Million Dollars ($5,000,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowedre‑borrowed.

Availability. (i) Subject to the terms and conditions of this the Original Agreement, the Lenders, severally and not jointly, made term loans loaned to Borrower on the Effective Date (as defined in the Original Agreement) an aggregate amount of Ten Million Dollars ($10,000,000.00) advance according to each Original Lender’s Term A Loan Commitment (as defined in the Original Agreement) as set forth on Schedule 1.1 hereto (as in effect prior to of the Second Amendment Date) Original Agreement (such term loans are hereinafter referred to singly each individually as an “Original Term A Loan”, ” and collectively as the “Original Term A Loans”) in the aggregate principal amount of Thirty Million Dollars ($30,000,000), the aggregate outstanding amount of which shall, as of the Effective Date, be governed by the terms and provisions of this Agreement. After repayment, no Original Term Loans may be re-borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans lend to Borrower on the Second Amendment Date Effective Date, term loans as follows: (A) SVB shall make a term loan to Borrower in an aggregate the amount of Ten Nine Million Dollars ($10,000,000.009,000,000.00) according to each Lender’s New (the “SVB Pay Off Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”), and collectively the proceeds of which will be used to repay all Obligations owing from Borrower to SVB in respect of the Original Term Loan made by SVB under the Original Agreement in an amount equal to the unpaid principal balance of such Original Term Loan which remains outstanding as of the Effective Date; (B) SVB shall make a term loan to Borrower in the amount of One Million Dollars ($1,000,000.00) (the “SVB New Money Term A Loans,Loan” and together with the Original SVB Pay Off Term A LoansLoan, the “SVB Term A LoansLoan”). After repayment, no Term A Loan may be re-borrowed.; (iiiC) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to Oxford shall make a term loans loan to Borrower in an aggregate the amount up to Ten of Nineteen Million Dollars ($10,000,000.0019,000,000.00) according to each Lender’s (the “Oxford New Money Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a Loan” and together with the Oxford Original Term Loan, collectively, the “Oxford Term B Loan”; the Oxford Term Loan, and collectively as together with the “SVB Term B Loans”; Loan, each Term A Loan or Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as collectively, the “Term Loans”). After repaymentWhen repaid, no the Term B Loan Loans may not be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate principal amount of Ten Seventy-Five Million Dollars ($10,000,000.0075,000,000.00) according to each Lender’s New Tranche A Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Tranche A Term A Loan”, and collectively as the “New Tranche A Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Tranche A Term A Loan may be re-borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Tranche B-1 Term Loan Draw Period, to make term loans to Borrower in an aggregate principal amount of Fifty Million Dollars ($50,000,000.00), and disbursed in a single advance according to each Lender’s Tranche B Term Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Tranche B-1 Term Loan”, and collectively as the “Tranche B-1 Term Loans”). After repayment, no Tranche B-1 Term Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Tranche B-2 Term Loan Draw Period, to make term loans to Borrower in an aggregate principal amount of up to Ten Seventy-Five Million Dollars ($10,000,000.00) 75,000,000.00), in minimum increments of Fifteen Million Dollars ($15,000,000.00), according to each Lender’s Tranche B Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Tranche B-2 Term B Loan”, and collectively as the “Tranche B-2 Term B Loans”; each Tranche B-1 Term A Loan or Tranche B-2 Term Loan is hereinafter referred to singly as a “Tranche B Term Loan” and the Tranche B-1 Term Loans and the Tranche B-2 Term Loans are hereinafter referred to collectively as the “Tranche B Term Loans”). After repayment, no Tranche B-2 Term Loan may be re-borrowed (iv) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Tranche C Term Loan Draw Period, to make term loans to Borrower in an aggregate principal amount of up to Twenty-Five Million Dollars ($25,000,000.00), and disbursed in a single advance according to each Lender’s Tranche C Term Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Tranche C Term Loan”, and collectively as the “Tranche C Term Loans”; each Tranche A Term Loan, Tranche B Term Loan or Tranche C Term Loan is hereinafter referred to singly as a “Term Loan” and the Tranche A Term A Loans, Tranche B Term Loans and the Tranche C Term B Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Tranche C Term B Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the LendersLenders agree, severally and not jointly, made to make term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (ii) Subject to the terms and conditions of this Agreement, and provided that the PMA Event has occurred, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, the Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the LendersLenders agree, severally and not jointly, made to make term loans to Borrower on the Effective Date in an aggregate principal amount of Ten Forty-Two Million Five Hundred Thousand Dollars ($10,000,000.0042,500,000) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an the “Original Term A Loan”). After repayment, and collectively as the “Original no Term A Loans”).Loan may be re‑borrowed. 13 (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower Period in an aggregate principal amount up equal to Ten Two Million Five Hundred Thousand Dollars ($10,000,000.002,500,000) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans made during the Second Draw Period are hereinafter referred to singly as a the “Term B Loan”). After repayment, no Term B Loan may be re‑borrowed. (iii) Subject to the terms and collectively conditions of this Agreement and the Fifth Amendment, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Fifth Amendment Effective Date in an aggregate principal amount of up to Two Million Five Hundred Thousand Dollars ($2,500,000) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as the “Term B LoansC Loan”). After repayment, no Term C Loan may be re‑borrowed. (iv) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, after the Fifth Amendment Effective Date, in the Lenders’ sole and absolute discretion and subject to the lenders’ credit approval, to make term loans to Borrower in an aggregate principal amount of up to Fifteen Million Dollars ($15,000,000) (such term loans are hereinafter referred to singly as the “Term D Loan”; each Term A Loan or Loan, Term B Loan, Term C Loan, and Term D Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B D Loan may be re-borrowedre‑borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate principal amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowedreborrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during on the Second Draw PeriodThird Amendment Effective Date, to make term loans to Borrower in an aggregate principal amount up to Ten of Three Million Dollars ($10,000,000.003,000,000) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”; each Term A Loan or Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”). Such Term B Loans shall be issued in exchange for, and shall not be funded separately, cancellation and discharge of all Indebtedness owed with respect to the Note and Note Purchase Agreement pursuant to the terms of that certain Exchange and Discharge Agreement between Borrower and Lenders, dated as of the Third Amendment Effective Date (the “Exchange Agreement”), and as of the Third Amendment Effective Date all other Obligations of Borrower under the Note and Note Purchase Agreement shall be deemed terminated; provided, however, those obligations, liabilities, covenants, and terms that are expressly specified in the Note or Note Purchase Agreement as surviving that respective agreement’s termination, including without limitation, any indemnity obligations, shall continue to survive notwithstanding the termination of the Note and Note Purchase Agreement as provided herein and in the Exchange Agreement. After repayment, no Term B Loan may be re-borrowedreborrowed.

Availability. (i) Subject to On the terms and conditions of this AgreementEffective Date, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in one (1) advance in an aggregate amount of equal to Ten Million Dollars ($10,000,000.0010,000,000) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are loan is hereinafter referred to singly as an a “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowedre‑borrowed. (iiiii) Subject to the terms and conditions of this AgreementAgreement and provided that Collateral Agent has determined that Borrower has achieved the Term B Milestone Event, the Lenders agree, severally and not jointly, during on the Second Draw PeriodAmendment Date, to make a term loans loan in a single advance available to Borrower in an aggregate amount up to Ten of Twenty-Five Million Dollars ($10,000,000.0025,000,000) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re‑borrowed. (iii) Subject to the terms and conditions of this Agreement and provided that Collateral Agent has received a fully executed Pledge Agreement, the Lenders agree, severally and not jointly, during the Term C Draw Period, to make a term loan in a single advance available to Borrower in an aggregate amount of Fifteen Million Dollars ($15,000,000), and, when made, according to a commitment schedule to be provided by the Lenders prior to the Funding Date of such term loan (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”). After repayment, no Term C Loan may be re‑borrowed. (iv) Subject to the terms and conditions of this Agreement, the Lenders may, in their sole discretion, agree to make a term loan in a single advance available to Borrower in an aggregate amount of Twenty-Five Million Dollars ($25,000,000), and, when made, according to a commitment schedule to be provided by the Lenders prior to the Funding Date of such term loan (such term loans are hereinafter referred to singly as a “Term D Loan”, and collectively as the “Term D Loans”; each Term A Loan, Term B Loan, Term C Loan or Term B Loan D Loan, is hereinafter referred to singly as a “Term Loan” and the Term A Loans, the Term B Loans, the Term C Loans and the Term B D Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B D Loan may be re-borrowedre‑borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the LendersLenders agree, severally and not jointly, made to make term loans to Borrower on the Effective Date in an aggregate principal amount of Ten Forty-Two Million Five Hundred Thousand Dollars ($10,000,000.0042,500,000) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an the “Original Term A Loan”). After repayment, and collectively as the “Original no Term A Loans”)Loan may be re‑borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower Period in an aggregate principal amount up equal to Ten Two Million Five Hundred Thousand Dollars ($10,000,000.002,500,000) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans made during the Second Draw Period are hereinafter referred to singly as a the “Term B Loan”). After repayment, no Term B Loan may be re‑borrowed. (iii) Subject to the terms and collectively conditions of this Agreement and the Fifth Amendment, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Fifth Amendment Effective Date in an aggregate principal amount of up to Two Million Five Hundred Thousand Dollars ($2,500,000) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as the “Term B LoansC Loan”). After repayment, no Term C Loan may be re‑borrowed. (iv) Subject to the terms and conditions of this Agreement and the Sixth Amendment, the Lenders agree, severally and not jointly, to make loans to Borrower on the Sixth Amendment Effective Date, in an aggregate principal amount of up to Twenty Million Dollars ($20,000,000) according to each Lender’s Term D Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as the “Term D Loan”; each Term A Loan or Loan, Term B Loan, Term C Loan, and Term D Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B D Loan may be re-borrowedre‑borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower (i) on the Effective Original Closing Date and (ii) on September 28, 2021 in an aggregate principal amount of Ten Twenty Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date20,000,000.00) (such term loans are hereinafter referred to singly as an “Original Term A Existing Loan”, and collectively as the “Original Term A Existing Loans”). After repayment, no Existing Loan may be re-borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, jointly to make term loans to Borrower on the Second Amendment Closing Date in an aggregate principal amount of Ten Twenty Million Dollars ($10,000,000.00) 20,000,000.00), according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may the proceeds of which shall be re-borrowedused to repay the Existing Loans in full. