Common use of Counterparts; Electronic Signatures Clause in Contracts

Counterparts; Electronic Signatures. (a) This Agreement may be executed by one or more of the parties to this Agreement on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement by facsimile transmission or portable document format shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. (b) The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Agreement, any other Loan Document and/or any ancillary document shall be deemed to include Electronic Signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page), each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be; provided that nothing herein shall require the Administrative Agent to accept Electronic Signatures in any form or format without its prior written consent and pursuant to procedures approved by it; provided, further, without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept any Electronic Signature, the Administrative Agent and each of the Lenders shall be entitled to rely on such Electronic Signature purportedly given by or on behalf of the Borrower or any other Loan Party without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature and (ii) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by a manually executed counterpart.

Counterparts; Electronic Signatures. (a) This Agreement and each other Credit Document may be executed by in one or more counterparts (and by different parties hereto in different counterparts), each of the parties to this Agreement on any number of separate counterparts, and all of said counterparts taken together which shall be deemed to an original, but all of which together shall constitute one and the same instrument. Delivery by fax or other electronic transmission of an executed counterpart of a signature page of to this Agreement by facsimile transmission or portable document format and each other Credit Document shall be effective as delivery of a manually an original executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and such other Credit Document and the Administrative Agent. (b) The words “execution,” “execute”, “signed,” “signature,” “delivery,” and words of like import in or relating related to any document to be signed in connection with this Agreement, Agreement or any other Loan Credit Document and/or any ancillary document shall be deemed to include Electronic Signatureselectronic signatures, deliveries the electronic matching of assignment terms and contract formations on electronic platforms approved by the Administrative Agent, or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page)form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof signature or the use of a paper-paper based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act. The Administrative Agent may, in its discretion, require that any such documents and signatures executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereof; provided that nothing herein the failure to request or deliver the same shall require not limit the Administrative Agent to accept Electronic Signatures in any form or format without its prior written consent and pursuant to procedures approved by it; provided, further, without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept any Electronic Signature, the Administrative Agent and each of the Lenders shall be entitled to rely on such Electronic Signature purportedly given by or on behalf of the Borrower or any other Loan Party without further verification thereof and without any obligation to review the appearance or form effectiveness of any such Electronic document or signature and (ii) upon the request of the Administrative Agent executed electronically or any Lender, any Electronic Signature shall be promptly followed delivered by a manually executed counterpartfax or other electronic transmission.

Counterparts; Electronic Signatures. (a) This To facilitate execution, this Agreement and any amendments, waivers, consents or supplements may be executed in any number of counterparts as may be convenient or required (which may be effectively delivered by one facsimile, in portable document format (“PDF”) or other similar electronic means). It shall not be necessary that the signature of, or on behalf of, each party, or that the signature of all persons required to bind any party, appear on each counterpart. All counterparts shall collectively constitute a single document. It shall not be necessary in making proof of this document to produce or account for more than a single counterpart containing the respective signatures of, or on behalf of, each of the parties to this Agreement on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement by facsimile transmission or portable document format shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agenthereto. (b) The words “execute,” “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating related to this Agreement, any other Loan Document and/or or any ancillary document document, amendment, approval, consent, waiver, modification, information, notice, certificate, report, statement, disclosure, or authorization to be signed or delivered in connection with this Agreement or any other Loan Document or the transactions contemplated hereby shall be deemed to include Electronic SignaturesSignatures or execution in the form of an Electronic Record, and contract formations on electronic platforms approved by the Administrative Agent, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page)form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof signature or the use of a paper-based recordkeeping system, as the case may be; , to the extent and as provided for in any Applicable Law, including the Federal Electronic Signatures in Global and National Commerce Act, the California Uniform Electronic Transactions Act, or any other similar state laws based on the Uniform Electronic Transactions Act. Each party hereto agrees that nothing any Electronic Signature or execution in the form of an Electronic Record shall be valid and binding on itself and each of the other parties hereto to the same extent as a manual, original signature. For the avoidance of doubt, the authorization under this paragraph may include, without limitation, use or acceptance by the parties of a manually signed paper which has been converted into electronic form (such as scanned into PDF format), or an electronically signed paper converted into another format, for transmission, delivery and/or retention. Notwithstanding anything contained herein shall require to the contrary, the Administrative Agent is under no obligation to accept an Electronic Signatures Signature in any form or in any format without its prior written consent and unless expressly agreed to by the Administrative Agent pursuant to procedures approved by it; provided, further, provided that without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept such Electronic Signature from any Electronic Signatureparty hereto, the Administrative Agent and each of the Lenders other parties hereto shall be entitled to rely on any such Electronic Signature purportedly given by or on behalf of the Borrower or any other Loan Party executing party without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature and (ii) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by a an original manually executed counterpartcounterpart thereof. Without limiting the generality of the foregoing, each party hereto hereby (A) agrees that, for all purposes, including without limitation, in connection with any workout, restructuring, enforcement of remedies, bankruptcy proceedings or litigation among the Administrative Agent, the Lenders and any of the Loan Parties, electronic images of this Agreement or any other Loan Document (in each case, including with respect to any signature pages thereto) shall have the same legal effect, validity and enforceability as any paper original, and (B) waives any argument, defense or right to contest the validity or enforceability of the Loan Documents based solely on the lack of paper original copies of any Loan Documents, including with respect to any signature pages thereto.

Counterparts; Electronic Signatures. (a) This Agreement may be executed by one or more of the parties to this Agreement on any number of separate counterpartscounterparts (including by facsimile or other electronic imaging means), and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of In proving this Agreement or any Loan Document in any judicial proceedings, it shall not be necessary to produce or account for more than one such counterpart signed by the party against whom such enforcement is sought. Any signatures delivered by a party hereto by facsimile transmission or portable document format by e-mail transmission shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agentdeemed an original signature hereto. (b) The words Agents are authorized and permitted to accept directions, certificates, requisitions, statements, notices, approvals, consents, requests, instructions, and any other communications (collectively, “execution,” “signed,” “signature,” “delivery,” Communications”) including but not limited to investment, account transfer, and words of like import in or relating payment instructions, via e-mail from an authorized corporate e-mail address as listed on an incumbency certificate provided by the applicable party to this Agreementthe Agents. The Borrower, any other Loan Document and/or Party or any ancillary document Lender may deliver any Communications, including but not limited to investment, account transfer, and payment instructions, to the Agents via e-mail, provided that such comes from one of the persons authorized on the incumbency certificate delivered pursuant to this section and from the respective authorized e-mail address. Any Communication via e-mail from the persons authorized on such incumbency certificate shall be deemed considered signed by the person or persons designated by the applicable party. The Agents are authorized and permitted to include Electronic Signaturesaccept Communications, deliveries including but not limited to investment, account transfer, and payment instructions, provided via electronic signature. The Borrower, any other Loan Party or any Lender may authorize or sign any Communications, including but not limited to investment, account transfer, and payment instructions, for the keeping Collateral Agent using electronic signatures. Any electronic signature document delivered via email from a person authorized on the incumbency certificate delivered pursuant to this section shall be considered signed or executed by such person on behalf of records the applicable party. (c) Each of the parties hereto agrees on behalf of itself, and any Person acting or claiming by, under or through such party, that any written instrument delivered in any electronic form (including deliveries by telecopy, emailed pdf. connection with this Agreement or any other Loan Document or any related document, including without limitation any amendments or supplements to such documents, may be executed by electronic means that reproduces an image methods (whether by .pdf scan or utilization of an actual executed electronic signature pageplatform or application), each of which . Any electronic signature document delivered via email from a person authorized on an incumbency certificate provided by any party to the Agents shall be considered signed or executed by such person on behalf of such party. Each of the same legal effectBorrower and Holdings, validity or enforceability as a manually executed signatureon behalf of itself and the other Loan Parties, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be; provided that nothing herein shall require the Administrative Agent to accept Electronic Signatures in any form or format without its prior written consent and pursuant to procedures approved by it; provided, further, without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept any Electronic Signature, the Administrative Agent and each of the Lenders shall be entitled agrees to rely on such Electronic Signature purportedly given by or on behalf assume all risks arising out of the Borrower use of electronic methods for all purposes including the authorization, execution, delivery, or any other Loan Party submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to the Agents, including without further verification thereof limitation the risk of either Agent acting on unauthorized instructions, and without any obligation to review the appearance or form risk of any such Electronic signature interception and (ii) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed misuse by a manually executed counterpartthird parties.

Counterparts; Electronic Signatures. (a) This Agreement Supplemental Indenture may be executed by one or more of the parties to this Agreement on in any number of separate counterparts, and all each of said counterparts taken together which shall be deemed to an original; but such counterparts shall together constitute but one and the same instrument. Delivery of an executed signature page of this Agreement by facsimile transmission or portable document format shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. (b) The words “execution,” “signed,” “signature,” “delivery,” and words of like import in this Supplemental Indenture or relating to this Agreementin the Base Indenture shall include images of manually executed signatures transmitted by facsimile, email or other electronic format (including, without limitation, “pdf,” “tif” or “jpg”) and other electronic signatures (including without limitation, DocuSign and AdobeSign). The use of electronic signatures and electronic records (including, without limitation, any contract or other Loan Document and/or any ancillary document shall be deemed to include Electronic Signaturesrecord created, deliveries generated, sent, communicated, received, or the keeping of records in any stored by electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page), each of which means) shall be of the same legal effect, validity or and enforceability as a manually executed signature, physical delivery thereof signature or the use of a paper-based recordkeeping systemrecord-keeping system to the fullest extent permitted by applicable law, as including the case may be; provided that nothing herein shall require the Administrative Agent to accept Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act and any form or format without its prior written consent and pursuant to procedures approved by it; providedother applicable law, furtherincluding, without limiting limitation, any state law based on the Uniform Electronic Transactions Act or the Uniform Commercial Code. Without limitation to the foregoing, (i) and anything in this Supplemental Indenture to the extent the Administrative Agent has agreed to accept contrary notwithstanding, (a) any Electronic SignatureOfficer’s Certificate, the Administrative Agent and each Opinion of Counsel, Note, Guarantee, written order of the Lenders Company, certificate of authentication appearing on or attached to any Note, supplemental indenture or other certificate, instrument, agreement, notice or other document delivered pursuant to this Supplemental Indenture or the Base Indenture may be executed, attested and transmitted by any of the foregoing electronic means and formats, and (b) all references in this Supplemental Indenture or in any Note to the execution, attestation or authentication of any Note or any certificate of authentication appearing on or attached to any Note by means of a manual or facsimile signature shall be entitled deemed to rely on such Electronic Signature purportedly given include signatures that are made or transmitted by or on behalf any of the Borrower foregoing electronic means or any other Loan Party without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature and (ii) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by a manually executed counterpartformats.

Counterparts; Electronic Signatures. The parties may sign any number of copies of this Indenture. Each signed copy shall be an original, but all of them together represent the same agreement. The exchange of copies of this Indenture and of signature pages by facsimile, PDF or other electronic transmission (aincluding a digital signature provided by DocuSign) This Agreement shall constitute effective execution and delivery of this Indenture as to the parties hereto and may be executed by one or more used in lieu of the original Indenture for all purposes. Signatures of the parties to this Agreement on any number of separate counterpartshereto transmitted by facsimile, and all of said counterparts taken together PDF or other electronic methods shall be deemed to constitute one and be their original signatures for all purposes. Unless otherwise provided in this Indenture or in any Note, the same instrument. Delivery of an executed signature page of this Agreement by facsimile transmission or portable document format shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. (b) The words “execute”, “execution,” ”, “signed,” ”, and “signature,” “delivery,” and words of like similar import used in or relating related to any document to be signed in connection with this AgreementIndenture, any Note or any of the transactions contemplated hereby (including amendments, waivers, consents and other Loan Document and/or any ancillary document modifications) shall be deemed to include Electronic Signatures, deliveries or electronic signatures and the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page)form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof signature in ink or the use of a paper-based recordkeeping system, as applicable, to the case may befullest extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, and any other similar state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require that, notwithstanding anything to the Administrative Agent contrary set forth herein, the Trustee is under no obligation to agree to accept Electronic Signatures electronic signatures in any form or format without its prior written consent and unless expressly agreed to by the Trustee pursuant to procedures approved by it; provided, further, without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept any Electronic Signature, the Administrative Agent and each of the Lenders shall be entitled to rely on such Electronic Signature purportedly given by or on behalf of the Borrower or any other Loan Party without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature and (ii) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by a manually executed counterpartTrustee.

