Common use of Conditions to Obligations of the Undersigned, each Holder and the Company Clause in Contracts

Conditions to Obligations of the Undersigned, each Holder and the Company. The obligations of the Undersigned to cause each Holder to deliver the Exchanged Notes and of the Company to deliver the Holder New Notes are subject to the satisfaction at or prior to the Closing of the conditions precedent that (a) the representations and warranties of the Undersigned, the Holders and the Company contained in Articles II and III, respectively, shall be true and correct as of the Closing in all material respects (or, with respect to any representations and warranties that are subject to materiality qualifiers, in all respects) with the same effect as though such representations and warranties had been made as of the Closing and unless notice is given pursuant to Section 4.2, each of the representations and warranties contained therein shall be deemed to have been reaffirmed and confirmed as of the Closing Date and (b) solely as to the obligations of the Undersigned, the Supplemental Indenture shall have been duly executed and delivered by the Company and the Trustee.

Conditions to Obligations of the Undersigned, each Holder and the Company. The obligations of the Undersigned to cause each Holder to deliver the Exchanged Notes and of the Company to deliver the Holder New Notes and the Holder Cash Payment are subject to the satisfaction at or prior to the Closing of the conditions precedent that (a) the representations and warranties of the Undersigned, the Holders and the Company contained in Articles II and III, respectively, shall be true and correct as of the Closing in all material respects (or, with respect to any representations and warranties that are subject to materiality qualifiers, in all respects) with the same effect as though such representations and warranties had been made as of the Closing and unless notice is given pursuant to Section 4.2, each of the representations and warranties contained therein shall be deemed to have been reaffirmed and confirmed as of the Closing Date and (b) solely as to the obligations of the Undersigned, the Base Indenture and the Supplemental Indenture shall have been duly executed and delivered by the Company and the Trustee.

Conditions to Obligations of the Undersigned, each Holder and the Company. The obligations of the Undersigned to cause each Holder to deliver the Exchanged Notes and of the Company to deliver the Holder New Notes Exchange Consideration and Accrued Interest are subject to to: (a) the satisfaction at or prior to the Closing of the conditions condition precedent that (a) the representations and warranties of the Undersigned, the Holders and the Company contained in Articles II and III, respectively, shall be true and correct as of the Closing in all material respects (or, with respect to any representations and warranties that are subject to materiality qualifiers, in all respects) with the same effect as though such representations and warranties had been made as of the Closing and and, unless notice is given pursuant to Section 4.24.2 below, each of the representations and warranties contained therein shall be deemed to have been reaffirmed and confirmed as of the Closing Date Date; and (b) solely as prior to or contemporaneously with the obligations Closing, the Company shall have completed the closing of that certain issuance of the Undersigned, the Supplemental Indenture shall have been duly executed and delivered by the Company and the Trustee2024 Notes.

Conditions to Obligations of the Undersigned, each Holder and the Company. The obligations of the Undersigned to cause each Holder to deliver the Exchanged Notes and of the Company to deliver the Holder New Notes Exchange Consideration are subject to to: (a) the satisfaction at or prior to the Closing of the conditions condition precedent that (a) the representations and warranties of the Undersigned, the Holders and the Company contained in Articles II and III, respectively, shall be true and correct as of the Closing in all material respects (or, with respect to any representations and warranties that are subject to materiality qualifiers, in all respects) with the same effect as though such representations and warranties had been made as of the Closing and and, unless notice is given pursuant to Section 4.24.2 below, each of the representations and warranties contained therein shall be deemed to have been reaffirmed and confirmed as of the Closing Date and Date; (b) solely as prior to or contemporaneously with the obligations of the UndersignedClosing, the Supplemental Indenture Company shall have been duly executed completed the closing of that certain issuance of [___]% convertible notes due [2024] pursuant to an indenture to be entered into on the Closing Date (the “Indenture”) by and delivered by among the Company and the TrusteeWilmington Trust, National Association.

Conditions to Obligations of the Undersigned, each Holder and the Company. The obligations of the Undersigned to cause each Holder to deliver the Exchanged Repurchased Notes and of the Company to deliver the Holder New Notes Repurchase Consideration are subject to to: (a) the satisfaction at or prior to the Closing of the conditions condition precedent that (a) the representations and warranties of the Undersigned, the Holders and the Company contained in Articles II and III, respectively, shall be true and correct as of the Closing in all material respects (or, with respect to any representations and warranties that are subject to materiality qualifiers, in all respects) with the same effect as though such representations and warranties had been made as of the Closing and and, unless notice is given pursuant to Section 4.24.2 below, each of the representations and warranties contained therein shall be deemed to have been reaffirmed and confirmed as of the Closing Date Date; and (b) solely as prior to or contemporaneously with the obligations of the UndersignedClosing, the Supplemental Indenture Company shall have been duly executed and delivered by completed the Company and closing of that certain issuance of [●]% Senior Convertible Notes due 2026 (collectively, the Trustee“New Notes”).

Conditions to Obligations of the Undersigned, each Holder and the Company. The obligations of the Undersigned to cause each Holder to deliver the Exchanged Notes and of the Company to deliver the Holder New Notes Notes, the Holder Cash Payment and the Holder New Shares are subject to the satisfaction at or prior to the Closing of the conditions condition precedent that (a) the representations and warranties of the Undersigned, the Holders and the Company contained in Articles II and III, respectively, shall be true and correct as of the Closing in all material respects (or, with respect to any representations and warranties that are subject to materiality qualifiers, in all respects) with the same effect as though such representations and warranties had been made as of the Closing and unless notice is given pursuant to Section 4.24.2 below, each of the representations and warranties contained therein shall be deemed to have been reaffirmed and confirmed as of the Closing Date and (b) solely as to the obligations of the Undersigned, the Third Supplemental Indenture shall have been duly executed and delivered by the Company and the Trustee.