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate principal amount up to Ten of Five Million Dollars ($10,000,000.00) 5,000,000.00), according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re borrowed (iv) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate principal amount up to Fifteen Million Dollars ($15,000,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Closing Date in an aggregate amount of Ten Twenty Million Dollars ($10,000,000.0020,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Twenty Million Dollars ($10,000,000.00) 20,000,000.00), but in a minimum amount of Fifteen Million Dollars ($15,000,000.00), according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate amount up to Twenty Million Dollars ($20,000,000.00), but in a minimum amount of Ten Million Dollars ($10,000,000.00), according to each Lender’s Term C Loan Commitment as set forth on Schedule 1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”); provided that, the aggregate amount of the Term Loans shall not exceed Fifty Million Dollars ($50,000,000.00). After repayment, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten up to Three Million Dollars ($10,000,000.003,000,000) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Eight Million Five Hundred Thousand Dollars ($10,000,000.008,500,000) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate amount up to Eight Million Five Hundred Thousand Dollars ($8,500,000) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, the Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, Borrower shall request on the Effective Date and the Lenders, severally and not jointly, made shall make one (1) term loans loan advance to Borrower on or about the Effective Date in an aggregate original principal amount of Ten Twenty Million Dollars ($10,000,000.0020,000,000.00) according to each Lender’s Term Loan A Loan Commitment as set forth on Schedule 1.1 1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term Loan A LoansAdvance”). (ii) . Subject to the terms and conditions of this Agreement, upon Borrower’s request, during the Lenders agreeTerm Loan B Draw Period, the Lenders, severally and not jointly, to shall make term loans to Borrower on the Second Amendment Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans loan advances available to Borrower in an aggregate original principal amount of up to Ten Million Dollars ($10,000,000.00) according to each Lender’s Term Loan B Loan Commitment as set forth on Schedule 1.1 1 hereto (each such advance is referred to herein as a “Term Loan B Advance” and, collectively, as the “Term Loan B Advances”). Subject to the terms and conditions of this Agreement, upon Borrower’s request, during the Term Loan C Draw Period, the Lenders, severally and not jointly, shall make one (1) term loans loan advance available to Borrower in an original principal amount of Five Million Dollars ($5,000,000.00) (the Term Loan C Advance”), provided, however, that, at any time after a Term Loan D Advance has been made to Borrower, the Lenders shall have no obligation to make the Term Loan C Advance if the outstanding principal amount of all Term Loan Advances would exceed the Revenue-Based Availability Amount immediately following the funding of the Term Loan C Advance. Subject to the terms and conditions of this Agreement, upon Borrower’s request, during the Term Loan D Draw Period, the Lenders, severally and not jointly, shall make term loan advances available to Borrower in an aggregate original principal amount of up to Twenty Five Million Dollars ($25,000,000.00) (each such advance is referred to herein as a “Term Loan D Advance” and, collectively, as the “Term Loan D Advances”), provided, however, that the Lenders shall have no obligation to make a Term Loan D Advance if (i) the Term Loan B Draw Period has commenced and has not expired and there remains any amount to be drawn pursuant to the second sentence of this Section 2.2(a), (ii) the Term Loan C Draw Period has commenced and has not expired and there remains any amount to be drawn pursuant to the third sentence of this Section 2.2(a) or (iii) the outstanding principal amount of all Term Loan Advances would exceed the Revenue-Based Availability Amount immediately following the funding of such Term Loan D Advance. Each Term Loan B Advance and each Term Loan D Advance must be in an amount equal to at least Five Million Dollars ($5,000,000.00). The Term Loan A Advance, each Term Loan B Advance, the Term Loan C Advance and each Term Loan D Advance are hereinafter referred to singly as a “Term B Loan”, Loan Advance” and collectively as the “Term B LoansLoan Advances”; each Term A Loan or Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B Loan Advance (or any portion thereof) may be re-borrowedreborrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Fifty Million Dollars ($10,000,000.0050,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten of One Hundred Million Dollars ($10,000,000.00100,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate amount of Seventy Five Million Dollars ($75,000,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”). After repayment, no Term C Loan may be re-borrowed. (iv) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Fourth Draw Period, to make term loans to Borrower in an aggregate amount of Seventy Five Million Dollars ($75,000,000.00) according to each Lender’s Term D Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term D Loan”, and collectively as the “Term D Loans”). After repayment, no Term D Loan may be re-borrowed. (v) Subject to the terms and conditions of this Agreement, the Lenders may prior to the Amortization Date, in their sole discretion and upon Bxxxxxxx’s request, agree to make term loans to Borrower in an aggregate amount equal to One Hundred Million Dollars ($100,000,000.00) and, if made, according to a commitment schedule to be provided by the Lenders prior to the Funding Date of such Term Loans (such term loans are hereinafter referred to singly as a “Term E Loan”, and collectively as the “Term E Loans”; each Term A Loan or Loan, Term B Loan, Term C Loan, Term D Loan and Term E Loan is hereinafter referred to singly as a “Term Loan” ”, and the Term A Loans, the Term B Loans, the Term C Loans, the Term D Loans and the Term B E Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B E Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the LendersLenders agree, severally and not jointly, made to make term loans to Borrower on the Effective Date in an aggregate principal amount of Ten Seventy Five Million Dollars ($10,000,000.0075,000,000.00) according to each Lender’s Term A A1 Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an a “Original Term A A1 Loan”, and collectively as the “Original Term A A1 Loans”). After repayment, no Term A1 Loan may be re-borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Date in an aggregate principal amount of up to (x) prior to the Term A2 Loan Prepayment Date, Ten Million Dollars ($10,000,000.0010,000,000) and (y) from and after the Term A2 Loan Prepayment Date, Zero Dollars ($0), according to each Lender’s New Term A A2 Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A A2 Loan”, and collectively as the “New Term A2 Loans”; each Term A1 Loan and Term A2 Loan, is hereinafter referred to singly as a “Term A Loans,Loan” and together with the Original Term A A1 Loans and Term A2 Loans, are hereinafter referred to collectively as the “Term A Loans”). After repayment, no Term A A2 Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate principal amount of up to Ten (x)(A) prior to the Term A2 Loan Prepayment Date, Two Million Five Hundred Thousand Dollars ($10,000,000.002,500,000) and (B) from and after the Term A2 Loan Prepayment Date, Twelve Million and Five Hundred Thousand Dollars ($12,500,000) minus (y) any portion of any Term C Loans comprised of Term B Loan Commitments, according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iv) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate principal amount of up to (x) Twelve Million and Five Hundred Thousand Dollars ($12,500,000) plus (y) the undrawn amount of Term B Loan Commitments, according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”). After repayment, no Term C Loan may be re-borrowed. For the avoidance of doubt, the maximum aggregate amount of all Term B Commitments plus all Term C Loan Commitments shall not exceed Twenty-Five Million Dollars ($25,000,000). (v) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Fourth Draw Period, to consider, in their sole and unfettered discretion, making term loans to Borrower in an aggregate principal amount of up to Twenty Five Million ($25,000,000) (such term loans are hereinafter referred to singly as a “Term D Loan”, and collectively as the “Term D Loans”; each Term A Loans, Term B Loan, Term C Loan or Term B D Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and Loans, the Term B Loans, the Term C Loans and Term D Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B D Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Seven Million Five Hundred Thousand Dollars ($10,000,000.007,500,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowedre‑borrowed. (iiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Twelve Million Five Hundred Thousand Dollars ($10,000,000.0012,500,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”; each Term A Loan or Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”). Each Term B Loan must be in an amount equal to the lesser of Five Million Dollars ($5,000,000.00) or the amount that has not yet been drawn under the Term B Loan Commitment as set forth on Schedule 1.1 hereto. After repayment, no Term B Loan may be re-borrowedre‑borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Term A Draw Period, to make term loans to Borrower on the Second Amendment Date in an aggregate principal amount of Ten up to Twenty Million Dollars ($10,000,000.0020,000,000.00) according to each Lender’s New Term Loan Commitment for Term A Loan Commitment Loans as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). Subject to the terms and conditions of this Agreement, the Term A Loans may be drawn (i) in full on the Effective Date, or (ii) in three (3) drawings as follows: (A) an initial drawing on the Effective Date in an amount of not less than Ten Million Dollars ($10,000,000.00), and (B) two (2) subsequent drawings after the Effective Date but prior to the end of the Term A Draw Period, in an amount not less than Five Million Dollars ($5,000,000.00) or, if less, the remaining undrawn portion of the Term Loan Commitment for the Term A Loans (as set forth on Schedule 1.1). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this AgreementAgreement and the prior satisfaction of the Term B Conditions, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate principal amount of up to Ten Million Dollars ($10,000,000.00) according to each Lender’s Term B Loan Commitment for Term B Loans as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”; each Term A Loan or Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) and disbursed in a single advance according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowedre‑borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Term B Draw Period, to make term loans to Borrower in an aggregate amount up to the lesser of (x) Ten Million Dollars ($10,000,000.00) and (y) the entire remaining principal amount of the Term Loan Commitment which remains unutilized, and disbursed in a single advance according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”. After repayment, no Term B Loan may be re‑borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Term C Draw Period, to make term loans in an aggregate amount up to the lesser of (x) Twenty Million Dollars ($20,000,000.00) and (y) the entire remaining principal amount of the Term Loan Commitment which remains unutilized, and disbursed in a single advance according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”). After repayment, no Term C Loan may be re‑borrowed. (iv) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Term D Draw Period, to make term loans in an aggregate amount up to the lesser of (x) Twenty Million Dollars ($20,000,000.00) and (y) the entire remaining principal amount of the Term Loan Commitment which remains unutilized, and disbursed in a single advance according to each Lender’s Term D Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term D Loan”, and collectively as the “Term D Loans”. After repayment, no Term D Loan may be re‑borrowed. (v) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Term E Draw Period, to make term loans in an aggregate amount up to the lesser of (x) Twenty Million Dollars ($20,000,000.00) and (y) the entire remaining principal amount of the Term Loan Commitment which remains unutilized, and disbursed in a single advance according to each Lender’s Term E Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term E Loan”, and collectively as the “Term E Loans”; each Term A Loan or Loan, Term B Loan, Term C Loan, Term D Loan and Term E Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and Loans, the Term B Loans, the Term C Loans, the Term D Loans and Term E Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B E Loan may be re-borrowedre‑borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate principal amount of Ten Thirty Million Dollars ($10,000,000.00) 30,000,000.00), and disbursed in a single advance according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Term B Loan Draw Period, to make term loans to Borrower in an aggregate principal amount up to of Ten Million Dollars ($10,000,000.00) ), and disbursed in a single advance according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Term C Loan Draw Period, to make term loans to Borrower in an aggregate principal amount of Fifteen Million Dollars ($15,000,000.00), and disbursed in a single advance according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”). After repayment, no Term C Loan may be re-borrowed. (iv) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Term D Loan Draw Period, to make term loans to Borrower in an aggregate principal amount of Ten Million Dollars ($10,000,000.00), and disbursed in a single advance according to each Lender’s Term D Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term D Loan”, and collectively as the “Term D Loans”; each Term A Loan, Term B Loan, Term C Loan or Term B D Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, the Term B Loans, the Term C Loans and the Term B D Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B D Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Date in an aggregate amount of Ten up to Seventeen Million Two Hundred Fifty Thousand Dollars ($10,000,000.0017,250,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto hereto. The Term Loans shall be available in two (such term loans are hereinafter referred to singly as a 2) tranches. The first tranche (“New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may ) shall be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up equal to Ten Six Million Two Hundred Fifty Thousand Dollars ($10,000,000.006,250,000.00) according to each Lender’s Term B Loan Commitment as set forth and shall be advanced on Schedule 1.1 hereto the Effective Date. The second tranche (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”; each Term A Loan or and Term B Loan is hereinafter are each referred to singly herein individually as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no ) shall be made available by the Lenders during the Term B Loan may Draw Period in an amount equal to Eleven Million Dollars ($11,000,000.00) in a single advance. In the event Borrower does not request the Term B Loan during the Term B Loan Draw Period, the Lenders may, in their discretion, advance the Term B Loan to Borrower on December 31, 2011, without such request by Borrower, after which advance Borrower will be re-borroweddeemed to have received said Term Loan B for all purposes hereafter. Notwithstanding anything to the contrary contained in the foregoing or anywhere else in this Agreement or any other Loan Document, (x) the Lenders shall not have any obligation to make any advances under the Term B Loan Commitments until the commencement of the Term B Loan Draw Period, and from the Effective Date until the commencement of the Term B Loan Draw Period, for all purposes under this Agreement, the Term B Loan Commitments and the Term B Loan Commitment of each Lender shall be deemed to be zero ($0), and (y) from the Effective Date until the commencement of the Term B Loan Draw Period, for all purposes under this Agreement, the Term Loan Commitments shall be deemed to be Term A Loan Commitments and the Term Loan Commitment of each Lender shall be deemed to be such Lender’s Term A Loan Commitment. Any portion of the Term B Loan Commitments not funded as of the close of business on the date which is five (5) Business Days after the end of the Term B Loan Draw Period shall thereupon automatically be terminated and the Term B Loan Commitment of each Lender as of such date shall be reduced by such Lender’s Pro Rata Share of such total reduction in the Term B Loan Commitments. Each Lender’s obligation to fund the applicable Term Loan shall be limited to such Lender’s Term A Loan Commitment or Term B Loan Commitment, as applicable, and no Lender shall have any obligation to fund any portion of any Term Loan required to be funded by any other Lender, but not so funded. Borrower shall not have any right to reborrow any portion of any Term Loan that is repaid or prepaid from time to time.