Counterparts; Electronic Signatures. (a) This Agreement Supplemental Indenture may be executed by one or more of the parties to this Agreement on in any number of counterparts and by the parties hereto in separate counterparts, and all each of said counterparts taken together which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same instrumentagreement. Delivery The exchange of an executed signature page of this Agreement by facsimile transmission or portable document format shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed Supplemental Indenture and of manual or electronic signature pages by all facsimile or PDF transmission or other electronic format shall constitute effective execution and delivery of this Supplemental Indenture as to the parties shall hereto and may be lodged with used in lieu of the Borrower original Supplemental Indenture and the Administrative Agent. (b) signature pages for all purposes. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in the Base Indenture and this Supplemental Indenture shall include images of manually executed signatures transmitted by facsimile, email or relating to this Agreementother electronic format (including, without limitation, “pdf,” “tif” or “jpg”) and other electronic signatures (including without limitation, DocuSign and AdobeSign). The use of electronic signatures and electronic records (including, without limitation, any contract or other Loan Document and/or any ancillary document shall be deemed to include Electronic Signaturesrecord created, deliveries generated, sent, communicated, received, or the keeping of records in any stored by electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page), each of which means) shall be of the same legal effect, validity or and enforceability as a manually executed signature, physical delivery thereof signature or the use of a paper-based recordkeeping systemrecord-keeping system to the fullest extent permitted by applicable law, as including the case may be; provided that nothing herein shall require the Administrative Agent to accept Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act and any form or format without its prior written consent and pursuant to procedures approved by it; providedother applicable law, furtherincluding, without limiting limitation, any state law based on the Uniform Electronic Transactions Act or the Uniform Commercial Code. Without limitation to the foregoing, (i) and anything in the Base Indenture and this Supplemental Indenture to the extent the Administrative Agent has agreed contrary notwithstanding, any Officers’ Certificate, Company order, Opinion of Counsel, Security, certificate of authentication appearing on or attached to accept any Electronic SignatureSecurity, the Administrative Agent supplemental indenture or other certificate, opinion of counsel, instrument, agreement or other document delivered pursuant to this Indenture may be executed, attested and each transmitted by any of the Lenders shall be entitled to rely on such Electronic Signature purportedly given by or on behalf of the Borrower or any other Loan Party without further verification thereof foregoing electronic means and without any obligation to review the appearance or form of any such Electronic signature and (ii) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by a manually executed counterpartformats.

Counterparts; Electronic Signatures. (a) This Agreement The parties may sign any number of copies of this Fourth Supplement. Each signed copy will be an original, but all of them together represent the same agreement. The exchange of copies of this Fourth Supplement and of signature pages by facsimile or PDF transmission shall constitute effective execution and delivery of this Fourth Supplement as to the parties hereto and may be executed by one or more used in lieu of the original of this Fourth Supplement for all purposes. Signatures of the parties to this Agreement on any number of separate counterparts, and all of said counterparts taken together hereto transmitted by facsimile or PDF shall be deemed to be their original signatures for all purposes. This Fourth Supplement and any certificate, agreement or other document to be signed in connection with this Fourth Supplement and the transactions contemplated hereby shall be valid, binding, and enforceable against a party when executed and delivered by an authorized individual on behalf of the party by means of (i) an original manual signature; (ii) a faxed, scanned, or photocopied manual signature or (iii) any other electronic signature permitted by the federal Electronic Signatures in Global and National Commerce Act, state enactments of the Uniform Electronic Transactions Act and/or any other relevant electronic signatures law, including any relevant provisions of the Uniform Commercial Code (collectively, “Signature Law”), in each case to the extent applicable. Each faxed, scanned or photocopied manual signature, or other electronic signature, shall for all purposes have the same validity, legal effect, and admissibility in evidence as an original manual signature. Each party hereto shall be entitled to conclusively rely upon, and shall have no liability with respect to, any faxed, scanned or photocopied manual signature, or other electronic signature, of any other party and shall have no duty to investigate, confirm or otherwise verify the validity or authenticity thereof. This Fourth Supplement may be executed in any number of counterparts, each of which shall be deemed to be an original, but such counterparts shall, together, constitute one and the same instrument. Delivery For the avoidance of an executed signature page of this Agreement by facsimile transmission or portable document format doubt, original manual signatures shall be effective as delivery used for execution or indorsement of a manually executed counterpart hereof. A set writings when required under the Uniform Commercial Code or other Signature Law due to the character or intended character of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agentwritings. (b) The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Agreement, any other Loan Document and/or any ancillary document shall be deemed to include Electronic Signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page), each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be; provided that nothing herein shall require the Administrative Agent to accept Electronic Signatures in any form or format without its prior written consent and pursuant to procedures approved by it; provided, further, without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept any Electronic Signature, the Administrative Agent and each of the Lenders shall be entitled to rely on such Electronic Signature purportedly given by or on behalf of the Borrower or any other Loan Party without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature and (ii) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by a manually executed counterpart.

Counterparts; Electronic Signatures. (a) This Agreement may be executed by one or more of the parties to this Agreement on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement by facsimile transmission or portable document format shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. (b) The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Agreement, any other Loan Document and/or any ancillary document shall be deemed to include Electronic Signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopyfacsimile, emailed pdf. .pdf or any other electronic means that reproduces an image of an actual executed signature page), each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be; provided that nothing herein shall require the Administrative Agent to accept Electronic Signatures in any form or format without its prior written consent and pursuant to procedures approved by it; provided, further, without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept any Electronic Signature, the Administrative Agent and each of the Lenders shall be entitled to rely on such Electronic Signature purportedly given by or on behalf of the Borrower or any other Loan Party without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature Signature and (ii) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by a manually executed counterpart.

Counterparts; Electronic Signatures. (a) This Agreement and any amendment or supplement hereto or any waiver granted in connection herewith may be executed by one or more of the parties to this Agreement on in any number of counterparts and by the different parties on separate counterparts, counterparts and all of said counterparts taken together each such counterpart shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrumentAgreement. Delivery Agent may permit or require that any of an executed signature page of the documents, certificates, forms, deliveries or other communications, authorized, required or contemplated by this Agreement or the other Financing Agreements, be submitted to Agent in “Approved Electronic Form” (as hereafter defined), subject to any reasonable terms, conditions and requirements in the applicable Approved Electronic Forms Notice. For purposes hereof “Electronic Form” means e-mail, e-mail attachments, data submitted on web-based forms or any other communication method that delivers machine readable data or information to Agent, “Approved Electronic Form” means an Electronic Form that has been approved by facsimile transmission Agent (which approval has not been revoked or portable modified by Agent) and “Approved Electronic Communication” means each notice, demand, communication, information, document format and other material transmitted, posted or otherwise made or communicated by e-mail, internet portal or other Platform. Except as otherwise specifically provided in the applicable Approved Electronic Form Notice, any submissions made in an applicable Approved Electronic Form shall be effective as delivery have the same force and effect that the same submissions would have had if they had been submitted in any other applicable form authorized, required or contemplated by this Agreement or the other Financing Agreements. Approved Electronic Communications that do not bear or are not readily capable of bearing either a signature or a reproduction of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. (b) The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Agreement, any other Loan Document and/or any ancillary document signature shall be deemed to include signed, by attaching to, or logically associating with such Approved Electronic SignaturesCommunication an electronic symbol, deliveries encryption, digital signature or process (including the name or an abbreviation of the name of the party or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature pagecompany transmitting the Approved Electronic Communication), each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be; provided that nothing herein shall require the Administrative Agent to accept Electronic Signatures in any form or format without its prior written consent and pursuant to procedures approved by it; provided, further, without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept any Electronic Signature, the Administrative Agent and each of the Lenders shall be are entitled to rely on such Approved Electronic Signature purportedly given by or on behalf Communications as signed. Each of the Borrower or any other Loan Party without further verification thereof Credit Parties, Agent and without any obligation the Lenders hereby acknowledge and agree that the use of Approved Electronic Communications is not necessarily secure and that there are risks associated with such use, including risks of interception, disclosure and abuse and each assumes and accepts such risks by hereby authorizing each of Agent, each Lender and each of their Affiliates to review the appearance or form of any such accept and transmit Approved Electronic signature and (ii) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by a manually executed counterpartCommunications.

Counterparts; Electronic Signatures. (a) This Agreement Agreement, any Loan Document and any other Communication, including Communications required to be in writing, may be in the form of an Electronic Record and may be executed using Electronic Signatures. Each Obligor and each Agent and each Lender and LC Issuer agrees that any Electronic Signature on or associated with any Communication shall be valid and binding on such Person to the same extent as a manual, original signature, and that any Communication entered into by one Electronic Signature, will constitute the legal, valid and binding obligation of such Person enforceable against such Person in accordance with the terms thereof to the same extent as if a manually executed original signature was delivered. Any Communication may be executed in as many counterparts as necessary or more of the parties to this Agreement on any number of separate convenient, including both paper and electronic counterparts, and but all of said such counterparts taken together shall be deemed to constitute are one and the same instrumentCommunication. Delivery For the avoidance of an executed signature page of doubt, the authorization under this Agreement by facsimile transmission Section 10.15(a) may include, without limitation, use or portable document format shall be effective as delivery acceptance of a manually executed counterpart hereofsigned paper Communication which has been converted into electronic form (such as scanned into .pdf format), or an electronically signed Communication converted into another format, for transmission, delivery or retention. A set The Agents and each of the Lenders and LC Issuers may, at its option, create one or more copies of this Agreement signed by all any Communication in the parties shall be lodged with the Borrower and the Administrative Agent. form of an imaged Electronic Record (b) The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this AgreementElectronic Copy”), any other Loan Document and/or any ancillary document which shall be deemed to include Electronic Signaturescreated in the ordinary course of such Person’s business, deliveries or and destroy the keeping of records original paper document. All Communications in any electronic the form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page)Electronic Record, each of which including an Electronic Copy, shall be of considered an original for all purposes, and shall have the same legal effect, validity or and enforceability as a manually executed signaturepaper record. Notwithstanding anything contained herein to the contrary, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be; provided that nothing herein shall require the Administrative Agent Agents are not under any obligation to accept an Electronic Signatures Signature in any form or in any format without its prior written consent and unless expressly agreed to by such Person pursuant to procedures approved by it; provided, furtherprovided that, without limiting the foregoing, (ia) to the extent the Administrative Agent has agreed to accept any such Electronic Signature, the Administrative each Agent and each of the Lenders and LC Issuers shall be entitled to rely on any such Electronic Signature purportedly given by or on behalf of the Borrower any Obligor or any other Loan Party Lender without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature and (iib) upon the request of the Administrative any Agent or any LenderLender or LC Issuer, any Electronic Signature shall be promptly followed by a such manually executed counterpart. (b) The Administrative Agent shall not be responsible for or have any duty to ascertain or inquire into the sufficiency, validity, enforceability, effectiveness or genuineness of any Loan Document or any other agreement, instrument or document (including, for the avoidance of doubt, in connection with the Administrative Agent’s reliance on any Electronic Signature transmitted by telecopy, emailed .pdf or any other electronic means). The Administrative Agent shall be entitled to rely on, and shall incur no liability under or in respect of this Agreement or any other Loan Document by acting upon, any Communication (which writing may be a fax, any electronic message, Internet or intranet website posting or other distribution or signed using an Electronic Signature) or any statement made to it orally or by telephone and believed by it to be genuine and signed or sent or otherwise authenticated (whether or not such Person in fact meets the requirements set forth in the Loan Documents for being the maker thereof). (c) Each Obligor and each Lender and LC Issuer hereby waives (i) any argument, defense or right to contest the legal effect, validity or enforceability of this Agreement and any other Loan Document based solely on the lack of paper original copies of this Agreement or such other Loan Document, and (ii) waives any claim against each Agent, each Lender, each LC Issuer and each Related Party for any liabilities arising solely from the Administrative Agent’s or any Lender’s or LC Issuer’s reliance on or use of Electronic Signatures, including any liabilities arising as a result of the failure of any Pledgor or any Obligor to use any available security measures in connection with the execution, delivery or transmission of any Electronic Signature.

