Common use of Creditor Default Clause in Contracts

Creditor Default. An act or omission by a Holder of a Claim or an Interest in contravention of the provisions of this Prepackaged Plan shall be deemed an event of default under this Prepackaged Plan. Upon an event of default, the Reorganized Debtors or Post-Effective Date Debtors may seek to hold the defaulting party in contempt of the Confirmation Order and shall be entitled to reasonable attorneys’ fees and costs of the Reorganized Debtors or Post-Effective Date Debtors in remedying such default. Upon the finding of such a default by a creditor, the Bankruptcy Court may: (a) designate a party to appear, sign and/or accept the documents required under the Prepackaged Plan on behalf of the defaulting party, in accordance with Bankruptcy Rule 7070; (b) enforce the Prepackaged Plan by order of specific performance; (c) award judgment against such defaulting creditor in favor of the Reorganized Debtor or Post-Effective Date Debtor in an amount, including interest, to compensate the Reorganized Debtors or Post-Effective Date Debtors for the damages caused by such default; and (d) make such other order as may be equitable that does not materially alter the terms of the Prepackaged Plan. Dated: October 20, 2023 DEBTORS MID-AMERICAN IMAGING, INC. NEHE-MRI, LLC /s/ Riadh Zine Riadh Zine Authorized Signatory The undersigned (“Joinder Party”) hereby acknowledges that it has read and understands the Restructuring Support Agreement, dated as of October 20, 2023 (as amended, supplemented, amended and restated, or otherwise modified from time to time, the “Agreement”),1 by and among Akumin, Inc. and its affiliates and subsidiaries bound thereto and the Consenting Stakeholders thereunder.

Creditor Default. An act or omission by a Holder of a Claim or an Interest (other than the Consenting Creditors or DIP Lenders) in contravention of the provisions of this Prepackaged Plan shall be deemed an event of default under this Prepackaged Plan. Upon an event of default, the Reorganized Debtors or Post-Effective Date Debtors may seek to hold the defaulting party in contempt of the Confirmation Order and shall be entitled to reasonable attorneys’ fees and costs of the Reorganized Debtors or Post-Effective Date Debtors in remedying such default. Upon the finding of such a default by a creditor, the Bankruptcy Court may: (a) designate a party to appear, sign and/or accept the documents required under the Prepackaged Plan on behalf of the defaulting party, in accordance with Bankruptcy Rule 7070; (b) enforce the Prepackaged Plan by order of specific performance; (c) award judgment against such defaulting creditor in favor of the Reorganized Debtor or Post-Effective Date Debtor in an amount, including interest, to compensate the Reorganized Debtors or Post-Effective Date Debtors for the damages caused by such default; and (d) make such other order as may be equitable that does not materially alter the terms of the Prepackaged Plan. Dated: October 20April 2, 2023 DEBTORS MID-AMERICAN IMAGING2024 VIEW, INC. NEHE-MRIVIEW OPERATING CORPORATION IOTIUM, LLC INC. /s/ Riadh Zine Riadh Zine Xxx Xxxxxxx Xx. Xxx Xxxxxxx, Director Authorized Signatory The undersigned (“Joinder Party”) hereby acknowledges that it has read and understands the Restructuring Support Agreement, dated as of October 20April 2, 2023 2024 (as amended, supplemented, amended and restated, or otherwise modified from time to time, the “Agreement”),1 by and among AkuminView, Inc. and its affiliates and subsidiaries bound thereto and the Consenting Stakeholders Creditors thereunder.