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans Lender agrees to Borrower make to Borrowers on the Effective Closing Date in an aggregate amount of Ten Million Dollars a term loan ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as ) in an aggregate principal amount equal to the “Original Term A Loans”)Loan Amount. When repaid, in whole or in part, the Term A Loan may not be re-borrowed. Lender’s obligation to lend under this Section 2.3(a)(i) shall terminate upon the making of the Term A Loan as provided above. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, Lender agrees to make to Borrowers one or more additional term loans to Borrower on (each, a “Term B Loan” and collectively, the Second Amendment Date “Term B Loans”) in an aggregate amount of Ten Million Dollars up to the Term B Loan Amount, at the request of Borrowers, on or before February 20, 2022, so long as (W) no Event of Default has occurred on or prior to the date of any such borrowing, (X) the minimum amount of each Term B Loan shall be $10,000,000.001,000,000, (Y) according to each Lender’s New Borrowers shall have achieved $15,000,000 of Revenue for the trailing six month period as of the end of the month immediately preceding the proposed funding date of such Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A B Loan”, and collectively as (Z) the “New Term A Loans,” and together with the Original Term A LoansSwiss Security Conditions have been satisfied. When repaid, in whole or in part, the “Term A Loans”). After repayment, no Term A Loan B Loans may not be re-borrowed. Lender’s obligation to lend under this Section 2.3(a)(ii) shall terminate upon (A) the making an aggregate amount of Term B Loans equal to the Term B Loan Amount or (B) the occurrence of any Event of Default. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, Lender agrees to make to Borrowers one or more additional term loans to Borrower in an aggregate amount up to Ten Million Dollars ($10,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as each, a “Term B C Loan”” and collectively, and collectively as the “Term B C Loans”; each together with the Term A Loan or and the Term B Loan is hereinafter referred to singly as Loans, each a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as collectively, the “Term Loans”)) in an aggregate amount of up to the Term C Loan Amount, at the request of Borrowers, on or before February 20, 2022, so long as (W) no Event of Default has occurred on or prior to the date of any such borrowing, (X) the minimum amount of each Term C Loan shall be $1,000,000, (Y) Borrowers shall have achieved $20,000,000 of Revenue for the trailing six month period as of the end of the month immediately preceding the proposed funding date of such Term C Loan and (Z) the Swiss Security Conditions have been satisfied. After repaymentWhen repaid, no in whole or in part, the Term B Loan C Loans may not be re-borrowed. Lender’s obligation to lend under this Section 2.3(a)(iii) shall terminate upon (A) the making an aggregate amount of Term C Loans equal to the Term C Loan Amount or (B) the occurrence of any Event of Default.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make a single term loans loan to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Forty Million Dollars ($10,000,000.0040,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make a single term loans loan to Borrower in an aggregate amount up to Ten of Twenty Million Dollars ($10,000,000.0020,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make a single term loan to Borrower in an aggregate amount of not less than Ten Million Dollars ($10,000,000.00) but not more than Twenty Million Dollars ($20,000,000.00) and only in increments of One Million Dollars ($1,000,000.00) according to each Lender’s Term Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, the Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.”

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate principal amount of Ten Sixteen Million Dollars ($10,000,000.0016,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowedhereto. (iiiii) Subject to satisfaction of the Second Draw Conditions as of the date of such advance and the other terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate principal amount of up to Ten Five Million Dollars ($10,000,000.005,000,000) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”; ). (iii) The Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate principal amount of One Million Dollars ($1,000,000) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans” each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” ”, and the Term A Loans, Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). . (iv) After repayment, no Term B Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this the Prior Agreement, prior to the LendersEffective Date, severally and not jointly, Xxxxxx made a term loans loan to Borrower on the Effective Date in an aggregate principal amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an the, “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Date Effective Date, as follows: (1) The secured promissory note issued by Borrower evidencing the Original Term A Loan made by Oxford on May 4, 2022 in an aggregate principal amount of equal to Ten Million Dollars ($10,000,000.00), shall be replaced with an amended and restated secured promissory note in the same amount; and (2) The Lenders shall make term loans to Borrower in an aggregate principal amount equal to Twenty Million Dollars ($20,000,000.00) ratably according to each Lender’s New respective Term A Loan Commitment (after giving effect to the Original Term A Loan) as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with ”; the Original Term A LoansLoan, as well as each New Term A Loan is hereinafter referred to singly as a “Term A Loan” and collectively as the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Term B Draw Period, to make term loans to Borrower in an aggregate principal amount up to Ten Thirty-Five Million Dollars ($10,000,000.0035,000,000.00) to be disbursed in a single advance equal to or greater than Twenty Million Dollars ($20,000,000) on the Funding Date of the initial Term B Loan, ratably according to each Lender’s respective Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. If the Term B Draw Period terminates on December 31, 2025 (other than as the result of an Event of Default), up to Fifteen Million Dollars ($15,000,000) of the remaining amount of the Term B Loan Commitment on December 31, 2025 shall be added to the Term C Loan Commitment (such additional amount, the “Additional Term C Loan Commitment Amount”) effective as of January 1, 2026 on a pro rata basis in accordance with the Commitment Percentage for the Term C Loans. (iv) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Term C Draw Period, to make term loans to Borrower in an aggregate principal amount equal to Thirty-Five Million Dollars ($35,000,000.00), plus the Additional Term C Loan Commitment Amount, if any, and disbursed during the Term C Draw Period ratably according to each Lender’s respective Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”). After repayment, no Term C Loan may be re-borrowed. (v) Subject to the terms and conditions of this Agreement, the Lenders may, in their sole discretion upon Xxxxxxxx’s request, agree to make term loans to Borrower prior to the ACTIVE\1606862447.7 Amortization Date in an aggregate principal amount equal to Fifty Million Dollars ($50,000,000.00) disbursed in a single advance and, if made, according to a commitment schedule to be provided by the Lenders prior to the Funding Date of such term loans (such term loans are hereinafter referred to singly as a “Term D Loan”, and collectively as the “Term D Loans”; each Term A Loan, Term B Loan, Term C Loan or Term B D Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, the Term B Loans, the Term C Loans and the Term B D Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B D Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower Borrower, on the Second Amendment Date Effective Date, in an aggregate amount of Ten Twenty-Five Million Dollars ($10,000,000.0025,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowedre‑borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Twenty-Five Million Dollars ($10,000,000.0025,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re‑borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period,, to make term loans to Borrower in an aggregate amount up to Fifty Million Dollars ($50,000,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”). After repayment, no Term C Loan may be re‑borrowed. (iv) Subject to the terms and conditions of this Agreement, upon Borrower’s written request therefor prior to the Amortization Date, the Lenders may agree, in their sole discretion, severally and not jointly, to make term loans to Borrower in an aggregate amount up to Fifty Million Dollars ($50,000,000.00) according to each Lender’s Term D Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term D Loan”, and collectively as the “Term D Loans”; each Term A Loan, DMS 22024654.13 Term B Loan, Term C Loan or Term B D Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, Term B Loans, Term C Loans and the Term B D Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B D Loan may be re-borrowedre‑borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate principal amount of Ten Thirty Five Million Dollars ($10,000,000.0035,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth opposite such Xxxxxx’s name on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this AgreementAgreement and the Fourth Amendment, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower on the Fourth Amendment Effective Date in an aggregate principal amount up to Ten of Two Million Five Hundred Thousand Dollars ($10,000,000.002,500,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, ” and collectively as the “Term B Loans”; each Term A Loan or ). After repayment, no Term B Loan is may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, after the Fourth Amendment Effective Date, in the Lenders’ sole and absolute discretion and subject to the Lenders’ credit approval, to make term loans to Borrower in an aggregate principal amount of up to Twenty Two Million Five Hundred Thousand Dollars ($22,500,000) (such term loans are hereinafter referred to singly as a “Term C Loan” and collectively as the “Term C Loans”; each of the Term A Loans, the Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, including those specifically enumerated in Section 3.2 hereof, the LendersLenders agree, severally and not jointly, made to make term loans to Borrower Borrower, on the Effective Date November 5, 2021, in an aggregate principal amount of Ten Five Million Dollars ($10,000,000.005,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an a “Original Term A Loan”, and collectively as the “Original Term A Loans”). After repayment, no Term A Loan may be re‑borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Term B Loan Draw Period, to make term loans to Borrower in an aggregate amount up to Ten of Twenty Million Dollars ($10,000,000.0020,000,000.00) and disbursed in a single advance according to each Lender’s Term B Loan [***] Certain confidential information contained in this document, marked by brackets, has been omitted because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed. CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT HAS BEEN OMITTED BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. INFORMATION THAT HAS BEEN OMITTED HAS BEEN NOTED IN THIS DOCUMENT WITH A PLACEHOLDER IDENTIFIED BY THE XXXX “[***]”. Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”; ). After repayment, no Term B Loan may be re‑borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders may, in their sole and absolute discretion, agree to make term loans to Borrower prior to the Amortization Date in an aggregate amount of Twenty-Five Million Dollars ($25,000,000.00) and disbursed in a single advance, and, if and when made, according to a commitment schedule to be provided by the Lenders prior to the Funding Date of such term loans (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”, each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowedre‑borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Twenty-Five Million Dollars ($10,000,000.0025,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Five Million Dollars ($10,000,000.005,000,000.00) and disbursed in a single advance according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Million Dollars ($10,000,000.00) and disbursed in a single advance according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”). After repayment, no Term C Loan may be re-borrowed. (iv) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Fourth Draw Period, to make term loans to Borrower in an aggregate amount up to Five Million Dollars ($5,000,000.00) and disbursed in a single advance according to each Lender’s Term D Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term D Loan”, and collectively as the “Term D Loans”). After repayment, no Term D Loan may be re-borrowed. (v) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Fifth Draw Period, to make term loans to Borrower in an aggregate amount up to Five Million Dollars ($5,000,000.00) and disbursed in a single advance according to each Lender’s Term E Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term E Loan”, and collectively as the “Term E Loans”). After repayment, no Term E Loan may be re-borrowed. (vi) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Sixth Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Million Dollars ($10,000,000.00) and disbursed in a single advance according to each Lender’s Term F Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term F Loan”, and collectively as the “Term F Loans”; each Term A Loan or Loan, Term B Loan, Term C Loan, Term D Loan, Term E Loan, and Term F Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Loans, Term B Loans, Term C Loans, Term D Loans, Term E Loans, and Term F Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B F Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the LendersLenders agree, severally and not jointly, made to make term loans to Borrower on the Effective Date in an aggregate amount of Ten Eleven Million Dollars ($10,000,000.0011,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an a “Original Term A Loan”, and collectively as the “Original Term A Loans”). After repayment, no Term A Loan may be re‑borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Date in an aggregate amount of Ten Five Million Five Hundred Thousand Dollars ($10,000,000.005,500,000.00) according to each Lender’s New Term A A-1 Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A A-1 Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A A-1 Loans”). After repayment, no Term A A-1 Loan may be re-borrowedre‑borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Four Million Five Hundred Thousand Dollars ($10,000,000.004,500,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iv) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate amount up to Five Million Dollars ($5,000,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term A-1 Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, Term A-1 Loans, Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowedre‑borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the LendersLenders agree, severally and not jointly, made to make a term loans loan to Borrower on the Effective Date effective date in an aggregate principal amount of Ten up to Fifteen Million Dollars ($10,000,000.0015,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on in Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”). After repayment, and collectively as the “Original Term A Loans”)Loan may not be re-borrowed. The parties hereby acknowledge that the Term A Loan was funded in its entirety on the Effective Date. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make a term loans loan to Borrower on during the Second Amendment Date Term B Draw Period in an aggregate principal amount of Ten up to Twenty Million Dollars ($10,000,000.0020,000,000.00) according to each Lender’s New Term A B Loan Commitment as set forth on in Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A LoansB Loan”). After repayment, no the Term A B Loan may not be re-borrowed. (iii) Subject to the Borrower having first achieved the Term B Milestone by the expiration of the Term B Draw Period and the other terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make a term loan to Borrower during the Second Term C Draw Period, to make term loans to Borrower Period in an aggregate principal amount of up to Ten Million Dollars ($10,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on in Schedule 1.1 hereto (such the “Term C Loan”). After repayment, the Term C Loan may not be re-borrowed. (iv) Subject to the Borrower having first achieved the Term B Milestone by the expiration of the Term B Draw Period and the other terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make a term loans are hereinafter referred loan to singly Borrower during the Term D Draw Period in an aggregate principal amount of up to Twenty Million ($20,000,000.00) according to each Lender’s Term Loan Commitment as set forth in Schedule 1.1 hereto (the “Term D Loan”). After repayment, the Term D Loan may not be re-borrowed. (v) Subject to the Borrower having first achieved the Term B Milestone by the expiration of the Term B Draw Period and the other terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make a term loan to Borrower during the Term E Draw Period in an aggregate principal amount of up to Ten Million ($10,000,000.00) according to each Lender’s Term Loan Commitment as set forth in Schedule 1.1 hereto (the “Term E Loan;” each Term A Loan, Term B Loan”, Term C Loan, Term D Loan and collectively as the “Term B Loans”; each Term A Loan or Term B E Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Loan, Term B Loans Loan, Term C Loan, Term D Loan and Term E Loan are hereinafter referred to collectively as the “Term Loans”). After repayment, no the Term B E Loan may not be re-borrowed.

Availability. (i) Subject to the terms and conditions of this the Original Agreement, the Lenders, severally and not jointly, made term loans loaned to Borrower on the Effective Date (as defined in the Original Agreement) an aggregate amount of Ten Million Dollars ($10,000,000.00) advance according to each Original Lender’s Term A Loan Commitment (as defined in the Original Agreement) as set forth on Schedule 1.1 hereto (as in effect prior to of the Second Amendment Date) Original Agreement (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”) in the principal aggregate amount of Seven Million and Five Hundred Thousand Dollars ($7,500,000), all of which principal aggregate amount remains outstanding on the date hereof and shall, as of the Effective Date, be governed by the terms and provisions of this Agreement. After repayment, no Original Term Loans may be re-borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Seven Million and Five Hundred Thousand Dollars ($10,000,000.007,500,000) (which, for the purposes of clarity, shall not include the entire aggregate principal amount of Original Term Loans outstanding on the Effective Date) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount of up to Ten Five Million Dollars ($10,000,000.00) 5,000,000), in one or more tranches of at least One Million Dollars ($1,000,000), each according to each Lender’s Term B Loan Commitment for the Term B Loans as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iv) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate amount of up to Five Million Dollars ($5,000,000), in one or more tranches of at least One Million Dollars ($1,000,000) each according to each Lender’s Term Loan Commitment for the Term C Loans as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan or Loan, Term B Loan, Term C Loan and Original Term Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, Term B Loans, Term C Loans and the Original Term B Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, on the Effective Date, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Fifteen Million Dollars ($10,000,000.0015,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Effective Date) (such term loans are hereinafter referred to singly as an a “Original Term A Loan”, and collectively as the “Original Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw PeriodEffective Date, to make term loans to Borrower in an aggregate amount up equal to Ten Five Million Dollars ($10,000,000.005,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. WEST\281371227.3 (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Draw Period, to make term loans to Borrower in an aggregate amount equal to Five Million Dollars ($5,000,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and Loans, the Term B Loans and Term C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.”

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date satisfaction (or waiver in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to accordance with the terms hereof) of the conditions precedent contained in Sections 3.1 and conditions of this Agreement3.2, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate principal amount of Ten One Hundred Million Dollars ($10,000,000.00100,000,000.00) according to each Lender’s New Term Loan Commitment for the Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to herein singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to (A) Borrower achieving the terms Second Draw Minimum Revenue as of the last day of the month ending immediately prior to such draw for which financial statements have been (or were required to be) delivered to the Collateral Agent and the Lenders pursuant to Section 6.2(a)(i) and (B) the satisfaction of the conditions of this Agreementprecedent contained in Section 3.2, the Lenders agree, severally and not jointly, during at any time prior to the Second Draw PeriodTermination Date, to make term loans to Borrower in an aggregate principal amount of up to Ten Twenty Five Million Dollars ($10,000,000.0025,000,000.00) according to each Lender’s Term Loan Commitment for the Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to herein singly as a “Term B Loan”, and collectively as the “Term B Loans”; each Term A Loan or Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter collectively referred to collectively herein as the “Term Loans”). After repayment, no Term B Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Fifteen Million Dollars ($10,000,000.0015,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans available to Borrower in an aggregate amount up to Ten Million Dollars ($10,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”), which Term B Loans may be drawn at Borrower’s option. After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders may, in their sole discretion during the Third Draw Period, agree to make term loans to Borrower in an aggregate amount of Ten Million Dollars ($10,000,000.00), and, when made, according to a commitment schedule to be provided by the Lenders prior to the Funding Date of such term loans (the “Term C Loan”; each Term A Loan or Loan, Term B Loan and Term C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans Loan, the Term B Loan and the Term B Loans C Loan are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Date in an aggregate amount of Ten Three Million Dollars ($10,000,000.003,000,000) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Two Million Dollars ($10,000,000.002,000,000) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate amount up to Three Million Dollars ($3,000,000) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, the Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Closing Date in an aggregate amount of Ten Fifty Million Dollars ($10,000,000.0050,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 2.1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Million Dollars ($10,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 2.1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Million Dollars ($10,000,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 2.1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, the Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate principal amount of Ten Thirty Five Million Dollars ($10,000,000.0035,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth opposite such Xxxxxx’s name on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New “ Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this AgreementAgreement and the Fourth Amendment, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower on the Fourth Amendment Effective Date in an aggregate principal amount up to Ten of Two Million Five Hundred Thousand Dollars ($10,000,000.002,500,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, ” and collectively as the “Term B Loans”; each Term A Loan or ). After repayment, no Term B Loan is may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement and the Fifth Amendment, the Lenders agree, severally and not jointly, after the Fifth Amendment Effective Date, so long as requested by the Borrower to be funded on or prior to October 6, 2023, to make term loans to Borrower in an aggregate principal amount of up to Twenty Two Million Five Hundred Thousand Dollars ($22,500,000) (such term loans are hereinafter referred to singly as a “Term C Loan” and collectively as the “Term C Loans”; each of the Term A Loans, the Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on or as soon after the Second Amendment Effective Date as is reasonably practical in an aggregate amount of Ten One Million Dollars ($10,000,000.001,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Six Million Dollars ($10,000,000.006,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate amount up to Eight Million Dollars ($8,000,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, the Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the LendersLenders agree, severally and not jointly, made during the Term A Draw Period, to make term loans to Borrower on the Effective Date in an aggregate principal amount of up to Twenty-Five Million Dollars ($25,000,000.00) to be disbursed in an amount equal to Ten Million Dollars ($10,000,000.00) on the Effective Date made by the Lenders ratably according to each Lender’s respective Term A Loan Commitment as set forth on Schedule 1.1 hereto (the “Term A-1 Loan”), with the remaining amount available to be disbursed in up to three (3) additional single advances ratably according to each Lender’s respective Term A Loan Commitment as in effect prior to set forth on Schedule 1.1 hereto (along with the Second Amendment Date) (Term A-1 Loan, such term loans are hereinafter referred to singly as an a “Original Term A Loan”, and collectively as the “Original Term A Loans”). Each disbursement of Term A Loans after the Effective Date shall be in an aggregate amount of at least Five Million Dollars ($5,000,000.00) and, unless the entire remaining amount of the Term A Loan Commitment will be disbursed at such disbursement, in a denomination that is a whole number multiple of Five Million Dollars ($5,000,000.00). After repayment, no Term A Loan may be re-borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Term B Draw Period, to make term loans to Borrower in an aggregate principal amount up equal to Ten Twenty-Five Million Dollars ($10,000,000.0025,000,000.00) and disbursed in a single advance ratably according to each Lender’s respective Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Term C Draw Period, to make term loans to Borrower in an aggregate principal amount equal to Twenty-Five Million Dollars ($25,000,000.00) and disbursed in a single advance ratably according to each Lender’s respective Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”). After repayment, no Term C Loan may be re-borrowed. (iv) Subject to the terms and conditions of this Agreement, the Lenders may, in their sole discretion upon Borrower’s request, agree to make term loans to Borrower prior to the Amortization Date in an aggregate principal amount equal to Twenty-Five Million Dollars ($25,000,000.00) disbursed in a single advance and, if made, according to a commitment schedule to be provided by the Lenders prior to the Funding Date of such term loans (such term loans are hereinafter referred to singly as a “Term D Loan”, and collectively as the “Term D Loans”; each Term A Loan, Term B Loan, Term C Loan or Term B D Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, the Term B Loans, the Term C Loans and the Term B D Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B D Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the LendersLenders agree, severally and not jointly, made to make a term loans loan to Borrower on during