Counterparts; Electronic Signatures. This Amendment may be in the form of an Electronic Record and may be executed using Electronic Signatures (including, without limitation, facsimile and .pdf) and shall be considered an original, and shall have the same legal effect, validity and enforceability as a paper record. For the avoidance of doubt, the authorization under this Section may include, without limitation, use or acceptance by the Administrative Agent of a manually signed paper communication which has been converted into electronic form (such as scanned into PDF format), or an electronically signed communication converted into another format, for transmission, delivery and/or retention. Notwithstanding anything contained herein to the contrary, the Administrative Agent is under no obligation to accept an Electronic Signature in any form or in any format unless expressly agreed to by the Administrative Agent pursuant to procedures approved by it; provided, further, without limiting the foregoing, (a) to the extent the Administrative Agent has agreed to accept such Electronic Signature, the Administrative Agent shall be entitled to rely on any such Electronic Signature without further verification and (b) upon the request of the Administrative Agent any Electronic Signature shall be promptly followed by a manually executed, original counterpart. For purposes hereof, “Electronic Record” and “Electronic Signature” shall have the meanings assigned to them, respectively, by 15 USC §7006, as it may be amended from time to time. This Agreement Amendment may be executed by one or more of the parties to this Agreement Amendment on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement Amendment by facsimile transmission or portable document format electronic mail (in “.pdf” or similar format) shall be effective as of delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. (b) The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Agreement, any other Loan Document and/or any ancillary document shall be deemed to include Electronic Signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page), each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be; provided that nothing herein shall require the Administrative Agent to accept Electronic Signatures in any form or format without its prior written consent and pursuant to procedures approved by it; provided, further, without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept any Electronic Signature, the Administrative Agent and each of the Lenders shall be entitled to rely on such Electronic Signature purportedly given by or on behalf of the Borrower or any other Loan Party without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature and (ii) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by a manually executed counterpart.

Counterparts; Electronic Signatures. (a) This Agreement may be executed by one or more in counterparts of the parties to this Agreement on any number of separate counterpartshereof, and all of said counterparts taken together each such counterpart shall be deemed to considered an original and all such counterparts shall constitute one and the same instrument. Delivery of an executed signature page A signed copy of this Agreement delivered by facsimile transmission or portable document format format, e-mail or other means of electronic transmission shall be effective deemed to have the same legal effect as delivery of a manually executed counterpart hereof. A set of the copies an original signed copy of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative AgentAgreement. (b) The words “execution,” “signed,” “signature,” “delivery,” Documents executed, scanned and words of like import in transmitted electronically and electronic signatures, including those created or relating to this Agreementtransmitted through a software platform or application, any other Loan Document and/or any ancillary document shall be deemed to include Electronic Signaturesoriginal signatures for purposes of this Agreement and all other related documents and all matters and agreements related thereto, deliveries or with such scanned and electronic signatures having the keeping of records in any electronic form (including deliveries by telecopy, emailed pdfsame legal effect as original signatures. The parties agree that this Agreement or any other electronic means that reproduces an image of an actual executed signature page)related document or any instrument, each of which shall be agreement or document necessary for the consummation of the same legal effecttransactions contemplated by this Agreement or the other related documents or related hereto or thereto (including, validity without limitation, addendums, amendments, notices, instructions, communications with respect to the delivery of securities or enforceability as a manually the wire transfer of funds or other communications) (“Executed Documentation”) may be accepted, executed signature, physical delivery thereof or agreed to through the use of an electronic signature in accordance with Applicable Laws, rules and regulations in effect from time to time applicable to the effectiveness and enforceability of electronic signatures. Any Executed Documentation accepted, executed or agreed to in conformity with such laws, rules and regulations will be binding on all parties hereto to the same extent as if it were physically executed and each party hereby consents to the use of any third party electronic signature capture service providers as may be reasonably chosen by a paper-based recordkeeping systemsignatory hereto or thereto. When the Collateral Agent acts on any Executed Documentation sent by electronic transmission, as the case Collateral Agent will not be responsible or liable for any losses, costs or expenses arising directly or indirectly from its reliance upon and compliance with such Executed Documentation, notwithstanding that such Executed Documentation (a) may benot be an authorized or authentic communication of the party involved or in the form such party sent or intended to send (whether due to fraud, distortion or otherwise) or (b) may conflict with, or be inconsistent with, a subsequent written instruction or communication; provided it being understood and agreed that nothing herein the Collateral Agent shall require the Administrative Agent conclusively presume that Executed Documentation that purports to accept Electronic Signatures in any form have been sent by an authorized officer of a Person has been sent by an authorized officer of such Person. The party providing Executed Documentation through electronic transmission or format without its prior written consent and pursuant otherwise with electronic signatures agrees to procedures approved by it; providedassume all risks arising out of such electronic methods, furtherincluding, without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept any Electronic Signaturelimitation, the Administrative Agent and each risk of the Lenders shall be entitled to rely Collateral Agent acting on such Electronic Signature purportedly given unauthorized instructions and the risk of interception and misuse by or on behalf of the Borrower or any other Loan Party without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature and (ii) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by a manually executed counterpartthird parties.

Counterparts; Electronic Signatures. (a) This Agreement Each Loan Document (other than the Notes) may be executed by one or more of the parties to this Agreement thereto on any number of separate counterparts, counterparts and all of said counterparts taken together shall be deemed to constitute one and the same instrumentdocument. It shall not be necessary in making proof of any Loan Document to produce or account for more than one counterpart signed by the party to be charged. (b) Delivery of an executed counterpart of a signature page of this Agreement and any other Loan Document by facsimile transmission telecopy, emailed pdf. or portable document format any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. (b) Agreement. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Agreement, any other Loan Document and/or any ancillary document Agreement and the transactions contemplated hereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page)form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require the Administrative Agent to accept Electronic Signatures electronic signatures in any form or format without its prior written consent and pursuant to procedures approved by it; provided, further, without consent. Without limiting the generality of the foregoing, the Borrowers hereby (i) to the extent agree that, for all purposes, including without limitation, in connection with any workout, restructuring, enforcement of remedies, bankruptcy proceedings or litigation among the Administrative Agent has agreed to accept any Electronic SignatureAgent, the Administrative Agent Lenders and each the Borrowers, electronic images of the Lenders shall be entitled to rely on such Electronic Signature purportedly given by or on behalf of the Borrower this Agreement or any other Loan Party without further verification thereof Documents (in each case, including with respect to any signature pages thereto) shall have the same legal effect, validity and without enforceability as any obligation to review the appearance or form of any such Electronic signature paper original, and (ii) waive any argument, defense or right to contest the validity or enforceability of the Loan Documents based solely on the lack of paper original copies of any Loan Documents, including with respect to any signature pages thereto. Any party to a Loan Document may rely upon the request signatures of any other party thereto which are transmitted by telecopier or other electronic means to the same extent as if originally signed. A set of the Administrative Agent or any Lender, any Electronic Signature copies of the Loan Documents signed by all the parties thereto shall be promptly followed by a manually executed counterpartdeposited with each of the Borrower and the Administrative Agent.

Counterparts; Electronic Signatures. (a) This Agreement may be executed in any number of counterparts, each of which shall be an original but all of which together shall constitute one instrument. Each counterpart may consist of a number of copies hereof, each signed by one or more less than all, but together signed by all, of the parties hereto. The parties agree to electronic contracting and signatures with respect to this Agreement on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrumentother Financing Agreements. Delivery of an executed electronic signature page of to, or a signed copy of, this Agreement and such other Financing Agreements by facsimile facsimile, email or other electronic transmission or portable document format shall be effective fully binding on the parties to the same extent as the delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties originals and shall be lodged with the Borrower and the Administrative Agent. (b) admissible into evidence for all purposes. The words “execution,” ”, “execute”, “signed,” ”, “signature,” “delivery,” ”, and words of like import in or relating related to any document to be signed in connection with this Agreement, any Agreement and the other Loan Document and/or any ancillary document Financing Agreements shall be deemed to include Electronic Signatureselectronic signatures, deliveries the electronic matching of assignment terms and contract formations on electronic platforms approved by the Company, or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page)form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof signature or the use of a paper-based recordkeeping system, as the case may be; , to the extent and as provided that nothing herein shall require for in any applicable law, including the Administrative Agent to accept Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any form or format without its prior written consent and pursuant to procedures approved by it; provided, further, without limiting other similar state laws based on the Uniform Electronic Transactions Act. Notwithstanding the foregoing, if any Purchaser shall request (iwhether directly or through the Purchasers’ special counsel referred to in Section 4.4) manually signed counterpart signatures to the extent the Administrative Agent has agreed to accept any Electronic SignatureFinancing Agreement or a manually signed Note, the Administrative Agent and each of the Lenders shall be entitled Company hereby agrees to rely on deliver such Electronic Signature purportedly given by manually signed counterpart signatures or Note to such Purchaser (or to such special counsel on behalf of such Purchaser) within 15 Business Days of such request or such longer period as the Borrower or any other Loan Party without further verification thereof requesting Purchaser and without any obligation to review the appearance or form of any such Electronic signature and (ii) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by a manually executed counterpartCompany may agree.

