Common use of Common Stock Subscription Covenant Clause in Contracts

Common Stock Subscription Covenant. (i) The Borrower represents and warrants that it has authorized the issuance to WhiteHawk Finance LLC (the “Investor”) an aggregate of 528,169 shares of the Borrower’s common stock, $0.0001 par value (the “Shares”), in connection with the transactions contemplated in this Agreement. (ii) The Borrower represents and warrants that the offering and sale of the Shares to the Investor (the “Offering”) are being made pursuant to (A) an effective Registration Statement on Form S-3 (Registration No. 333-239939) filed by the Borrower with the SEC, including the Prospectus contained therein (the “Base Prospectus”), (B) if applicable, certain “free writing prospectuses” (as that term is defined in Rule 405 under the Securities Act) that have been or will be filed with the SEC and delivered to the Investor on or prior to the date hereof containing certain supplemental information regarding the Shares and the terms of the Offering, and (C) a Prospectus Supplement (the “Prospectus Supplement” and, together with the Base Prospectus, the “Prospectus”) containing certain supplemental information regarding the Borrower, the Shares and terms of the Offering that have been or will be (x) filed with the SEC, and (y) delivered to the Investor (or made available to the Investor by the filing by the Borrower of an electronic version thereof with the SEC). (iii) The Borrower agrees that it will issue and deliver the Shares to the Investor within three (3) Business Days following the Effective Date. At the request of the Borrower, the settlement of the Shares to be issued and delivered to the Investor will be effected through the Deposit/Withdrawal At Custodian system of the Depository Trust Company. (iv) Notwithstanding any investigation made by any party to this Agreement, all covenants, agreements, representations and warranties made by the Borrower pursuant to this Section 6.01(ll) will survive the execution of this Agreement and the delivery to the Investor of the Shares.

Common Stock Subscription Covenant. (i) The Borrower represents and warrants that it has authorized the issuance to WhiteHawk Finance LLC (the “Investor”) an aggregate of 528,169 shares of the Borrower’s common stock, $0.0001 par value (the “Shares”), in connection with the transactions contemplated in this Agreement. (ii) . The Borrower represents and warrants that the offering and sale of the Shares to the Investor (the “Offering”) are being made pursuant to (A) an effective Registration Statement on Form S-3 (Registration No. 333-239939) filed by the Borrower with the SEC, including the Prospectus contained therein (the “Base Prospectus”), (B) if applicable, certain “free writing prospectuses” (as that term is defined in Rule 405 under the Securities Act) that have been or will be filed with the SEC and delivered to the Investor on or prior to the date hereof containing certain supplemental information regarding the Shares and the terms of the Offering, and (C) a Prospectus Supplement (the “Prospectus Supplement” and, together with the Base Prospectus, the “Prospectus”) containing certain supplemental information regarding the Borrower, the Shares and terms of the Offering that have been or will be (x) filed with the SEC, and (y) delivered to the Investor (or made available to the Investor by the filing by the Borrower of an electronic version thereof with the SEC). (iii) . The Borrower agrees that it will issue and deliver the Shares to the Investor within three (3) Business Days following the Effective Date. At the request of the Borrower, the settlement of the Shares to be issued and delivered to the Investor will be effected through the Deposit/Withdrawal At Custodian system of the Depository Trust Company. (iv) . Notwithstanding any investigation made by any party to this Agreement, all covenants, agreements, representations and warranties made by the Borrower pursuant to KL2 3287103.6 ​ this Section 6.01(ll) will survive the execution of this Agreement and the delivery to the Investor of the Shares.