the Effective Date Term A-1 Draw Period in an aggregate principal amount of Ten Seventeen Million Five Hundred Thousand Dollars ($10,000,000.0017,500,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A A-1 Loan”). After repayment, and collectively as the “Original Term A Loans”)A-1 Loan may not be re-borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make a term loans loan to Borrower on during the Second Amendment Date Term A-2 Draw Period in an aggregate principal amount of Ten Two Million Five Hundred Thousand Dollars ($10,000,000.002,500,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter the “Term A-2 Loan;” each Term A-1 Loan and Term A-2 Loan is referred to singly as a “New Term A Loan”, ” and Term A-1 Loan and Term A-2 Loan are referred to collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no the Term A A-2 Loan may not be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make a term loan to Borrower during the Second Term B Draw Period, to make term loans to Borrower Period in an aggregate principal amount up to Ten of Five Million Dollars ($10,000,000.005,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a the “Term B Loan”, and collectively as the “Term B Loans”; ;” each Term A Loan or and Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans Loan and the Term B Loans Loan are hereinafter referred to collectively as the “Term Loans”). After repayment, no the Term B Loan may not be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten One Hundred Sixty Million Dollars ($10,000,000.00160,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowedre‑borrowed. (iiiii) Subject to the terms and conditions of this AgreementAgreement and, with respect to each requested Term B Loan, achievement of the Term B Milestone, the Lenders agree, severally and not jointly, during the Second Draw Period, to make one or more term loans to Borrower in an aggregate amount up to Ten Sixty-Five Million Dollars ($10,000,000.0065,000,000.00) and in minimum increments of Five Million Dollars ($5,000,000), according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”; each Term A Loan or Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B Loan may be re-borrowedre‑borrowed. (iii) Subject to the terms and conditions of this agreement and each participating Lender’s discretionary approval, Lenders may, upon Borrower Representative’s written request, severally and not jointly, at any time prior to the Amortization Date, agree to make additional loans to Borrowers in an aggregate principal amount up to Fifty Million Dollars ($50,000,000) and with respect to each Lender in such amounts as approved at such time (such term loans are hereinafter referred to singly as “Term C Loan” and collectively, the “Term C Loans”, and together with Term A Loan or Term B Loan collectively, the “Term Loans”, and each, a “Term Loan”). After repayment, no Term C Loan may be re‑borrowed. Each Original Lender shall have the right to participate in providing any Term C Loans, provided that such Original Lender shall have confirmed its participation within five (5) Business Days of the date of the initial request therefor, and provided that each Original Lender that so confirmed its participation shall be entitled to fund an amount up its Pro Rata Share of the requested Term C Loan (plus, if any Original Lender declines to participate, any amount that would be allocable to such Original Lender may be reallocated to participating Lenders according to their Pro Rata Share). For the avoidance of doubt, no Original Lender shall have any obligation to fund any Term C Loans.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Eighty Million Dollars ($10,000,000.0080,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Twenty Million Dollars ($10,000,000.0020,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate amount up to Twenty Five Million Dollars ($25,000,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the LendersLenders agree, severally and not jointly, made to make a term loans loan to Borrower on the Effective Date in an aggregate principal amount of Ten up to Twenty Two Million Five Hundred Thousand Dollars ($10,000,000.0022,500,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”). After repayment, and collectively as the “Original Term A Loans”)Loan may not be re-borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make a term loans loan to Borrower on during the Second Amendment Date Term B Draw Period in an aggregate principal amount of Ten up to Five Million Dollars ($10,000,000.005,000,000.00) according to each Lender’s New Term A B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A LoansB Loan”). After repayment, no the Term A B Loan may not be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make a term loan to Borrower during the Second Term C Draw Period, to make term loans to Borrower Period in an aggregate principal amount of up to Ten Seven Million Five Hundred Thousand Dollars ($10,000,000.007,500,000.00) according to each Lender’s Term B C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”; C Loan;” each Term A Loan or Loan, Term B Loan and Term C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans Loan, Term B Loan and the Term B Loans C Loan are hereinafter referred to collectively as the “Term Loans”). Notwithstanding anything herein to the contrary, if Borrower has achieved all of the Term B Milestones (in time for the Term B Draw Period to commence) but the Term B Loan is not drawn, then during the Term C Draw Period, upon Borrower’s request and subject to payment by Borrower to Collateral Agent of a fee of Three Hundred Fifty Thousand Dollars ($350,000.00), in addition to any other fees due and payable hereunder, the amount of Term C Loan shall be increased to Twelve Million Five Hundred Thousand Dollars ($12,500,000.00). Such fee may, at the option of Borrower, be payable in cash, in common stock of Borrower, or be added to the principal amount of the Term C Loan. After repayment, no the Term B C Loan may not be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Eleven Million Dollars ($10,000,000.0011,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Million Dollars ($10,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate amount up to Five Million Dollars ($5,000,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the LendersLenders agree, severally and not jointly, made term loans to Borrower on the Effective Date Date, to make one (1) term loan to Borrower in an aggregate amount of Ten Twenty Million Dollars ($10,000,000.0020,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”). After repayment, and collectively as the “Original Term A Loans”)Loan may not be re‑borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Term B Draw Period, to make one (1) term loans loan to Borrower on the Second Amendment Date in an aggregate amount of Ten Twenty Million Dollars ($10,000,000.0020,000,000.00) according to each Lender’s New Term A B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A LoansB Loan”). After repayment, no the Term A B Loan may not be re-borrowedre‑borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Term C Draw Period, to make one (1) term loans loan to Borrower in an aggregate amount up to Ten of Twenty Million Dollars ($10,000,000.0020,000,000.00) according to each Lender’s Term B C Loan Commitment as set forth on Schedule 1.1 hereto (the “Term C Loan”). After repayment, the Term C Loan may not be re‑borrowed. (iv) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Term D Draw Period, to make one (1) term loan to Borrower in an aggregate amount of Twenty Million Dollars ($20,000,000.00) according to each Lender’s Term D Loan Commitment as set forth on Schedule 1.1 hereto (the “Term D Loan”). After repayment, the Term D Loan may not be re‑borrowed. (v) Subject to the terms and conditions of this Agreement, the Lenders may, in their sole discretion, agree to make one (1) term loan to Borrower in an aggregate amount of Twenty Million Dollars ($20,000,000.00), and, when made, according to a commitment schedule to be provided by the Lenders prior to the Funding Date of such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as (the “Term B LoansE Loan”; each Term A Loan or Loan, Term B Loan, Term C Loan, Term D Loan and Term E Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans Loan, the Term B Loan, the Term C Loan, the Term D Loan and the Term B Loans E Loan are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B E Loan may be re-borrowedre‑borrowed.”

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate principal amount of Ten Seventy-Five Million Dollars ($10,000,000.0075,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on DMS 22658613.91 Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iii) re‑borrowed. Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate principal amount up to Ten Seventy-Five Million Dollars ($10,000,000.0075,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). Term B Loans shall be made in minimum increments of Ten Million Dollars ($10,000,000.00), or such lesser amount as shall then remain available. After repayment, no Term B Loan may be re‑borrowed. Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate principal amount up to Fifty Million Dollars ($50,000,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, the Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). Term C Loans shall be made in minimum increments of Ten Million Dollars ($10,000,000.00), or such lesser amount as shall then remain available. After repayment, no Term B C Loan may be re-borrowedre‑borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, (i) on the Lenders, severally and not jointly, 2010 Effective Date Oxford made a term loans loan to Borrower on in the Effective Date in an aggregate original principal amount of Ten Eight Million Dollars ($10,000,000.008,000,000) according (the “2010 Oxford Term Loan”), (ii) on the 2010 Effective Date Horizon made a term loan to Borrower in the original principal amount of Five Million Dollars ($5,000,000) (the “2010 Horizon Term Loan”, and together with the 0000 Xxxxxx Term Loan, the “2010 Term Loans”), (iii) Oxford agrees that on the Effective Date, Oxford shall make an additional term loan to Borrower in the aggregate amount of Five Million Seven Hundred Thirty Three Thousand Five Hundred Two Dollars and Thirty Eight Cents ($5,733,502.38) (the “2012 Oxford Term Loan”), and (iv) Horizon agrees that on the Effective Date, Horizon shall make an additional term loan to Borrower in the aggregate amount of Seven Million Seven Hundred Dollars ($7,700,000) (the “2012 Horizon Term Loan”, and together with the 0000 Xxxxxx Term Loan, the “2012 Term Loans”). On the Effective Date, a portion of the proceeds of the 2012 Horizon Term Loan will be used to repay the 2010 Horizon Term Loan in full. Upon and after the funding of the 2012 Term Loans and the repayment in full of the 2010 Horizon Term Loan on the Effective Date, each of the 0000 Xxxxxx Term Loan and the 2012 Term Loans shall be referred to herein singly as a “Term Loan”, and the 0000 Xxxxxx Term Loan and the 2012 Term Loans shall be referred to herein collectively as the “Term Loans” (provided, however, that the term “Term Loan” as used in the 0000 Xxxxxx Note (as hereinafter defined) shall refer solely to the 2010 Oxford Term Loan). Each Lender’s aggregate Term A Loan Commitment is as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”)hereto. After repayment, no Term A Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Million Dollars ($10,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”; each Term A Loan or Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate principal amount of Ten Thirty Million Dollars ($10,000,000.0030,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate principal amount of up to Ten Twenty Million Dollars ($10,000,000.0020,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement and conditioned on approval by each Lender’s credit committee in its sole discretion, the Lenders may, severally and not jointly, during the Third Draw Period, make term loans to Borrower in an aggregate principal amount of up to Twenty-Five Million Dollars ($25,000,000.00) (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, the Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the LendersLenders agree, severally and not jointly, made to make term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowedre‑borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower (but in a single disbursement) in an aggregate amount up equal to Ten Five Million Dollars ($10,000,000.005,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re‑borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower (but in a single disbursement) in an aggregate amount equal to Five Million Dollars ($5,000,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, the Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowedre‑borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, prior to the Second Amendment Effective Date, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to (X) each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Effective Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”) and (Y) each Lender’s Revolving Line Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Effective Date) (such revolving loans are hereinafter referred to collectively as the “Original Revolving Loans” and, together with the Original Term Loans, collectively, the “Original Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date as follows: 1) SVB shall make a term loan to Borrower in an aggregate amount of Ten equal to Thirteen Million Seven Hundred Fifty Thousand Dollars ($10,000,000.0013,750,000.00) according to each Lender’s New refinance the Original Term Loans by SVB (the “SVB Term A Loan Commitment as set forth on Schedule 1.1 hereto Loan”). 