Counterparts; Electronic Signatures. (a) This Agreement may be executed by one or more of the parties to this Agreement on in any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement by facsimile transmission or portable document format shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. (b) The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Agreement, any other Loan Document and/or any ancillary document shall be deemed to include Electronic Signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page), each of which shall be effective only upon delivery and thereafter shall be deemed an original, and all of which shall be taken to be one and the same instrument, for the same effect as if all parties hereto had signed the same signature page. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect, validity effect of any signatures thereon and may be attached to another counterpart of this Agreement identical in form hereto but having attached to it one or enforceability as a manually more additional signature pages. An electronic facsimile (including .pdf of an executed signature, physical delivery thereof or the use counterpart of this Agreement) shall constitute an original for all purposes. The electronic signature of a paper-based recordkeeping system, party to this Agreement shall be as the case may be; provided valid as an original signature of such party and shall be effective to bind such party to this Agreement. The parties to this Agreement agree that nothing herein any electronically signed document (including this Agreement) shall require the Administrative Agent to accept Electronic Signatures in any form or format without its prior written consent and pursuant to procedures approved by it; provided, further, without limiting the foregoing, be deemed (i) to be “written” or “in writing,” (ii) to have been signed, and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. Such paper copies or “printouts,” if introduced as evidence in any proceeding, will be admissible as between the parties to the same extent and under the Administrative Agent has agreed same conditions as other original business records created and maintained in documentary form. Neither Borrower, any Guarantor Party nor Lender shall contest the admissibility of true and accurate copies of electronically signed documents on the basis of the best evidence rule or as not satisfying the business records exception to accept any Electronic Signaturethe hearsay rule. For purposes hereof, “electronic signature” means a manually signed original signature that is then transmitted via the internet as a “pdf” (portable document format) or other replicating image attached to an e-mail message, and “electronically signed document” means a document transmitted via e-mail containing an electronic signature. PELORUS FUND REIT, LLC, a Delaware limited liability company By: Name: Xxx Xxxxxx Title: Managing Member Exhibit “A” Form of Deed [see attached] RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: K&L Gates LLP 0 Xxxx Xxxxx Xxxxxxx Xxxxx Xxxxxx, Xxxxxxxxxx 00000 Attention: Xxxxxxx X. Xxxx XX, Esq. THE UNDERSIGNED GRANTOR DECLARES: 1. The Grantee named herein is/was the foreclosing Beneficiary 2. The amount of the unpaid debt together with cost is $ 3. The amount paid by the Grantee is $ 4. Document Transfer Tax is $ 0.00 THIS IS A CONVEYANCE OF PROPERTY IN LIEU OF FORECLOSURE THE VALUE OF WHICH IS LESS THAN THE UNPAID DEBT INCLUSIVE OF INTEREST AND COSTS (REVENUE AND TAX CODE SECTION 11926). Signature of Declarant Firm Name: Unincorporated Area, County of Stanislaus APN(S): THIS DEED IN LIEU OF FORECLOSURE (this “Deed”), made to be effective as of [ ], 2023, is from XXXXX, LLC, a California limited liability company (“Grantor”), whose business address is 000 Xxxx Xxx, Modesto, California, to [ ], a Delaware limited liability company (“Grantee”), whose business address is [000 Xxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx Xxxxx, XX 00000]. FOR GOOD AND VALUABLE CONSIDERATION, the Administrative Agent receipt and each sufficiency of which is hereby acknowledged, Grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee, its successors and assigns forever, all of the Lenders shall be entitled real property together with all improvements, if any, in the County of Stanislaus Unincorporated, State of California described on Exhibit A attached hereto, including all of Grantor’s interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, if any, together with all and singular the hereditaments and appurtenance thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or in equity, of, in, and to rely on such Electronic Signature purportedly given by or on behalf the above-bargained premises with the hereditaments and appurtenances (collectively, the “Property”). Notwithstanding anything to the contrary contained herein, all of the Borrower liens and security interests (hereinafter collectively called the “Liens”) created by that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing, dated July 29, 2022 (the “Deed of Trust”), by Grantor, in favor of Xxxxxxx Title and Guaranty Company, a Texas corporation (the “Trustee”), for the benefit of Pelorus Fund REIT, LLC, a Delaware limited liability company (“Lender”) recorded under Document Number DOC-2022-0053176, Stanislaus County Recorder’s Office, California, on August 2, 2022, are NOT RELEASED or RELINQUISHED in any manner or respect whatsoever, those Liens to remain valid, continuous and in full force and effect unless and until released by written instrument (the “Release”) executed by Lender or its successors or assigns, and recorded in the real property records of Stanislaus Unincorporated County, California records, which Release may be made as, if and when Lender or its successors or assigns shall determine in the exercise of its sole discretion. Neither Grantor nor Grantee intend that there shall be, and there shall not in any event be, a merger of any of the Liens with the title or other interest of Grantee by virtue of this conveyance, and the parties expressly provide that each such interest in the Liens, on one hand, and title, on the other, be and remain at all times, SEPARATE AND DISTINCT. THIS DEED IS AN ABSOLUTE CONVEYANCE, TO GRANTEE OF THE TITLE TO THE PROPERTY AND IS NOT INTENDED TO SERVE OR OPERATE AS A MORTGAGE, DEED OF TRUST, SECURITY AGREEMENT, OR SECURITY INTEREST OF ANY KIND. A PORTION OF THE CONSIDERATION FOR THIS DEED IS THE AGREEMENT BY XXXXXXX, AS THE HOLDER OF THE DEED OF TRUST, TO FORBEAR FROM PURSUING ITS REMEDIES AGAINST GRANTOR FOR PAYMENT OF INDEBTEDNESS SECURED BY THE DEED OF TRUST BUT THIS DEED IS NOT GIVEN IN SATISFACTION OF THE DEED OF TRUST. XXXXXXX DECLARES THAT THIS CONVEYANCE IS FREELY AND FAIRLY MADE. THIS STATEMENT IS MADE FOR THE PROTECTION AND BENEFIT OF THE GRANTEE, THE GRANTEE’S SUCCESSORS AND ASSIGNS, AND ALL OTHER PARTIES HEREAFTER DEALING WITH OR WHO MAY ACQUIRE AN INTEREST IN THE PROPERTY, AND FOR THE BENEFIT OF ALL TITLE INSURANCE COMPANIES THAT INSURE TITLE TO THE PROPERTY. For purposes of priority as between (i) intervening or inferior liens, security interests, claims or encumbrances on or against the Property, or any other Loan Party without further verification part thereof and without any obligation to review the appearance or form of any such Electronic signature and (ii) upon the request Liens, any and all rights of Lender or Trustee to exercise its remedies of foreclosure of any of the Administrative Agent Liens or any Lenderother remedies are expressly preserved hereby and for purposes of limitations and other applicable time bar defenses, the same are expressly extended as evidenced by this instrument; and TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances unto Grantee, its successors and assigns forever. Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns against all and every person or persons claiming the whole or any Electronic Signature shall part thereof by, through, or under Grantor, EXCEPT FOR AND SUBJECT TO those matters set forth in Exhibit B attached hereto. IN WITNESS WHEREOF, Xxxxxxx has caused this Deed to be promptly followed by a manually executed counterpart.as of the day of , 2023. XXXXX, LLC By: Print Name: Print Title:

Counterparts; Electronic Signatures. (a) This Agreement may be executed by one or more in counterparts of the parties to this Agreement on any number of separate counterpartshereof, and all of said counterparts taken together each such counterpart shall be deemed to considered an original and all such counterparts shall constitute one and the same instrument. . (b) Delivery of an executed signature page of this Agreement by facsimile electronic transmission or portable document format shall be effective as delivery of a manually executed counterpart hereof. A set Except to the extent applicable law would prohibit the same, make the same unenforceable or affirmatively requires a manually executed counterpart signature, (i) the delivery of the copies an executed counterpart of a signature page of this Agreement signed emailed .pdf or any other electronic means approved by all DOE in writing (which may be via email) that reproduces an image of the parties actual executed signature page shall be lodged as effective as the delivery of a manually executed counterpart of this Agreement, and (ii) if agreed by DOE in writing (which may be via email) with respect to this Agreement, the Borrower and delivery of an executed counterpart of a signature page of this Agreement by electronic means that types in the Administrative Agent. signatory to a document as a “conformed signature” from an email address approved by DOE in writing (bwhich may be via email) The shall be as effective as the delivery of a manually executed counterpart of this Agreement. In furtherance of the foregoing, the words “execution,” ”, “signed,” ”, “signature,” ”, “delivery,” and words of like import in or relating to any document to be signed in connection with this Agreement, any other Loan Document and/or any ancillary document Agreement and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page)form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be; , to the extent and as provided that nothing herein shall require for in any applicable law, including the Administrative Agent to accept Federal Electronic Signatures in any form or format without its prior written consent Global and pursuant to procedures approved by it; provided, further, without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept any Electronic SignatureNational Commerce Act, the Administrative Agent New York State Electronic Signatures and each of the Lenders shall be entitled to rely on such Electronic Signature purportedly given by or on behalf of the Borrower Records Act, or any other Loan Party without further verification thereof and without any obligation similar state laws based on the Uniform Electronic Transactions Act. As used herein, “Electronic Signature” has the meaning assigned to review the appearance or form of any such Electronic signature and (ii) upon the request of the Administrative Agent or any Lenderit by 15 USC §7006, any Electronic Signature shall as it may be promptly followed by a manually executed counterpartamended from time to time.

Counterparts; Electronic Signatures. (a) This Agreement may be executed by one or more of the parties to this Agreement on any number of separate counterpartscounterparts (including by facsimile or other electronic transmission (i.e., a “pdf” or “tif”)), and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement by facsimile transmission or portable document format shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. . Delivery of an executed counterpart of a signature page of (bx) this Agreement, (y) any other Credit Document and/or (z) any document, amendment, approval, consent, information, notice (including, for the avoidance of doubt, any notice delivered pursuant to Section 13.2), certificate, request, statement, disclosure or authorization related to this Agreement, any other Credit Document and/or the transactions contemplated hereby and/or thereby (each an “Ancillary Document”) that is an Electronic Signature transmitted by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page shall be effective as delivery of a manually executed counterpart of this Agreement, such other Credit Document or such Ancillary Document, as applicable. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Agreement, any other Loan Credit Document and/or any ancillary document Ancillary Document shall be deemed to include Electronic Signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page), each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be; provided that nothing herein shall require the Administrative Agent to accept Electronic Signatures in any form or format without its prior written consent and pursuant to procedures approved by it; provided, further, without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept any Electronic Signature, the Administrative Agent and each of the Lenders shall be entitled to rely on such Electronic Signature purportedly given by or on behalf of the Borrower or any other Loan Credit Party without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature Signature and (ii) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by a manually executed counterpart.. Without limiting the generality of the foregoing, the Borrower and each Credit Party hereby (A) agrees that, for all purposes, including without limitation, in connection with any workout, restructuring, enforcement of remedies, bankruptcy proceedings or

Counterparts; Electronic Signatures. (a) This Agreement Second Amendment may be executed by one or more of the parties to this Agreement Second Amendment on any number of separate counterparts, and all of said such counterparts taken together shall be deemed to constitute one and the same instrumentagreement. Delivery of an executed counterpart of a signature page of this Agreement Second Amendment by facsimile transmission or portable document format other electronic imaging means (e.g., via electronic mail in .pdf form) shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. (b) Second Amendment. The words “execution,” “execute,” “signed,” “signature,” “delivery,” and words of like import in or relating related to this Agreement, Second Amendment or any other Loan Document and/or any ancillary document to be signed in connection with this Second Amendment and the transactions contemplated hereby shall be deemed to include Electronic Signatureselectronic signatures, deliveries the electronic matching of assignment terms and contract formations on electronic platforms approved by the Administrative Agent, or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page)form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act; provided that nothing that, notwithstanding anything contained herein shall require to the contrary, the Administrative Agent is under no obligation to agree to accept Electronic Signatures electronic signatures in any form or in any format without its prior written consent and unless expressly agreed to by the Administrative Agent pursuant to procedures approved by it; provided, further, without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept any Electronic Signature, the Administrative Agent and each of the Lenders shall be entitled to rely on such Electronic Signature purportedly given by or on behalf of the Borrower or any other Loan Party without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature and (ii) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by a manually executed counterpart.

Counterparts; Electronic Signatures. (a) This Agreement may be executed by one in two or more of the parties to this Agreement on any number of separate counterparts, and each of which shall constitute an original but all of said counterparts which when taken together shall be deemed to constitute but one contract, and the same instrumentshall become effective as provided in Section 9.03. Delivery of an executed counterpart of a signature page of to this Agreement by facsimile transmission or portable document by email (with the executed counterpart of the signature page attached to the email in PDF format or similar format) shall be effective as delivery of a manually an original executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. (b) Agreement. The words “execute,” “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating related to this Agreement, any other Loan Document and/or or any ancillary document document, amendment, approval, consent, waiver, modification, information, notice, certificate, report, statement, disclosure, or authorization to be signed or delivered in connection with this Agreement or any other Loan Document or the transactions contemplated hereby shall be deemed to include Electronic SignaturesSignatures or execution in the form of an Electronic Record, and contract formations on electronic platforms approved by the Administrative Agent, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page)form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof signature or the use of a paper-based recordkeeping system, as the case may be; , to the extent and as provided for in any Applicable Law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act. Each party hereto agrees that nothing any Electronic Signature or execution in the form of an Electronic Record shall be valid and binding on itself and each of the other parties hereto to the same extent as a manual, original signature. For the avoidance of doubt, the authorization under this paragraph may include, without limitation, use or acceptance by the parties of a manually signed paper which has been converted into electronic form (such as scanned into PDF format), or an electronically signed paper converted into another format, for transmission, delivery and/or retention. Notwithstanding anything contained herein shall require to the contrary, the Administrative Agent is under no obligation to accept an Electronic Signatures Signature in any form or in any format without its prior written consent and unless expressly agreed to by the Administrative Agent pursuant to procedures approved by it; provided, further, provided that without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept such Electronic Signature from any Electronic Signatureparty hereto, the Administrative Agent and each of the Lenders other parties hereto shall be entitled to rely on any such Electronic Signature purportedly given by or on behalf of the Borrower or any other Loan Party executing party without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature and (ii) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by a an original manually executed counterpartcounterpart thereof. Without limiting the generality of the foregoing, each party hereto hereby (A) agrees that, for all purposes, including without limitation, in connection with any workout, restructuring, enforcement of remedies, bankruptcy proceedings or litigation among the Administrative Agent, the Lenders and the Borrower, electronic images of this Agreement or any other Loan Document (in each case, including with respect to any signature pages thereto) shall have the same legal effect, validity and enforceability as any paper original, and (B) waives any argument, defense or right to contest the validity or enforceability of the Loan Documents based solely on the lack of paper original copies of any Loan Documents, including with respect to any signature pages thereto.

Counterparts; Electronic Signatures. (a) This Agreement may be executed by one or more of the parties to this Agreement on any number of separate in counterparts, and each of which shall constitute an original but all of said counterparts which when taken together shall be deemed to constitute one and the same instrumenta single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be as effective as delivery of a manually signed counterpart of this Agreement. (b) Delivery of an executed counterpart of a signature page of this Agreement by facsimile transmission fax, emailed pdf. or portable document format any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. (b) Agreement. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Agreement, any other Loan Document and/or any ancillary document Agreement and the transactions contemplated hereby or thereby shall be deemed to include Electronic SignaturesSignatures in a manner acceptable by all parties hereto, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page)form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require the Administrative that, Collateral Agent is not under any obligation to agree to accept Electronic Signatures in any form or format without its prior written consent and unless expressly agreed to by the Collateral Agent pursuant to reasonable procedures approved by it; provided, further, without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept any Electronic Signature, the Administrative Agent and each of the Lenders shall be entitled to rely on such Electronic Signature purportedly given by or on behalf of the Borrower or any other Loan Party without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature and (ii) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by a manually executed counterpartCollateral Agent.

Counterparts; Electronic Signatures. (a) This Agreement Agreement, any Loan Document and any other Communication, including Communications required to be in writing, may be in the form of an Electronic Record and may be executed using Electronic Signatures. Each Obligor and each Agent and each Lender and LC Issuer agrees that any Electronic Signature on or associated with any Communication shall be valid and binding on such Person to the same extent as a manual, original signature, and that any Communication entered into by one Electronic Signature, will constitute the legal, valid and binding obligation of such Person enforceable against such Person in accordance with the terms thereof to the same extent as if a manually executed original signature was delivered. Any Communication may be executed in as many counterparts as necessary or more of the parties to this Agreement on any number of separate convenient, including both paper and electronic counterparts, and but all of said such counterparts taken together shall be deemed to constitute are one and the same instrumentCommunication. Delivery For the avoidance of an executed signature page of doubt, the authorization under this Agreement by facsimile transmission Section 10.15(a) may include, without limitation, use or portable document format shall be effective as delivery acceptance of a manually executed counterpart hereofsigned paper Communication which has been converted into electronic form (such as scanned into .pdf format), or an electronically signed Communication converted into another format, for transmission, delivery or retention. A set The Agents and each of the Lenders and LC Issuers may, at its option, create one or more copies of this Agreement signed by all any Communication in the parties shall be lodged with the Borrower and the Administrative Agent. form of an imaged Electronic Record (b) The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this AgreementElectronic Copy”), any other Loan Document and/or any ancillary document which shall be deemed to include Electronic Signaturescreated in the ordinary course of such Person’s business, deliveries or and destroy the keeping of records original paper document. All Communications in any electronic the form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page)Electronic Record, each of which including an Electronic Copy, shall be of considered an original for all purposes, and shall have the same legal effect, validity or and enforceability as a manually executed signaturepaper record. Notwithstanding anything contained herein to the contrary, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be; provided that nothing herein shall require the Administrative Agent Agents are not under any obligation to accept an Electronic Signatures Signature in any form or in any format without its prior written consent and unless expressly agreed to by such Person pursuant to procedures approved by it; provided, furtherprovided that, without limiting the foregoing, (ia) to the extent the Administrative Agent has agreed to accept any such Electronic Signature, the Administrative each Agent and each of the Lenders and LC Issuers shall be entitled to rely on any such Electronic Signature purportedly given by or on behalf of the Borrower any Obligor or any other Loan Party Lender without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature and (iib) upon the request of the Administrative any Agent or any LenderLender or LC Issuer, any Electronic Signature shall be promptly followed by a such manually executed counterpart.

Counterparts; Electronic Signatures. (a) This Agreement may be executed by one or more in counterparts of the parties to this Agreement on any number of separate counterpartshereof, and all of said counterparts taken together each such counterpart shall be deemed to considered an original and all such counterparts shall constitute one and the same instrument. . (b) Delivery of an executed signature page of this Agreement by facsimile electronic transmission or portable document format shall be effective as delivery of a manually executed counterpart hereof. A set Except to the extent Applicable Law would prohibit the same, make the same unenforceable or affirmatively requires a manually executed counterpart signature, (i) the delivery of the copies an executed counterpart of a signature page of this Agreement signed in Electronic Format by all email or any other electronic means approved by the parties Guarantor in writing (which may be via email) that reproduces an image of the actual executed signature page shall be lodged as effective as the delivery of a manually executed counterpart of this Agreement, and (ii) if agreed by the Guarantor in writing (which may be via email) with respect to this Agreement, the Borrower and delivery of an executed counterpart of a signature page of this Agreement by electronic means that types in the Administrative Agent. signatory to a document as a “conformed signature” from an email address approved by the Guarantor in writing (bwhich may be via email) The shall be as effective as the delivery of a manually executed counterpart of this Agreement. In furtherance of the foregoing, the words “execution,” ”, “signed,” ”, “signature,” ”, “delivery,” and words of like import in or relating to any document to be signed in connection with this Agreement, any other Loan Document and/or any ancillary document Agreement and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page)form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be; , to the extent and as provided that nothing herein shall require for in any Applicable Law, including the Administrative Agent to accept Federal Electronic Signatures in any form or format without its prior written consent Global and pursuant to procedures approved by it; provided, further, without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept any Electronic SignatureNational Commerce Act, the Administrative Agent New York State Electronic Signatures and each of the Lenders shall be entitled to rely on such Electronic Signature purportedly given by or on behalf of the Borrower Records Act, or any other Loan Party without further verification thereof and without any obligation similar state laws based on the Uniform Electronic Transactions Act. As used herein, “Electronic Signature” has the meaning assigned to review the appearance or form of any such Electronic signature and (ii) upon the request of the Administrative Agent or any Lenderit by 15 U.S.C. §7006, any Electronic Signature shall as it may be promptly followed by a manually executed counterpartamended from time to time.

Counterparts; Electronic Signatures. (a) This Agreement Third Amendment may be executed by one or more of the parties to this Agreement Third Amendment on any number of separate counterparts, and all of said such counterparts taken together shall be deemed to constitute one and the same instrumentagreement. Delivery of an executed counterpart of a signature page of this Agreement Third Amendment by facsimile transmission or portable document format other electronic imaging means (e.g., via electronic mail in .pdf form) shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. (b) Third Amendment. The words “execution,” “execute,” “signed,” “signature,” “delivery,” and words of like import in or relating related to this Agreement, Third Amendment or any other Loan Document and/or any ancillary document to be signed in connection with this Third Amendment and the transactions contemplated hereby shall be deemed to include Electronic Signatureselectronic signatures, deliveries the electronic matching of assignment terms and contract formations on electronic platforms approved by the Administrative Agent, or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page)form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act; provided that nothing that, notwithstanding anything contained herein shall require to the contrary, the Administrative Agent is under no obligation to agree to accept Electronic Signatures electronic signatures in any form or in any format without its prior written consent and unless expressly agreed to by the Administrative Agent pursuant to procedures approved by it; provided, further, without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept any Electronic Signature, the Administrative Agent and each of the Lenders shall be entitled to rely on such Electronic . [Signature purportedly given by or on behalf of the Borrower or any other Loan Party without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature and (ii) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by a manually executed counterpart.Pages Follow]

Counterparts; Electronic Signatures. (a) This Agreement may be executed by one or more of the parties to this Agreement on in any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement by facsimile transmission or portable document format shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. (b) The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Agreement, any other Loan Document and/or any ancillary document shall be deemed to include Electronic Signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page), each of which shall be effective only upon delivery and thereafter shall be deemed an original, and all of which shall be taken to be one and the same instrument, for the same effect as if all parties hereto had signed the same signature page. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect, validity effect of any signatures thereon and may be attached to another counterpart of this Agreement identical in form hereto but having attached to it one or enforceability as a manually more additional signature pages. An electronic facsimile (including .pdf of an executed signature, physical delivery thereof or the use counterpart of this Agreement) shall constitute 148 313271651.15 an original for all purposes. The electronic signature of a paper-based recordkeeping system, party to this Agreement shall be as the case may be; provided valid as an original signature of such party and shall be effective to bind such party to this Agreement. The parties agree that nothing herein any electronically signed document (including this Agreement) shall require the Administrative Agent to accept Electronic Signatures in any form or format without its prior written consent and pursuant to procedures approved by it; provided, further, without limiting the foregoing, be deemed (i) to the extent the Administrative Agent has agreed to accept any Electronic Signature, the Administrative Agent and each of the Lenders shall be entitled to rely on such Electronic Signature purportedly given by “written” or on behalf of the Borrower or any other Loan Party without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature and “in writing,” (ii) upon to have been signed, and (iii) to constitute a record established and maintained in the request ordinary course of business and an original written record when printed from electronic files. Such paper copies or “printouts,” if introduced as evidence in any proceeding, will be admissible as between the parties to the same extent and under the same conditions as other original business records created and maintained in documentary form. Neither Borrower nor Lxxxxx shall contest the admissibility of true and accurate copies of electronically signed documents on the basis of the Administrative Agent best evidence rule or any Lenderas not satisfying the business records exception to the hearsay rule. For purposes hereof, any Electronic Signature shall be promptly followed by “electronic signature” means a manually executed counterpartsigned original signature that is then transmitted via the internet as a “pdf” (portable document format) or other replicating image attached to an e-mail message, and “electronically signed document” means a document transmitted via e-mail containing an electronic signature.

Counterparts; Electronic Signatures. (a) This Agreement Amendment may be executed in counterparts (and by one or more different parties hereto on different counterparts), each of the parties to this Agreement on any number of separate counterparts, and which shall constitute an original but all of said counterparts which when taken together shall be deemed to constitute one and the same instrument. a single contract. (a) Delivery of an executed counterpart of a signature page of this Agreement Amendment by facsimile transmission telecopy, emailed pdf. or portable document format any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. (b) Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Agreement, any other Loan Document and/or any ancillary document Amendment and the transactions contemplated hereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page)form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require the Administrative Agent to accept Electronic Signatures electronic signatures in any form or format without its prior written consent and pursuant to procedures approved by it; provided, further, without consent. Without limiting the generality of the foregoing, the Borrower hereby (i) to the extent agrees that, for all purposes, including without limitation, in connection with any workout, restructuring, enforcement of remedies, bankruptcy proceedings or litigation among the Administrative Agent has agreed to accept any Electronic SignatureAgent, the Administrative Agent Lenders and each the Loan Parties, electronic images of this Amendment shall have the Lenders shall be entitled to rely on such Electronic Signature purportedly given by or on behalf of the Borrower or same legal effect, validity and enforceability as any other Loan Party without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature paper original, and (ii) upon waives any argument, defense or right to contest the request validity or enforceability of this Amendment based solely on the Administrative Agent or lack of paper original copies of this Amendment, including with respect to any Lender, any Electronic Signature shall be promptly followed by a manually executed counterpartsignature pages hereto.