2) Oxford shall make a term loan to Borrower in an amount equal to Thirteen Million Seven Hundred Fifty Thousand Dollars (such term loans are hereinafter referred $13,750,000.00) to singly as a refinance the Original Term Loans by Oxford (the “New Oxford Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original SVB Term A LoansLoan, each, a “Term A Loan” and collectively, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up equal to Ten Twelve Million Five Hundred Thousand Dollars ($10,000,000.0012,500,000.00) and disbursed in a single advance according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iv) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate amount equal to Five Million Dollars ($5,000,000.00) and disbursed in a single advance according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Fifteen Million Dollars ($10,000,000.0015,000,000) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowedre‑borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Five Million Dollars ($10,000,000.005,000,000) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re‑borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate amount of Five Million Dollars ($5,000,000) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”). After repayment, no Term C Loan may be re‑borrowed. (iv) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Fourth Draw Period, to make term loans to Borrower in an aggregate amount up to Five Million Dollars ($5,000,000) according to each Lender’s Term D Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term D Loan”, and collectively as the “Term D Loans”; each Term A Loan, Term B Loan, Term C Loan or Term B D Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, Term B Loans, Term C Loans and the Term B D Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B D Loan may be re-borrowedre‑borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans Lender agrees to Borrower make to Borrowers on the Effective Closing Date in an aggregate amount of Ten Million Dollars a term loan ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as ) in an aggregate principal amount equal to the “Original Term A Loans”)Loan Amount. When repaid, in whole or in part, the Term A Loan may not be re-borrowed. Lender’s obligation to lend under this Section 2.3(a)(i) shall terminate upon the making of the Term A Loan as provided above. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, Lender agrees to make to Borrowers one or more additional term loans to Borrower on (each, a “Term B Loan” and collectively, the Second Amendment Date “Term B Loans”) in an aggregate amount of Ten Million Dollars ($10,000,000.00) according up to each Lender’s New the Term A B Loan Commitment Amount, at the request of Borrowers, on or before February 20, 2022, so long as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”[***]. When repaid, and collectively as the “New Term A Loans,” and together with the Original Term A Loansin whole or in part, the “Term A Loans”). After repayment, no Term A Loan B Loans may not be re-borrowed. Lender’s obligation to lend under this Section 2.3(a)(ii) shall terminate upon (A) the making an aggregate amount of Term B Loans equal to the Term B Loan Amount or (B) the occurrence of any Event of Default. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, Lender agrees to make to Borrowers one or more additional term loans to Borrower in an aggregate amount up to Ten Million Dollars ($10,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as each, a “Term B C Loan”” and collectively, and collectively as the “Term B C Loans”; each together with the Term A Loan or and the Term B Loan is hereinafter referred to singly as Loans, each a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as collectively, the “Term Loans”)) in an aggregate amount of up to the Term C Loan Amount, at the request of Borrowers, on or before February 20, 2022, so long as [***]. After repaymentWhen repaid, no in whole or in part, the Term B Loan C Loans may not be re-borrowed. Lender’s obligation to lend under this Section 2.3(a)(iii) shall terminate upon (A) the making an aggregate amount of Term C Loans equal to the Term C Loan Amount or (B) the occurrence of any Event of Default.

Availability. (i) Subject to the terms and conditions of this the Original Agreement, the Lenders, severally and not jointly, made loaned to Borrower advances according to each Original Lender’s Term Loan Commitment (as defined in the Original Agreement) (such term loans referred to Borrower on each individually as an “Original Term Loan” and collectively as “Original Term Loans”), of which the Effective Date in an aggregate amount of Ten Million Nine Hundred Seventy Thousand Three Hundred Twenty-Seven and 87/100 Dollars ($10,000,000.0010,970,327.87) according to each Lender’s Term A Loan Commitment remains outstanding as of the Effective Date as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “hereto. The Original Term A Loan”Loans shall, from and collectively as after the “Effective Date, be governed by the terms and provisions of this Agreement. After repayment, no Original Term A Loans”)Loans may be re-borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans lend to Borrower on the Second Amendment Date Effective Date, term loans as follows: (A) SVB shall make a term loan to Borrower in an aggregate the amount of Ten Two Million Seven Hundred Forty-Two Thousand Five Hundred Eighty-One and 95/100 Dollars ($10,000,000.002,742,581.95) according to each Lender’s New (the “SVB Pay Off Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”), the proceeds of which will be used to repay all Obligations owing from Borrower to SVB in respect of the Original Term Loans made by SVB under the Original Agreement in an amount equal to the unpaid principal balance of such Original Term Loans which remains outstanding as of the Effective Date; (B) SVB shall make a term loan to Borrower in the amount of One Million Seven Thousand Four Hundred Eighteen and collectively as 05/100 Dollars ($1,007,418.05) (the “SVB New Money Term A Loans,Loan” and together with the Original SVB Pay Off Term A LoansLoan, the “SVB Term A LoansLoan”). After repayment, no ) and the SVB Term A Loan may shall be reevidenced by a new Note to be issued in replacement of the Note issued by Borrower to SVB under the Original Agreement in the original principal face amount of Three Million One Hundred Twenty-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Million Five Thousand Dollars ($10,000,000.003,125,000.00); (C) according The Notes issued by Borrower evidencing the Original Term Loans made by Oxford under the Original Agreement shall be amended and restated to evidence the remaining principal amount outstanding under each Lender’s Term B Loan Commitment such Note as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly of the Effective Date, as a “Term B Loan”, and collectively as the “Term B Loans”; each Term A Loan or Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B Loan may be re-borrowed.follows:

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate principal amount of Ten Fifteen Million Dollars ($10,000,000.0015,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate principal amount of up to Ten Seven Million and Five Hundred Thousand Dollars ($10,000,000.007,500,000) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”. After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate principal amount of up to Seven Million and Five Hundred Thousand Dollars ($7,500,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, the Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate principal amount of Ten Thirty Five Million Dollars ($10,000,000.0035,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth opposite such Xxxxxx’s name on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this AgreementAgreement and the Fourth Amendment, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower on the Fourth Amendment Effective Date in an aggregate principal amount up to Ten of Two Million Five Hundred Thousand Dollars ($10,000,000.002,500,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, ” and collectively as the “Term B Loans”; each Term A Loan or ). After repayment, no Term B Loan is may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement and the Fifth Amendment, the Lenders agree, severally and not jointly, after the Fifth Amendment Effective Date, so long as requested by the Borrower to be funded on or prior to October 6, 2023, to make term loans to Borrower in an aggregate principal amount of up to Twenty Two Million Five Hundred Thousand Dollars ($22,500,000) (such term loans are hereinafter referred to singly as a “Term C Loan” and collectively as the “Term C Loans”; each of the Term A Loans, the Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Fifteen Million Dollars ($10,000,000.0015,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Fifteen Million Dollars ($10,000,000.0015,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Million Dollars ($10,000,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, the Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower as follows: (i) on the Second Amendment Effective Date in an aggregate principal amount of Ten Twenty-One Million Dollars ($10,000,000.0021,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no provided that a portion of the proceeds of the Term A Loans shall be used to repay in full Borrower’s outstanding Indebtedness to SolarCap under the Prior Loan may be re-borrowedAgreement (the “Prior Loan Debt”). Borrower hereby authorizes Collateral Agent to apply the proceeds of the Term A Loans to the Prior Loan Debt without actually depositing such funds in an account of Borrower (i.e., netting). (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower Period in an aggregate principal amount of up to Ten Five Million Dollars ($10,000,000.005,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”), (iii) during the Third Draw Period in an aggregate principal amount of up to Four Million Dollars ($4,000,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”); each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, the Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). ; After repayment, no Term B Loan may be re-borrowed.”

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Term A Draw Period, to make term loans to Borrower in an aggregate amount of up to Sixty Million Dollars ($60,000,000.00) to be disbursed in an amount equal to Twenty-Five Million Dollars ($25,000,000.00) on the Effective Date according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto, with the remaining Thirty-Five Million Dollars ($35,000,000.00) available to be disbursed, upon Xxxxxxxx’s request, in up to three (3) additional single advances according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans on the Effective Date and thereafter are hereinafter referred to singly as a “Term A Loan”, and collectively as the “Term A Loans”). Each disbursement of Term A Loans after the Effective Date shall be in an aggregate amount of at least Five Million Dollars ($5,000,000.00) and, unless the entire remaining amount of the Term A Loan Commitment will be disbursed at such disbursement, in a denomination that is a whole number multiple of Five Million Dollars ($5,000,000.00). After repayment, no Term A Loan may be re-borrowed. (ii) Subject to the terms and conditions of this Agreement and upon Xxxxxxxx’s request, the Lenders agree, severally and not jointly, during the Term B Draw Period, to make term loans to Borrower in an aggregate amount equal to Ten Million Dollars ($10,000,000.00) and disbursed in a single advance according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement and upon Xxxxxxxx’s request, the Lenders agree, severally and not jointly, during the Term C Draw Period, to make term loans to Borrower in an aggregate amount equal to Ten Million Dollars ($10,000,000.00) and disbursed in a single advance according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”). After repayment, no Term C Loan may be re-borrowed. (iv) Subject to the terms and conditions of this Agreement, the Lenders may, in their sole discretion, agree to make term loans to Borrower prior to the Amortization Date in an aggregate amount equal to Twenty Million Dollars ($20,000,000.00) in a single advance and, if made, according to a commitment schedule to be provided by the Lenders prior to the Funding Date of such term loans (such term loans are hereinafter referred to singly as a “Term D Loan”, and collectively as the “Term D Loans”; each Term A Loan, Term B Loan, Term C Loan or Term B D Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, the Term B Loans, the Term C Loans and the Term B D Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B D Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Twenty Million Dollars ($10,000,000.0020,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowedre‑borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up equal to Ten Million Dollars ($10,000,000.00) and disbursed in a single advance according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. [***] Certain confidential information contained in this document, marked by brackets, has been omitted because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate amount equal to Ten Million Dollars ($10,000,000.00) and disbursed in a single advance according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”). After repayment, no Term C Loan may be re-borrowed. (iv) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Fourth Draw Period, to make term loans to Borrower in an aggregate amount equal to Ten Million Dollars ($10,000,000.00) and disbursed in a single advance according to each Lender’s Term D Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term D Loan”, and collectively as the “Term D Loans”). After repayment, no Term D Loan may be re-borrowed. (v) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Fifth Draw Period, to make term loans to Borrower in an aggregate amount equal to Ten Million Dollars ($10,000,000.00) and disbursed in a single advance according to each Lender’s Term E Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term E Loan”, and collectively as the “Term E Loans”; each Term A Loan or Loan, Term B Loan, Term C Loan, Term D Loan and Term E Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, Term B Loans, Term C Loans, Term D Loans and the Term B E Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B E Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Term A Draw Period, to make term loans to Borrower in an aggregate amount of up to Ten Forty Million Dollars ($10,000,000.0040,000,000.00) to be disbursed in an amount equal to Twenty-Five Million Dollars ($25,000,000.00) on the Effective Date according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto, with the remaining Fifteen Million Dollars ($15,000,000.00) available to be disbursed, upon Xxxxxxxx’s request, in up to three (3) additional single advances according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans on the Effective Date and thereafter are hereinafter referred to singly as a “Term A Loan”, and collectively as the “Term A Loans”). Each disbursement of Term A Loans after the Effective Date shall be in an aggregate amount of at least Five Million Dollars ($5,000,000.00) and, unless the entire remaining amount of the Term A Loan Commitment will be disbursed at such disbursement, in a denomination that is a whole number multiple of Five Million Dollars ($5,000,000.00). After repayment, no Term A Loan may be re-borrowed. (ii) Subject to the terms and conditions of this Agreement and upon Xxxxxxxx’s request, the Lenders agree, severally and not jointly, during the Term B Draw Period, to make term loans to Borrower in an aggregate amount equal to Forty Million Dollars ($40,000,000.00) and disbursed in a single advance according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”; each Term A Loan or Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B Loan may be re-borrowed.”