Counterparts; Electronic Signatures. (a) This Agreement may be executed by one or more of the parties to this Agreement on any number of separate counterpartscounterparts (including by facsimile or other electronic imaging means), and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of In proving this Agreement or any Loan Document in any judicial proceedings, it shall not be necessary to produce or account for more than one such counterpart signed by the party against whom such enforcement is sought. Any signatures delivered by a party hereto by facsimile transmission or portable document format by e-mail transmission shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agentdeemed an original signature hereto. (b) The words Agents are authorized and permitted to accept directions, certificates, requisitions, statements, notices, approvals, consents, requests, instructions, and any other communications (collectively, “execution,” “signed,” “signature,” “delivery,” Communications”) including but not limited to investment, account transfer, and words of like import in or relating payment instructions, via e-mail from an authorized corporate e-mail address as listed on an incumbency certificate provided by the applicable party to this Agreementthe Agents. The Borrower, any other Loan Document and/or Party or any ancillary document Lender may deliver any Communications, including but not limited to investment, account transfer, and payment instructions, to the Agents via e-mail, provided that such comes from one of the persons authorized on the incumbency certificate delivered pursuant to this section and from the respective authorized e-mail address. Any Communication via e-mail from the persons authorized on such incumbency certificate shall be deemed considered signed by the person or persons designated by the applicable party. The Agents are authorized and permitted to include Electronic Signaturesaccept Communications, deliveries including but not limited to investment, account transfer, and payment instructions, provided via electronic signature. The Borrower, any other Loan Party or any Lender may authorize or sign any Communications, including but not limited to investment, account transfer, and payment instructions, for the keeping Collateral Agent using electronic signatures. Any electronic signature document delivered via email from a person authorized on the incumbency certificate delivered pursuant to this section shall be considered signed or executed by such person on behalf of records the applicable party. (c) Each of the parties hereto agrees on behalf of itself, and any Person acting or claiming by, under or through such party, that any written instrument delivered in any electronic form (including deliveries by telecopy, emailed pdf. connection with this Agreement or any other Loan Document or any related document, including without limitation any amendments or supplements to such documents, may be executed by electronic means that reproduces an image methods (whether by ..pdf scan or utilization of an actual executed electronic signature pageplatform or application), each of which . Any electronic signature document delivered via email from a person authorized on an incumbency certificate provided by any party to the Agents shall be considered signed or executed by such person on behalf of such party. Each of the same legal effectBorrower and Holdings, validity or enforceability as a manually executed signatureon behalf of itself and the other Loan Parties, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be; provided that nothing herein shall require the Administrative Agent to accept Electronic Signatures in any form or format without its prior written consent and pursuant to procedures approved by it; provided, further, without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept any Electronic Signature, the Administrative Agent and each of the Lenders shall be entitled agrees to rely on such Electronic Signature purportedly given by or on behalf assume all risks arising out of the Borrower use of electronic methods for all purposes including the authorization, execution, delivery, or any other Loan Party submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to the Agents, including without further verification thereof limitation the risk of either Agent acting on unauthorized instructions, and without any obligation to review the appearance or form risk of any such Electronic signature interception and (ii) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed misuse by a manually executed counterpartthird parties.

Counterparts; Electronic Signatures. (a) This Agreement Indenture may be executed by one in as many counterparts as necessary or more of the parties to this Agreement on any number of separate convenient, including both paper and electronic counterparts, and but all of said such counterparts taken together shall be deemed to constitute are one and the same instrumentagreement. Delivery This Indenture may be in the form of an Electronic Record and may be executed signature page of this Agreement by using Electronic Signatures (including, without limitation, facsimile transmission or portable document format and .pdf) and shall be effective considered an original, and shall have the same legal effect, validity and enforceability as delivery a paper record. For the avoidance of doubt, the authorization under this paragraph may include, without limitation, use or acceptance by the Initial Purchasers of a manually executed counterpart signed paper communication which has been converted into electronic form (such as scanned into PDF format), or an electronically signed communication converted into another format, for transmission, delivery and/or retention. For purposes hereof, “Electronic Record” and “Electronic Signature” shall have the meanings assigned to them, respectively, by 15 USC §7006, as it may be amended from time to time. A set Unless otherwise provided herein or in the Notes or any of the copies of this Agreement signed by all Security Documents, the parties shall be lodged with the Borrower and the Administrative Agent. (b) The words “execute”, “execution,” ”, “signed,” ”, and “signature,” “delivery,” and words of like similar import used in or relating related to any document to be signed in connection with this AgreementIndenture, the Notes, any of the Security Documents or any of the transactions contemplated hereby (including amendments, waivers, consents and other Loan Document and/or any ancillary document modifications) shall be deemed to include Electronic Signatures, deliveries or electronic signatures and the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page)form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof signature in ink or the use of a paper-based recordkeeping system, as applicable, to the case may be; fullest extent and as provided that nothing for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, and any other similar state laws based on the Uniform Electronic Transactions Act, provided that, notwithstanding anything herein shall require to the Administrative contrary, neither the Trustee nor the Notes Collateral Agent is under any obligation to agree to accept Electronic Signatures electronic signatures in any form or in any format without its prior written consent and unless expressly agreed to by such Trustee or Notes Collateral Agent pursuant to procedures approved by it; provided, further, without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept any Electronic Signature, the Administrative Agent and each of the Lenders shall be entitled to rely on such Electronic Signature purportedly given by Trustee or on behalf of the Borrower or any other Loan Party without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature and (ii) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by a manually executed counterpartNotes Collateral Agent.

Counterparts; Electronic Signatures. (a) This Agreement Agreement, any Loan Document and any other Communication, including Communications required to be in writing, may be in the form of an Electronic Record and may be executed by one or more using Electronic Signatures. The Parent, each Obligor and each of the parties Administrative Agent and each Lender agrees that any Electronic Signature on or associated with any Communication shall be valid and binding on such Person to this Agreement on the same extent as a manual, original signature, and that any number Communication entered into by Electronic Signature, will constitute the legal, valid and binding obligation of separate such Person enforceable against such Person in accordance with the terms thereof to the same extent as if a manually executed original signature was delivered. Any Communication may be executed in as many counterparts as necessary or convenient, including both paper and electronic counterparts, and but all of said such counterparts taken together shall be deemed to constitute are one and the same instrumentCommunication. Delivery For the avoidance of an executed signature page of doubt, the authorization under this Agreement by facsimile transmission Section 10.15(a) may include, without limitation, use or portable document format shall be effective as delivery acceptance of a manually executed counterpart hereofsigned paper Communication which has been converted into electronic form (such as scanned into .pdf format), or an electronically signed Communication converted into another format, for transmission, delivery or retention. A set The Administrative Agent and each of the Lenders may, at its option, create one or more copies of this Agreement signed by all any Communication in the parties shall be lodged with the Borrower and the Administrative Agent. form of an imaged Electronic Record (b) The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this AgreementElectronic Copy”), any other Loan Document and/or any ancillary document which shall be deemed to include Electronic Signaturescreated in the ordinary course of such Person’s business, deliveries or and destroy the keeping of records original paper document. All Communications in any electronic the form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page)Electronic Record, each of which including an Electronic Copy, shall be of considered an original for all purposes, and shall have the same legal effect, validity or and enforceability as a manually executed signaturepaper record. Notwithstanding anything contained herein to the contrary, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be; provided that nothing herein shall require the Administrative Agent is not under any obligation to accept an Electronic Signatures Signature in any form or in any format without its prior written consent and unless expressly agreed to by such Person pursuant to procedures approved by it; provided, furtherprovided that, without limiting the foregoing, (ia) to the extent the Administrative Agent has agreed to accept any such Electronic Signature, the Administrative Agent and each of the Lenders shall be entitled to rely on any such Electronic Signature purportedly given by or on behalf of the Borrower Parent, any Obligor or any other Loan Party Lender without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature and (iib) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by a such manually executed counterpart. (b) The Administrative Agent shall not be responsible for or have any duty to ascertain or inquire into the sufficiency, validity, enforceability, effectiveness or genuineness of any Loan Document or any other agreement, instrument or document (including, for the avoidance of doubt, in connection with the Administrative Agent’s reliance on any Electronic Signature transmitted by telecopy, emailed .pdf or any other electronic means). The Administrative Agent shall be entitled to rely on, and shall incur no liability under or in respect of this Agreement or any other Loan Document by acting upon, any Communication (which writing may be a fax, any electronic message, Internet or intranet website posting or other distribution or signed using an Electronic Signature) or any statement made to it orally or by telephone and believed by it to be genuine and signed or sent or otherwise authenticated (whether or not such Person in fact meets the requirements set forth in the Loan Documents for being the maker thereof). (c) The Parent, each Obligor and each Lender hereby waives (i) any argument, defense or right to contest the legal effect, validity or enforceability of this Agreement and any other Loan Document based solely on the lack of paper original copies of this Agreement or such other Loan Document, and (ii) waives any claim against the Administrative Agent, each Lender and each Related Party for any liabilities arising solely from the Administrative Agent’s or any Lender’s reliance on or use of Electronic Signatures, including any liabilities arising as a result of the failure of the Parent or any Obligor to use any available security measures in connection with the execution, delivery or transmission of any Electronic Signature.

Counterparts; Electronic Signatures. (a) This Agreement may be executed by one or more of the parties to this Agreement on any number of separate in counterparts, and each of which shall constitute an original but all of said counterparts which when taken together shall be deemed to constitute one and the same instrumenta single contract. Delivery of an executed signature page to this Agreement by fax or other electronic transmission shall be as effective as delivery of a manually signed counterpart of this Agreement. Delivery of an executed counterpart of a signature page of this Agreement by facsimile transmission or portable document format by email as a “.pdf” or “.tif” attachment shall be effective as delivery of a manually executed counterpart hereofof this Agreement. A set Delivery of an executed counterpart of a signature page of this Agreement, and/or any document, amendment, approval, consent, information, notice, certificate, request, statement, disclosure or authorization related to this Agreement and/or the copies transactions contemplated hereby and/or thereby (each an “Ancillary Document”) that is an electronic sound, symbol, or process attached to, or associated with, a contract or other record and adopted by a person with the intent to sign, authenticate or accept such contract or record (an “Electronic Signature”) transmitted by telecopy, emailed pdf or any other electronic means that reproduces an image of an actual executed signature page shall be effective as delivery of a manually executed counterpart of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. (b) or such Ancillary Document, as applicable. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Agreement, any other Loan Document Agreement and/or any ancillary document Ancillary Document shall be deemed to include Electronic Signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. pdf or any other electronic means that reproduces an image of an actual executed signature page), each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be; provided that nothing herein . This Agreement shall require be valid, binding, and enforceable against a party only when executed and delivered by an authorized individual on behalf of the Administrative Agent to accept party by means of (i) any electronic signature permitted by the federal Electronic Signatures in any form or format without its prior written consent Global and pursuant to procedures approved by it; providedNational Commerce Act, further, without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept any Electronic Signature, the Administrative Agent and each state enactments of the Lenders Uniform Electronic Transactions Act, and/or any other relevant electronic signatures law, including relevant provisions of the UCC; (ii) an original manual signature; or (iii) a faxed, scanned, or photocopied manual signature. Each party hereto shall be entitled to conclusively rely on such Electronic Signature purportedly given by upon, and shall have no liability with respect to, any faxed, scanned, or on behalf of the Borrower photocopied manual signature, or any other Loan Party without further verification thereof and without any obligation to review the appearance or form electronic signature, of any such Electronic signature party and (ii) upon shall have no duty to investigate, confirm or otherwise verify the request of the Administrative Agent validity or any Lender, any Electronic Signature shall be promptly followed by a manually executed counterpartauthenticity thereof.

Counterparts; Electronic Signatures. (a) This Agreement may be executed by one Agreement, the other Loan Documents, and any document, amendment, approval, consent, information, notice, certificate, request, statement, disclosure or more of the parties authorization related to this Agreement on any number of separate counterpartsand the other Loan Documents (each a “Written Communication”) shall be valid, binding, and all of said counterparts taken together shall be deemed to constitute one enforceable against a party when executed and the same instrument. Delivery of delivered by an executed signature page of this Agreement by facsimile transmission or portable document format shall be effective as delivery of a manually executed counterpart hereof. A set authorized individual on behalf of the copies party by means of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. (bi) The words “execution,” “signed,” “an original manual signature,” “delivery,” and words of like import in ; (ii) a faxed, scanned, or relating to this Agreementphotocopied manual signature, any other Loan Document and/or any ancillary document shall be deemed to include Electronic Signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. iii) or any other electronic means that reproduces an image signature permitted by the federal Electronic Signatures in Global and National Commerce Act, state enactments of the Uniform Electronic Transactions Act, and/or any other relevant electronic signatures law, including relevant provisions of the Uniform Commercial Code, in each case to the extent applicable. Each Written Communication may be in the form of an actual Electronic Record and may be executed signature page)using Electronic Signatures (including, each of which without limitation, facsimile and .pdf) and shall be of considered an original, and shall have the same legal effect, validity or and enforceability as a manually paper record. This Agreement may be executed signaturesimultaneously in as many counterparts as necessary or convenient, physical delivery thereof including both paper and electronic counterparts, but each counterpart shall be deemed to be an original and all such counterparts shall constitute one and the same agreement. For the avoidance of doubt, the authorization under this paragraph may include, without limitation, use or the use acceptance by any party hereto of a paper-based recordkeeping systemmanually signed paper Written Communication which has been converted into electronic form (such as scanned into PDF format), or an electronically signed Written Communication converted into another format, for transmission, delivery and/or retention. Electronic Signatures and facsimile signatures shall be deemed valid and binding to the same extent as the original. For purposes hereof, “Electronic Record” and “Electronic Signature” shall have the meanings assigned to them, respectively, by 15 USC §7006, as the case it may be; provided that nothing herein shall require the Administrative Agent be amended from time to accept Electronic Signatures in any form or format without its prior written consent and pursuant to procedures approved by it; provided, further, without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept any Electronic Signature, the Administrative Agent and each of the Lenders time. Each party hereto shall be entitled to conclusively rely on upon, and shall have no liability with respect to, any faxed, scanned, or photocopied manual signature, or other electronic signature, of any other party (whether such Electronic Signature purportedly given by or on behalf of the Borrower signature is with respect to this Agreement or any notice, officer’s certificate or other Loan Party without further verification thereof ancillary document delivered pursuant to or in connection with this Agreement) and without any obligation shall have no duty to review investigate, confirm or otherwise verify the appearance validity or form of any such Electronic signature and (ii) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by a manually executed counterpartauthenticity thereof.

Counterparts; Electronic Signatures. (a) This Agreement may be executed in any number of counterparts, each of which shall be an original but all of which together shall constitute one instrument. Each counterpart may consist of a number of copies hereof, each signed by one or more less than all, but together signed by all, of the parties hereto. The parties agree to electronic contracting and signatures with respect to this Agreement on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and documents relating thereto (other than the same instrumentNotes). Delivery of an executed electronic signature page of to, or a signed copy of, this Agreement and all documents relating thereto (other than the Notes) by facsimile facsimile, email or other electronic transmission or portable document format shall be effective fully binding on the parties to the same extent as the delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties originals and shall be lodged with the Borrower and the Administrative Agent. (b) admissible into evidence for all purposes. The words “execution,” “execute”, “signed,” “signature,” “delivery,” and words of like import in or related to any document to be signed in connection with this Agreement and all documents relating to this Agreement, any thereto (other Loan Document and/or any ancillary document than the Notes) shall be deemed to include Electronic Signatureselectronic signatures, deliveries the electronic matching of assignment terms and contract formations on electronic platforms approved by the Company, or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page)form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof signature or the use of a paper-paper based recordkeeping system, as the case may be; , to the extent and as provided that nothing herein shall require for in any applicable law, including the Administrative Agent to accept Federal Electronic Signatures in Global and National Commerce Act, the Electronic Commerce Security Act, or any form or format without its prior written consent and pursuant to procedures approved by it; provided, further, without limiting other similar state laws based on the Uniform Electronic Transactions Act. Notwithstanding the foregoing, (i) if any Purchaser shall request manually signed counterpart signatures to any documents relating to the extent the Administrative Agent has agreed to accept any Electronic SignatureNote Purchase Agreement, the Administrative Agent and each of the Lenders shall be entitled Company hereby agrees to rely on use its reasonable endeavors to provide such Electronic Signature purportedly given by or on behalf of the Borrower or any other Loan Party without further verification thereof and without any obligation to review the appearance or form of any such Electronic manually signed signature and (ii) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by a manually executed counterpartpages as soon as reasonably practicable.

Counterparts; Electronic Signatures. (a) This Agreement may be executed by one or more of the parties to this Agreement on in any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement by facsimile transmission or portable document format shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. (b) The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Agreement, any other Loan Document and/or any ancillary document shall be deemed to include Electronic Signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page), each of which shall be effective only upon delivery and thereafter shall be deemed an original, and all of which shall be taken to be one and the same instrument, for the same effect as if all parties hereto had signed the same signature page. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect, validity effect of any signatures thereon and may be attached to another counterpart of this Agreement identical in form hereto but having attached to it one or enforceability as a manually more additional signature pages. An electronic facsimile (including .pdf of an executed signature, physical delivery thereof or the use counterpart of this Agreement) shall constitute 149 313271651.15 an original for all purposes. The electronic signature of a paper-based recordkeeping system, party to this Agreement shall be as the case may be; provided valid as an original signature of such party and shall be effective to bind such party to this Agreement. The parties agree that nothing herein any electronically signed document (including this Agreement) shall require the Administrative Agent to accept Electronic Signatures in any form or format without its prior written consent and pursuant to procedures approved by it; provided, further, without limiting the foregoing, be deemed (i) to the extent the Administrative Agent has agreed to accept any Electronic Signature, the Administrative Agent and each of the Lenders shall be entitled to rely on such Electronic Signature purportedly given by “written” or on behalf of the Borrower or any other Loan Party without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature and “in writing,” (ii) upon to have been signed, and (iii) to constitute a record established and maintained in the request ordinary course of business and an original written record when printed from electronic files. Such paper copies or “printouts,” if introduced as evidence in any proceeding, will be admissible as between the parties to the same extent and under the same conditions as other original business records created and maintained in documentary form. Neither Borrower nor Lxxxxx shall contest the admissibility of true and accurate copies of electronically signed documents on the basis of the Administrative Agent best evidence rule or any Lenderas not satisfying the business records exception to the hearsay rule. For purposes hereof, any Electronic Signature shall be promptly followed by “electronic signature” means a manually executed counterpartsigned original signature that is then transmitted via the internet as a “pdf” (portable document format) or other replicating image attached to an e-mail message, and “electronically signed document” means a document transmitted via e-mail containing an electronic signature.

Counterparts; Electronic Signatures. (a) This Agreement First Amendment may be executed by one or more of the parties to this Agreement First Amendment on any number of separate counterparts, and all of said such counterparts taken together shall be deemed to constitute one and the same instrumentagreement. Delivery of an executed counterpart of a signature page of this Agreement First Amendment by facsimile transmission or portable document format other electronic imaging means (e.g., via electronic mail in .pdf form) shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. (b) First Amendment. The words “execution,” “execute,” “signed,” “signature,” “delivery,” and words of like import in or relating related to this Agreement, First Amendment or any other Loan Document and/or any ancillary document to be signed in connection with this First Amendment and the transactions contemplated hereby shall be deemed to include Electronic Signatureselectronic signatures, deliveries the electronic matching of assignment terms and contract formations on electronic platforms approved by the Administrative Agent, or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page)form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act; provided that nothing that, notwithstanding anything contained herein shall require to the contrary, the Administrative Agent is under no obligation to agree to accept Electronic Signatures electronic signatures in any form or in any format without its prior written consent and unless expressly agreed to by the Administrative Agent pursuant to procedures approved by it; provided, further, without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept any Electronic Signature, the Administrative Agent and each of the Lenders shall be entitled to rely on such Electronic Signature purportedly given by or on behalf of the Borrower or any other Loan Party without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature and (ii) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by a manually executed counterpart.

Counterparts; Electronic Signatures. (a) This Agreement may be executed by one or more of the parties to this Agreement on any number of separate counterpartscounterparts (including by facsimile or other electronic transmission (i.e., a “pdf” or “tif”)), and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement by facsimile transmission or portable document format shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. . Delivery of an executed counterpart of a signature page of (bx) this Agreement, (y) any other Credit Document and/or (z) any document, amendment, approval, consent, information, notice (including, for the avoidance of doubt, any notice delivered pursuant to Section 13.2), certificate, request, statement, disclosure or authorization related to this Agreement, any other Credit Document and/or the transactions contemplated hereby and/or thereby (each an “Ancillary Document”) that is an Electronic Signature transmitted by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page shall be effective as delivery of a manually executed counterpart of this Agreement, such other Credit Document or such Ancillary Document, as applicable. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Agreement, any other Loan Credit Document and/or any ancillary document Ancillary Document shall be deemed to include Electronic Signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page), each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be; provided that nothing herein shall require the Administrative Agent to accept Electronic Signatures in any form or format without its prior written consent and pursuant to procedures approved by it; provided, further, without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept any Electronic Signature, the Administrative Agent and each of the Lenders shall be entitled to rely on such Electronic Signature purportedly given by or on behalf of the Borrower or any other Loan Credit Party without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature Signature and (ii) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by a manually executed counterpart. Without limiting the generality of the foregoing, the Borrower and each Credit Party hereby (A) agrees that, for all purposes, including without limitation, in connection with any workout, restructuring, enforcement of remedies, bankruptcy proceedings or litigation among the Administrative Agent, the Lenders, the Borrower and the Credit Parties, Electronic Signatures transmitted by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page and/or any electronic images of this Agreement, any other Credit Document and/or any Ancillary Document shall have the same legal effect, validity and enforceability as any paper original, (B) the Administrative Agent and each of the Lenders may, at its option, create one or more copies of this Agreement, any other Credit Document and/or any Ancillary Document in the form of an imaged electronic record in any format, which shall be deemed created in the ordinary course of such Person’s business, and destroy the original paper document (and all such electronic records shall be considered an original for all purposes and shall have the same legal effect, validity and enforceability as a paper record) and (C) waives any argument, defense or right to contest the legal effect, validity or enforceability of this Agreement, any other Credit Document and/or any Ancillary Document based solely on the lack of paper original copies of this Agreement, such other Credit Document and/or such Ancillary Document, respectively, including with respect to any signature pages thereto.

Counterparts; Electronic Signatures. (a) This Agreement may be executed by one or more of the parties to this Agreement on any number of separate in counterparts, and each of which shall constitute an original but all of said counterparts which when taken together shall be deemed to constitute one and the same instrumenta single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be as effective as delivery of a manually signed counterpart of this Agreement. (b) Delivery of an executed counterpart of a signature page of this Agreement by facsimile transmission fax, emailed pdf. or portable document format any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. (b) Agreement. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Agreement, any other Loan Document and/or any ancillary document Agreement and the transactions contemplated hereby or thereby shall be deemed to include Electronic SignaturesSignatures in a manner acceptable by all parties hereto, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page)form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require the Administrative that, Notes Collateral Agent is not under any obligation to agree to accept Electronic Signatures in any form or format without its prior written consent and unless expressly agreed to by the Notes Collateral Agent pursuant to reasonable procedures approved by it; provided, further, without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept any Electronic Signature, the Administrative Agent and each of the Lenders shall be entitled to rely on such Electronic Signature purportedly given by or on behalf of the Borrower or any other Loan Party without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature and (ii) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by a manually executed counterpartNotes Collateral Agent.

Counterparts; Electronic Signatures. (a) This Agreement may be executed by one or more of the parties to this Agreement on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement by facsimile transmission or portable document format shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. (bix) Delivery of an executed counterpart of a signature page of (x) this Agreement, (y) any other Loan Document and/or (z) any document, amendment, approval, consent, information, notice (including, for the avoidance of doubt, any notice delivered pursuant to ‎Section 10.2), certificate, request, statement, disclosure or authorization related to this Agreement, any other Loan Document and/or the transactions contemplated hereby and/or thereby (each an “Ancillary Document”) that is an Electronic Signature transmitted by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page shall be effective as delivery of a manually executed counterpart of this Agreement, such other Loan Document or such Ancillary Document, as applicable. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Agreement, any other Loan Document and/or any ancillary document Ancillary Document shall be deemed to include Electronic Signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page), each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be; provided that nothing herein shall require the Administrative Agent to accept Electronic Signatures in any form or format without its prior written consent and pursuant to procedures approved by it; provided, further, without limiting the foregoing, (i1) to the extent the Administrative Agent has agreed to accept any Electronic Signature, the Administrative Agent and each of the Lenders shall be entitled to rely on such Electronic Signature purportedly given by or on behalf of the Borrower or any other Loan Party without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature Signature and (ii2) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by a manually executed counterpart. Without limiting the generality of the foregoing, the Borrower and each Loan Party hereby (a) agrees that, for all purposes, including without limitation, in connection with any workout, restructuring, enforcement of remedies, bankruptcy proceedings or litigation among the Administrative Agent, the Lenders, and the Borrower and the Loan Parties, Electronic Signatures transmitted by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page and/or any electronic images of this Agreement, any other Loan Document and/or any Ancillary Document shall have the same legal effect, validity and enforceability as any paper original, (b) the Administrative Agent and each of the Lenders may, at its option, create one or more copies of this Agreement, any other Loan Document and/or any Ancillary Document in the form of an imaged electronic record in any format, which shall be deemed created in the ordinary course of such Person’s business, and destroy the original paper document (and all such electronic records shall be considered an original for all purposes and shall have the same legal effect, validity and enforceability as a paper record), (c) waives any argument, defense or right to contest the legal effect, validity or enforceability of this Agreement, any other Loan Document and/or any Ancillary Document based solely on the lack of paper original copies of this Agreement, such other Loan Document and/or such Ancillary Document, respectively, including with respect to any signature pages thereto and (d) waives any claim against any Lender-Related Person for any losses, claims (including intraparty claims), demands, damages or liabilities of any kind arising solely from the Administrative Agent’s and/or any Lender’s reliance on or use of Electronic Signatures and/or transmissions by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page, including any Liabilities arising as a result of the failure of the Borrower and/or any Loan Party to use any available security measures in connection with the execution, delivery or transmission of any Electronic Signature.