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower in a single advance on the Second Amendment Effective Date in an aggregate amount of Ten equal to Two Million Dollars ($10,000,000.00) 2,000,000.00), according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, and solely at Borrower’s option and upon its request, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in a single advance in an aggregate amount up to Ten Sixteen Million Five Hundred Thousand Dollars ($10,000,000.0016,500,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, and solely at Borrower’s option and upon its request, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in a single advance in an aggregate amount up to Sixteen Million Five Hundred Thousand Dollars ($16,500,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, the Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Twelve Million Five Hundred Thousand Dollars ($10,000,000.0012,500,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. *** Certain information, as identified by [***], has been excluded from this agreement because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Seven Million Five Hundred Thousand Dollars ($10,000,000.007,500,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders may, in their sole discretion, on or after the Effective Date and prior to the Amortization Date and upon the request of Borrower, make term loans to Borrower in an aggregate amount up to Ten Million Dollars ($10,000,000.00) and, when made, according to a commitment schedule to be provided by the Lenders prior to the Funding Date of such term loans (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan or Loan, Term B Loan and Term C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the LendersLenders agree, severally and not jointly, made to make term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an a “Original Term A Loan”, and collectively as the “Original Term A Loans”). After repayment, no Term A Loan may be re borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second First Amendment Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw PeriodDate, to make term loans to Borrower in an aggregate amount up to Ten of Twenty Million Dollars ($10,000,000.0020,000,000) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Fourth Draw Period, to make term loans to Borrower in an aggregate amount of Forty Million Dollars ($40,000,000) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”). After repayment, no Term C Loan may be re borrowed. (iv) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, on the Fourth Amendment Date, to make term loans to Borrower in an aggregate amount of Forty Million Dollars ($40,000,000) according to each Lender’s Term D Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term D Loan”, and collectively as the “Term D Loans”). After repayment, no Term D Loan may be re borrowed. (v) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Fifth Draw Period, to make term loans to Borrower in an aggregate amount of Thirty Million Dollars ($30,000,000) according to each Lender’s Term E Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term E Loan”, and collectively as the “Term E Loans”). After repayment, no Term E Loan may be re borrowed. (vi) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Sixth Draw Period, to make term loans to Borrower in an aggregate amount of Thirty Million Dollars ($30,000,000) according to each Lender’s Term F Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term F Loan”, and collectively as the “Term F Loans”). After repayment, no Term F Loan may be re borrowed. (vii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Seventh Draw Period, to make term loans to Borrower in an aggregate amount of Thirty Million Dollars ($30,000,000) according to each Lender’s Term G Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term G Loan”, and collectively as the “Term G Loans”; each Term A Loan, Term B Loan, Term C Loan, Term D Loan, Term E Loan, Term F Loan or Term B G Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Loans, Term B Loans, Term C Loans, Term D Loans, Term E Loans, Term F Loan and Term G Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B G Loan may be re-re borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Thirteen Million Five Hundred Thousand Dollars ($10,000,000.0013,500,000) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount of up to Ten Million Dollars ($10,000,000.00) 10,000,000), according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate amount of up to Sixteen Million Five Hundred Thousand Dollars ($16,500,000), according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan or Loan, Term B Loan and Term C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and Loans, the Term B Loans and Term C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this the Original Agreement, the Lenders, severally and not jointly, made term loans to Borrower on of which the Effective Date amounts outstanding are in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to accordance with each Lender’s Original Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, ” and collectively as the “Original Term A Loans”). The Original Term Loans shall, from and after the Effective Date, be governed by the terms and provisions of this Agreement. After repayment, no Original Term Loans may be re-borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to lend to Borrower on the Effective Date, term loans as follows: (1) SVB shall be deemed to have made a term loan to Borrower in the amount equal to Two Million Eight Hundred One Thousand Eight Hundred Twenty Two and 50/100 Dollars ($2,801,822.50) (the “SVB Pay Off Term Loan”), the proceeds of which will be deemed to repay all Obligations owing from Borrower to SVB in respect of the Original Term Loans made by SVB under the Original Agreement. After repayment, the SVB Pay Off Term Loan may not be re-borrowed; (2) the Secured Promissory Notes issued by Borrower evidencing the Original Term Loans made by Oxford (the amount outstanding on the Effective Date, the “Original Oxford Term Loans”) under the Original Agreement shall be amended and restated to evidence the remaining principal amount 1. outstanding under each such Secured Promissory Note as of the Effective Date, as follows: (x) the Secured Promissory Note issued by Borrower to Oxford in the original principal face amount of Three Million Dollars ($3,000,000.00) shall be replaced with an amended and restated Secured Promissory Note in the principal face amount of One Million Six Hundred Eighty One Thousand Ninety Three and 50/100 Dollars ($1,681,093.50), and (y) the Secured Promissory Note issued by Borrower to Oxford in the original principal face amount of Two Million Dollars ($2,000,000.00) shall be replaced with an amended and restated Secured Promissory Note in the principal face amount of One Million One Hundred Twenty Thousand Seven Hundred Twenty Nine Dollars ($1,120,729.00); and (3) the Lenders shall make term loans to Borrower on the Second Amendment Date in a single advance in an aggregate amount of Ten equal to Four Million Three Hundred Ninety Six Thousand Three Hundred Fifty Five Dollars ($10,000,000.004,396,355.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in a single advance in an aggregate amount up equal to Ten Five Million Dollars ($10,000,000.005,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”; each Term A Loan or Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B Loan may be re-borrowed. (iv) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in a single advance in an aggregate amount equal to Ten Million Dollars ($10,000,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan, Term C Loan, the Original Oxford Term Loan and the SVB Pay Off Term Loan is hereinafter referred to singly as a “Term Loan” and collectively as the “Term Loans”). After repayment, no Term C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans loans, in a single disbursement, to Borrower on the Second Amendment Closing Date in an aggregate amount of Ten Million Dollars ($10,000,000.0010,000,000) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowedre‑borrowed. (iiiii) Subject to the Term B Draw Date Condition and other terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Fifteen Million Dollars ($10,000,000.0015,000,000) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re‑borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders may, in their sole discretion upon Xxxxxxxx’s request, agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate principal amount equal to Ten Million Dollars ($10,000,000.00) disbursed in a single advance and, if made, according to a commitment schedule to be provided by the Lenders prior to the Funding Date of such term loans (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan Loan, Term B Loan, or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, the Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowedre‑borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate principal amount of Ten Twenty Five Million Dollars ($10,000,000.0025,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repaymentrepayment of any Term Loan A, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate principal amount of up to Ten Twenty Five Million Dollars ($10,000,000.0025,000,000) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment of any Term Loan B, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate principal amount of up to Twenty Five Million Dollars ($25,000,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, the Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repaymentrepayment of any Term Loan C, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, (x) on the Effective Date, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate original amount of Ten Fifteen Million Dollars ($10,000,000.0015,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Third Amendment Effective Date) (such term loans are hereinafter referred to singly as an a “Original Term A Loan”, and collectively as the “Original Term A Loans”), (y) on the Second Amendment Effective Date, the Lenders, severally and not jointly, made term loans to Borrower in an aggregate original amount of Five Million Dollars ($5,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Third Amendment Effective Date) (the “Original Term B Loan”) and (z) on August 3, 2018, the Lenders, severally and not jointly, made term loans to Borrower in an aggregate original amount of Five Million Dollars ($5,000,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Third Amendment Effective Date) (the “Original Term C Loan”, each such Original Term A Loan, Original Term B Loan and Original Term C Loan is hereinafter referred to singly as an “Original Term Loan”, and collectively as the “Original Term Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, on the Third Amendment Effective Date to make term loans to Borrower on as follows: (x) the Second Amendment Date Secured Promissory Notes issued by Borrower evidencing the Original Term Loans shall be replaced with amended and restated notes to reflect the current principal balances and (y) the Lenders, severally and not jointly, shall make one (1) new term loan to Borrower in an aggregate original amount of Ten Six Million Six Hundred Sixty-Six Thousand Six Hundred Sixty-Six and 66/100 Dollars ($10,000,000.006,666,666.66) according to (the “New Term A Loan”, each Lender’s such Original Term Loan and New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are is hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loanscollectively, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowedre‑borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make one (1) term loans loan to Borrower in an aggregate amount up equal to Ten Five Million Dollars ($10,000,000.005,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a the “Term B Loan”, and collectively as the “Term B Loans”; each Term A Loan or Loan, and Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans Loans, and the Term B Loans Loan are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B Loan may be re-borrowedre‑borrowed.”