Counterparts; Electronic Signatures. (a) This Agreement may be executed by one or more in counterparts of the parties to this Agreement on any number of separate counterpartshereof, and all of said counterparts taken together each such counterpart shall be deemed to considered an original and all such counterparts shall constitute one and the same instrument. . (b) Delivery of an executed signature page of this Agreement by facsimile electronic transmission or portable document format shall be effective as delivery of a manually executed counterpart hereof. A set Except to the extent applicable law would prohibit the same, make the same unenforceable or affirmatively requires a manually executed counterpart signature, (i) the delivery of the copies an executed counterpart of a signature page of this Agreement signed by all emailed .pdf or any other electronic means approved by DOE in writing (which may be via email) that reproduces an image of the parties actual executed signature page shall be lodged as effective as the delivery of a manually executed counterpart of this Agreement, and (ii) if agreed by DOE in writing (which may be via email) with respect to this Agreement, the Borrower and delivery of an executed counterpart of a signature page of this Agreement by electronic means that types in the Administrative Agent. signatory to a document as a “conformed signature” from an email address approved by DOE in writing (bwhich may be via email) The shall be as effective as the delivery of a manually executed counterpart of this Agreement. In furtherance of the foregoing, the words “execution,” ”, “signed,” ”, “signature,” ”, “delivery,” and words of like import in or relating to any document to be signed in connection with this Agreement, any other Loan Document and/or any ancillary document Agreement and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page)form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be; , to the extent and as provided that nothing herein shall require for in any applicable law, including the Administrative Agent to accept Federal Electronic Signatures in any form or format without its prior written consent Global and pursuant to procedures approved by it; provided, further, without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept any Electronic SignatureNational Commerce Act, the Administrative Agent New York State Electronic Signatures and each of the Lenders shall be entitled to rely on such Electronic Signature purportedly given by or on behalf of the Borrower Records Act, or any other Loan Party without further verification thereof and without any obligation similar state laws based on the Uniform Electronic Transactions Act. As used herein, “Electronic Signature” has the meaning given to review the appearance or form of any such Electronic signature and (ii) upon the request of the Administrative Agent or any Lenderit by 15 USC §7006, any Electronic Signature shall as it may be promptly followed by a manually executed counterpartamended from time to time.

Counterparts; Electronic Signatures. (a) This Agreement Supplemental Indenture may be executed by one or more of the parties to this Agreement on in any number of separate counterparts, and all each of said counterparts taken together which shall be deemed to an original, but such counterparts shall together constitute but one and the same instrument. Delivery The exchange of an executed signature page of this Agreement by facsimile transmission or portable document format shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed Supplemental Indenture and of signature pages by all facsimile or electronic (including “.pdf” or “.tif”) transmissions shall constitute effective execution and delivery of this Supplemental Indenture as to the parties hereto and may be used in lieu of the original Supplemental Indenture for all purposes. Signatures of the parties hereto transmitted by facsimile or electronically (including “.pdf” or “.tif”) shall be lodged with the Borrower and the Administrative Agent. (b) deemed to be their original signatures for all purposes. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this AgreementSupplemental Indenture or any of the transactions contemplated hereby (including amendments, waivers, consents and other modifications) or any other Loan Document and/or any ancillary document to be signed in connection with this Supplemental Indenture shall be deemed to include Electronic Signatureselectronic signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page)form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be; , and the parties hereto consent to conduct the transactions contemplated hereunder by electronic means, to the fullest extent and as provided that nothing for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, and any other similar state laws based on the Uniform Electronic Transactions Act, provided that, notwithstanding anything herein shall require to the Administrative Agent contrary, the Trustee is not under any obligation to agree to accept Electronic Signatures electronic signatures in any form or in any format without its prior written consent and unless expressly agreed to by such Trustee pursuant to procedures approved by it; provided, further, without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept any Electronic Signature, the Administrative Agent and each of the Lenders shall be entitled to rely on such Electronic Signature purportedly given by or on behalf of the Borrower or any other Loan Party without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature and (ii) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by a manually executed counterpartTrustee.

Counterparts; Electronic Signatures. (a) This Agreement Second Amendment may be executed by one or more of the parties to this Agreement on in any number of separate counterparts, and all of said counterparts which taken together shall be deemed to constitute one and the same instrument, and any party hereto may execute this Second Amendment by signing any such counterpart. Signature pages to this Second Amendment may be delivered by facsimile transmission or by e-mail with a PDF copy or other replicating image attached, and any printed or copied version of any signature page so delivered will have the same force and effect as an originally signed signature page. This Second Amendment and each of the other Loan Documents constitute the entire agreement and understanding among the parties hereto and supersede any and all prior agreements and understandings, oral or written, relating to the subject matter hereof. The provisions of this Second Amendment are severable and if any one clause or provision hereof shall be held invalid or unenforceable in whole or in part in any jurisdiction, then such invalidity or unenforceability shall affect only such clause or provision, or part thereof, in such jurisdiction, and shall not in any manner affect such clause or provision in any other jurisdiction, or any other clause or provision of the Agreement in any jurisdiction. (b) Delivery of an executed counterpart of a signature page of (x) this Agreement Second Amendment, (y) any other Loan Document and/or (z) any document, amendment, approval, consent, information, notice (including, for the avoidance of doubt, any notice delivered pursuant to Section 9.2), certificate, request, statement, disclosure or authorization related to this Agreement, any other Loan Document and/or the transactions contemplated hereby and/or thereby (each an “Ancillary Document”) that is an Electronic Signature transmitted by facsimile transmission telecopy, emailed pdf. or portable document format any other electronic means that reproduces an image of an actual executed signature page shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. (b) Agreement, such other Loan Document or such Ancillary Document, as applicable. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Agreement, any other Loan Document and/or any ancillary document Ancillary Document shall be deemed to include Electronic Signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page), each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be; provided that nothing herein shall require the Administrative Agent to accept Electronic Signatures in any form or format without its prior written consent and pursuant to procedures approved by it; provided, further, without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept any Electronic Signature, the Administrative Agent and each of the Lenders shall be entitled to rely on such Electronic Signature purportedly given by or on behalf of the Borrower or any other Loan Party without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature and (ii) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by a manually executed counterpart.such

Counterparts; Electronic Signatures. (a) This Agreement may be executed by in one (1) or more duplicate counterparts and when executed by all of the parties shall constitute a single binding agreement. Each party hereto agrees to this Agreement on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. deliver a manually executed original promptly following electronic submission. (b) Delivery of an executed signature page of this Agreement by facsimile electronic transmission or portable document format shall be effective as delivery of a manually executed counterpart hereof. A set Except to the extent Applicable Law would prohibit the same, make the same unenforceable or affirmatively requires a manually executed counterpart signature: (i) the delivery of the copies an executed counterpart of a signature page of this Agreement signed by all fax, emailed .pdf or any other electronic means approved by DOE in writing (which may be via email) that reproduces an image of the parties actual executed signature page shall be lodged as effective as the delivery of a manually executed counterpart of this Agreement; and (ii) if agreed by DOE in writing (which may be via email) with respect to this Agreement, the Borrower and delivery of an executed counterpart of a signature page of this Agreement by electronic means that types in the Administrative Agent. signatory to a document as a “conformed signature” from an email address approved by DOE in writing (bwhich may be via email) The shall be as effective as the delivery of a manually executed counterpart of this Agreement. In furtherance of the foregoing, the words “execution,” ”, “signed,” ”, “signature,” ”, “delivery,” and words of like import in or relating to any document to be signed in connection with this Agreement, any other Loan Document and/or any ancillary document Agreement and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page)form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be; , to the extent and as provided that nothing herein shall require for in any Applicable Law, including the Administrative Agent to accept Federal Electronic Signatures in any form or format without its prior written consent Global and pursuant to procedures approved by it; provided, further, without limiting the foregoing, (i) to the extent the Administrative Agent has agreed to accept any Electronic SignatureNational Commerce Act, the Administrative Agent New York State Electronic Signatures and each of the Lenders shall be entitled to rely on such Electronic Signature purportedly given by or on behalf of the Borrower Records Act, or any other Loan Party without further verification thereof and without any obligation similar state laws based on the Uniform Electronic Transactions Act. As used herein, “Electronic Signature” has the meaning assigned to review the appearance or form of any such Electronic signature and (ii) upon the request of the Administrative Agent or any Lenderit by 15 USC §7006, any Electronic Signature shall as it may be promptly followed by a manually executed counterpartamended from time to time.

Counterparts; Electronic Signatures. (a) This Agreement may be executed in any number of counterparts, each of which shall be an original but all of which together shall constitute one instrument. Each counterpart may consist of a number of copies hereof, each signed by one or more less than all, but together signed by all, of the parties to this Agreement on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. hereto. (b) Delivery of an executed counterpart of a signature page of (x) this Agreement Agreement, (y) any other Note Document and/or (z) any document, amendment, approval, consent, information, notice (including, for the avoidance of doubt, any notice delivered pursuant to Section 18), certificate, request, statement, disclosure or authorization related to this Agreement, any other Note Document and/or the transactions contemplated hereby and/or thereby (each an “Ancillary Document”) that is an Electronic Signature transmitted by facsimile transmission telecopy, emailed pdf., or portable document format any other electronic means that reproduces an image of an actual executed signature page shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. (b) Agreement, such other Note Document or such Ancillary Document, as applicable. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Agreement, any other Loan Note Document and/or any ancillary document Ancillary Document shall be deemed to include Electronic Signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page), each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be; provided that nothing herein shall require the Administrative Agent Required Holders to accept Electronic Signatures in any form or format without its prior written consent and pursuant to procedures approved by it; provided, further, without limiting the foregoing, (i) to the extent the Administrative Agent has Required Holders have agreed to accept any Electronic Signature, the Administrative Agent and each of the Lenders Required Holders shall be entitled to rely on such Electronic Signature purportedly given by or on behalf of the Borrower Company, its Subsidiaries or any other Loan Party party hereto without further verification thereof and without any obligation to review the appearance or form of any such Electronic signature Signature and (ii) upon the request of the Administrative Agent or any LenderRequired Holders, any Electronic Signature shall be promptly followed by a manually executed counterpart. Without limiting the generality of the foregoing, the Company, its Subsidiaries and each other party hereto hereby (i) agrees that, for all purposes, including without limitation, in connection with any workout, restructuring, enforcement of remedies, bankruptcy proceedings or litigation among the Required Holders, the Purchasers, the Company, its Subsidiaries and the other parties hereto, Electronic Signatures transmitted by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page and/or any electronic images of this Agreement, any other Note Document and/or any Ancillary Document shall have the same legal effect, validity and enforceability as any paper original, (ii) the Required Holders may, at their option, create one or more copies of this Agreement, any other Note Document and/or any Ancillary Document in the form of an imaged electronic record in any format, which shall be deemed created in the ordinary course of such Person’s business, and destroy the original paper document (and all such electronic records shall be considered an original for all purposes and shall have the same legal effect, validity and enforceability as a paper record), (iii) waives any argument, defense or right to contest the legal effect, validity or enforceability of this Agreement, any other Note Document and/or any Ancillary Document based solely on the lack of paper original copies of this Agreement, such other Note Document and/or such Ancillary Document, respectively, including with respect to any signature pages thereto and (iv) waives any claim against any Indemnitee for any liabilities arising solely from the Required Holders’ and/or any Purchaser’s reliance on or use of Electronic Signatures and/or transmissions by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page, including any liabilities arising as a result of the failure of the Company and/or any of its Subsidiaries to use any available security measures in connection with the execution, delivery or transmission of any Electronic Signature.