Availability. (i) Subject to the terms and conditions of this Agreement, the LendersLenders agree, severally and not jointly, made to make a term loans loan to Borrower on the Effective Date in an aggregate principal amount of Ten Twenty Million Dollars ($10,000,000.0020,000,000.00) according to each Lender’s Initial Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Initial Term A Loan”). After repayment, and collectively as the “Original Initial Term A Loans”)Loan may not be re-borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Subsequent Tranche I Draw Period, to make term loans to Borrower on the Second Amendment Date in an aggregate principal amount of Ten Million up to Seven Million, Five Hundred Thousand Dollars ($10,000,000.00) 7,500,000.00), in increments of at least Two Million, Five Hundred Thousand Dollars ($2,500,000.00), according to each Lender’s New Subsequent Tranche I Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Subsequent Tranche I Term A Loan”, and collectively as the “New Subsequent Tranche I Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Subsequent Tranche I Term A Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Subsequent Tranche II Draw Period, to make term loans to Borrower in an aggregate principal amount of up to Ten Million Seven Million, Five Hundred Thousand Dollars ($10,000,000.00) 7,500,000.00), in increments of at least Two Million, Five Hundred Thousand Dollars ($2,500,000.00), according to each Lender’s Subsequent Tranche II Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Subsequent Tranche II Term B Loan”, and collectively as the “Subsequent Tranche II Term B Loans”; each Initial Term A Loan, Subsequent Tranche I Term Loan or Subsequent Tranche II Term B Loan is hereinafter referred to singly as a “Term Loan” and the Initial Term A Loan, Subsequent Tranche I Term Loans and the Subsequent Tranche II Term B Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Subsequent Tranche II Term B Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, Borrower shall request on the Effective Date and the Lenders, severally and not jointly, made shall make one (1) term loans loan advance to Borrower on or about the Effective Date in an aggregate original principal amount of Twenty Million Six Hundred Thousand Dollars ($20,600,000.00) according to each Lender’s Term Loan A Commitment as set forth on Schedule 1.1 hereto (the “Term Loan A Advance”), provided that all of the Term Loan A Advance shall be used to repay in full all of Borrower’s outstanding obligations and liabilities to SVB under the Prior Loan Agreement (including, without limitation, the “Final Payment” as defined in the Prior Loan Agreement in the amount of Six Hundred Thousand Dollars ($600,000.00)) (the “SVB Obligations”). Borrower hereby authorizes SVB to apply such proceeds to the SVB Obligations as part of the funding process without actually depositing such funds into an account of Borrower. Subject to the terms and conditions of this Agreement, upon Borrower’s request, during the Term Loan B Draw Period, the Lenders, severally and not jointly, shall make one (1) term loan advance available to Borrower in an original principal amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan B Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A LoansLoan B Advance”). (ii) . Subject to the terms and conditions of this Agreement, upon Borrower’s request, during the Lenders agreeTerm Loan C Draw Period, the Lenders, severally and not jointly, to shall make one (1) term loans loan advance available to Borrower on the Second Amendment Date in an aggregate original principal amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s New Term A Loan C Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A LoansLoan C Advance”). After repayment, no Term A Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, upon Borrower’s request, during the Lenders agreeTerm Loan D Draw Period, the Lenders, severally and not jointly, during the Second Draw Period, to shall make one (1) term loans loan advance available to Borrower in an aggregate original principal amount up to of (i) if the Term Loan C Advance has been previously made by the Lenders, Ten Million Dollars ($10,000,000.00) or (ii) if the Term Loan C Advance has not been previously made by the Lenders, Twenty Million Dollars ($20,000,000.00), in each case according to each Lender’s applicable Term B Loan D Commitment as set forth on Schedule 1.1 hereto (such term loans the “Term Loan D Advance”). The Term Loan A Advance, the Term Loan B Advance, the Term Loan C Advance and the Term Loan D Advance are hereinafter referred to singly as a “Term B Loan”, Loan Advance” and collectively as the “Term B LoansLoan Advances”; each Term A Loan or Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B Loan Advance (or any portion thereof) may be re-borrowedreborrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii1) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Twenty-Five Million Dollars ($10,000,000.0025,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Term B Draw Period, to make term loans to Borrower in an aggregate amount up equal to Ten Fifteen Million Dollars ($10,000,000.0015,000,000.00) and disbursed in a single advance according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Term C Draw Period, to make term loans to Borrower in an aggregate amount equal to Twenty-Five Million Dollars ($25,000,000.00) and disbursed in a single advance according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”). After repayment, no Term C Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Term D Draw Period, to make term loans to Borrower in an aggregate amount equal to Thirty-Five Million Dollars ($35,000,000.00) and disbursed in a single advance according to each Lender’s Term D Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term D Loan”, and collectively as the “Term D Loans”). After repayment, no Term D Loan may be re-borrowed. ​ (iv) Subject to the terms and conditions of this Agreement, the Lenders may, in their sole discretion upon Borrower’s request, agree to make term loans to Borrower prior to the Amortization Date in an aggregate amount equal to Fifty Million Dollars ($50,000,000.00) in a single advance and, if made, according to a commitment schedule to be provided by the Lenders prior to the Funding Date of such term loans (such term loans are hereinafter referred to singly as a “Term E Loan”, and collectively as the “Term E Loans”; each Term A Loan, Term B Loan, Term C Loan, Term D Loan or Term B E Loan is hereinafter referred to singly as a “Term Loan” ”, and the Term A Loans, the Term B Loans, the Term C Loans, the Term D Loans and the Term B E Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B E Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the LendersLenders agree, severally and not jointly, made to make term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an a “Original Term A Loan”, and collectively as the “Original Term A Loans”). After repayment, no Term A Loan may be re borrowed. (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second First Amendment Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw PeriodDate, to make term loans to Borrower in an aggregate amount up to Ten of Twenty Million Dollars ($10,000,000.0020,000,000) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate amount of Twenty Million Dollars ($20,000,000) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-re borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, upon Borrower’s request, the Lenders, severally and not jointly, made shall make one (1) term loans loan advance to Borrower on or about the Effective Date in an aggregate original principal amount of Ten Twenty Million Dollars ($10,000,000.0020,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (the “Term A Loan Advance”), provided that all or a portion of the Term A Loan Advance shall be used to repay in full all of Borrower’s outstanding obligations and liabilities in respect of the Term Loan Advances to SVB under the Existing Loan Agreement (including, without limitation, the “Final Payment” as defined in effect prior the Existing Loan Agreement) (the “SVB Obligations”). Borrower hereby authorizes Agent to apply such proceeds to the Second Amendment SVB Obligations as part of the funding process without actually depositing such funds into an account of Borrower. Borrower hereby acknowledges, confirms and agrees that (i) as of the Effective Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, there is no availability remaining under the Existing Loan Agreement and collectively as the “Original Term A Loans”). (ii) upon payment in full of the SVB Obligations, the Existing Loan Agreement will be terminated. Subject to the terms and conditions of this Agreement, upon Borrower’s request, during the Lenders agreeDraw Period, the Lenders, severally and not jointly, to shall make one (1) term loans loan advance available to Borrower on the Second Amendment Date in an aggregate original principal amount of Ten Four Million Dollars ($10,000,000.004,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans the “Term B Loan Advance”). The Term A Loan Advance and the Term B Loan Advance are hereinafter referred to singly as a the “New Term A Loan”, Loan Advance” and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A LoansLoan Advances”). After repayment, no Term A Loan Advance (or any portion thereof) may be re-borrowedreborrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Million Dollars ($10,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”; each Term A Loan or Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Fifteen Million Dollars ($10,000,000.0015,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up equal to Ten Twelve Million Five Hundred Thousand Dollars ($10,000,000.0012,500,000.00) and disbursed in a single advance according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate amount equal to Twelve Million Five Hundred Thousand Dollars ($12,500,000.00) and disbursed in a single advance according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Twenty Million Dollars ($10,000,000.0020,000,000.00) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten Million Dollars ($10,000,000.00) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate amount up CONFIDENTIAL TREATMENT REQUESTED UNDER C.F.R. SECTIONS 200.80(b)(4), 200.83 AND 230.406. [****] INDICATES OMITTED MATERIAL THAT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE COMMISSION. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION. to Ten Million Dollars ($10,000,000.00) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, the Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, upon Borrower’s request, the Lenders, severally and not jointly, made shall make one (1) term loans loan advance to Borrower on or about the Effective Date in an aggregate original principal amount of Ten Twenty Million Dollars ($10,000,000.0020,000,000) according to each Lender’s Term A Loan Advance Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A LoansLoan Advance”). (ii) . Subject to the terms and conditions of this Agreement, upon Borrower’s request, during the Lenders agreeTerm B Draw Period, the Lenders, severally and not jointly, to shall make one (1) term loans loan advance available to Borrower on the Second Amendment Date in an aggregate original principal amount of Ten Million Dollars ($10,000,000.0010,000,000) according to each Lender’s New Term A B Loan Advance Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A LoansB Loan Advance”). After repayment, no Term A Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, upon Borrower’s request, during the Lenders agreeTerm C Draw Period, the Lenders, severally and not jointly, during the Second Draw Period, to shall make one (1) term loans loan advance available to Borrower in an aggregate original principal amount up to of Ten Million Dollars ($10,000,000.0010,000,000) according to each Lender’s Term B C Loan Advance Commitment as set forth on Schedule 1.1 hereto (such the “Term C Loan Advance”). Subject to the terms and conditions of this Agreement, upon Borrower’s request, during the Term D Draw Period, the Lenders, severally and not jointly, shall make one (1) term loans loan advance available to Borrower in an aggregate original principal amount of Ten Million Dollars ($10,000,000) according to each Lender’s Term D Loan Advance Commitment as set forth on Schedule 1.1 hereto (the “Term D Loan Advance”). The Term A Loan Advance, Term B Loan Advance, Term C Loan Advance, and Term D Loan Advance are hereinafter referred to singly as a “Term B Loan”, Loan Advance” and collectively as the “Term B LoansLoan Advances”; each Term A Loan or Term B Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans and the Term B Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B Loan Advance (or any portion thereof) may be re-borrowedreborrowed.

Availability. (i) Subject to the terms and conditions of this Agreement, the Lenders, severally and not jointly, made term loans to Borrower on the Effective Date in an aggregate amount of Ten Million Dollars ($10,000,000.00) according to each Lender’s Term A Loan Commitment as set forth on Schedule 1.1 hereto (as in effect prior to the Second Amendment Date) (such term loans are hereinafter referred to singly as an “Original Term A Loan”, and collectively as the “Original Term A Loans”). (ii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, to make term loans to Borrower on the Second Amendment Effective Date in an aggregate amount of Ten Twenty Five Million Dollars ($10,000,000.0025,000,000) according to each Lender’s New Term A Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “New Term A Loan”, and collectively as the “New Term A Loans,” and together with the Original Term A Loans, the “Term A Loans”). After repayment, no Term A Loan may be re-borrowed. (iiiii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Second Draw Period, to make term loans to Borrower in an aggregate amount up to Ten of Five Million Dollars ($10,000,000.005,000,000) according to each Lender’s Term B Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term B Loan”, and collectively as the “Term B Loans”). After repayment, no Term B Loan may be re-borrowed. (iii) Subject to the terms and conditions of this Agreement, the Lenders agree, severally and not jointly, during the Third Draw Period, to make term loans to Borrower in an aggregate amount of Five Million Dollars ($5,000,000) according to each Lender’s Term C Loan Commitment as set forth on Schedule 1.1 hereto (such term loans are hereinafter referred to singly as a “Term C Loan”, and collectively as the “Term C Loans”; each Term A Loan, Term B Loan or Term B C Loan is hereinafter referred to singly as a “Term Loan” and the Term A Loans, Term B Loans and the Term B C Loans are hereinafter referred to collectively as the “Term Loans”). After repayment, no Term B C Loan may be re-borrowed.