Creditor Default. An act or omission by a Holder holder of a Claim or an Interest in contravention of the provisions of this Prepackaged Plan shall be deemed an event of default under this Prepackaged Plan. Upon an event of default, the Reorganized Debtors or Post-Effective Date Debtors may seek to hold the defaulting party in contempt of the Confirmation Order and shall be entitled to reasonable attorneys’ fees and costs of the Reorganized Debtors or Post-Effective Date Debtors in remedying such default. Upon the finding of such a default by a creditor, the Bankruptcy Court may: (a) designate a party to appear, sign and/or accept the documents required under the Prepackaged Plan on behalf of the defaulting party, in accordance with Bankruptcy Rule 7070; (b) enforce the Prepackaged Plan by order of specific performance; (c) award judgment against such defaulting creditor in favor of the Reorganized Debtor or Post-Effective Date Debtor in an amount, including interest, to compensate the Reorganized Debtors or Post-Effective Date Debtors for the damages caused by such default; and (d) make such other order as may be equitable that does not materially alter the terms of the Prepackaged Plan. Dated: October 20May 14, 2023 DEBTORS MID-AMERICAN IMAGING, INC2020 ULTRA PETROLEUM CORP. NEHE-MRI, LLC on behalf of itself and all other Debtors /s/ Riadh Zine Riadh Zine Authorized Signatory Xxxxx X. Xxxxxxxxxx Xxxxx X. Xxxxxxxxxx SVP and Chief Financial Officer The undersigned (“Joinder PartyTransferee”) hereby acknowledges that it has read and understands the Restructuring Support Agreement, dated as of October 20, 2023 __________ (as amended, supplemented, amended and restated, or otherwise modified from time to time, the “Agreement”),1 by and among Akumin, Inc. Ultra Petroleum Corp. and its affiliates and subsidiaries bound thereto and the Consenting Stakeholders thereunderCreditor Parties, including the transferor to the Transferee of any Company Claims/Interests (each such transferor, a “Transferor”), and agrees to be bound by the terms and conditions thereof to the extent the Transferor was thereby bound, and shall be deemed a “Consenting [Term Lender] [RBL Lender] [Noteholder]” and a “Consenting Creditor Party” under the terms of the Agreement. The Transferee specifically agrees to be bound by the terms and conditions of the Agreement and makes all representations and warranties contained therein as of the date of the Transfer, including the agreement to be bound by the vote of the Transferor if such vote was cast before the effectiveness of the Transfer discussed herein. Date Executed: Name: Title: Address: E-mail address(es): RBL Loans Term Loans Second Lien Notes Unsecured Notes Other Company Party Claims Equity Interests 1 Capitalized terms used but not otherwise defined herein shall having the meanings ascribed to such terms in the Agreement. XXXXXXX XXXXXXX BANK 00 XXXX X-00 XXXXXXX XXXX XXXXX XXXXXX, XX 00000 XXXXXXX ONE, NATIONAL ASSOCIATION 0000 XXXXXXXXX XXXXXX, XXXXX 0000 XXXXXXX, XX 00000 FIFTH THIRD BANK, NATIONAL ASSOCIATION 000 X. XXXXXXXXX XXXXX XXXXXXX, XX 00000 CIT BANK, N.A. 00 XXXX 00XX XXXXXX XXX XXXX, XX 00000 Ultra Resources, Inc. 000 Xxxxxxxxx Xxxxx Xxxx, Xxxxx 000 Xxxxxxxxx, XX 00000 Attention: Xxxxx Xxxxxxxxxx, SVP and Chief Financial Officer Ladies and Gentlemen: Bank of Montreal (“BMO Bank”), BMO Capital Markets (“BMOCM” and, together with BMO Bank, “BMO”), Barclays Bank PLC (“Barclays”), Xxxxxxx Xxxxx Bank USA (“Goldman”), Capital One, National Association (“CONA”), Xxxxxxx Xxxxxxx Bank (“Whitney”), Fifth Third Bank, National Association (“Fifth Third”) and CIT Bank, N.A. (“CIT, and together with BMO, Barclays, Goldman, CONA, Whitney and Fifth Third, the “Commitment Parties”, “we” or “us”) understand that Ultra Resources, Inc., a Delaware corporation (“you” or the “Borrower”), Ultra Petroleum Corp. and UP Energy Corporation (collectively, the “Parent Entities”) and certain of the Borrower’s subsidiaries (together with the Borrower and the Parent Entities, the “Debtors”) are considering filing voluntary petitions to commence cases (the “Chapter 11 Cases”) under title 11 of the United States Code (the “Bankruptcy Code”) in the United States Bankruptcy Court for the Southern District of Texas (the “Bankruptcy Court”) in order to implement a restructuring of the Debtors pursuant to the prearranged or prepackaged plan of reorganization substantially in the form attached hereto as Exhibit A (the “Approved Plan”). Reference is made in this letter to (a) that certain Credit Agreement, dated as of April 12, 2017 (as amended, amended and restated, supplemented or otherwise modified prior to the date hereof, the “Existing Credit Agreement”), among the Borrower, the Parent Entities, as parent guarantors, BMO Bank, as administrative agent and the lenders from time to time party thereto (the “Existing RBL Lenders”) and (b) the Restructuring Support Agreement, dated as of May 14, 2020 (as amended, amended and restated, supplemented or otherwise modified in accordance with its terms, the “RSA”), among the Debtors, the Existing RBL Lenders and the other Consenting Creditor Parties referenced therein. In connection therewith, the Borrower has requested that (a) we structure, arrange and syndicate a senior secured reserve-based exit revolving credit facility in an aggregate principal amount of $60.0 million (the “Exit Facility”), with an initial borrowing base of $100.0 million (the “Initial Borrowing Base”) and otherwise on the terms and conditions set forth on Exhibit B attached hereto (the “Exit Facility Term Sheet”), (b) the Commitment Parties commit to provide the Exit Facility as set forth herein and (c) BMO Bank serve as sole administrative agent for the Exit Facility. This letter, Exhibit A attached hereto, the Exit Facility Term Sheet and Exhibit C attached hereto, are hereinafter referred to as the “Commitment Letter”. Capitalized terms used in this letter but not defined herein shall have the meanings given to them in the Exhibits attached hereto. The transactions contemplated by this Commitment Letter shall be hereinafter referred to as the “Transactions”.

Creditor Default. An act or omission by a Holder of a Claim or an Interest in contravention of the provisions of this Prepackaged Plan shall be deemed an event of default under this Prepackaged Plan. Upon an event of default, the Reorganized Debtors or Post-Effective Date Debtors may seek to hold the defaulting party in contempt of the Confirmation Combined Order and shall may be entitled to reasonable attorneys’ fees and costs of the Reorganized Debtors or Post-Effective Date Debtors in remedying such default. Upon the finding of such a default by a creditorHolder of a Claim or Interest, the Bankruptcy Court may: (ai) designate a party to appear, sign sign, and/or accept the documents required under the Prepackaged Plan on behalf of the defaulting party, in accordance with Bankruptcy Rule 7070; (bii) enforce the Prepackaged this Plan by order of specific performance; (ciii) award judgment against such defaulting creditor Holder of a Claim or Interest in favor of the Reorganized Debtor or Post-Effective Date Debtor Debtors in an amount, including interest, to compensate the Reorganized Debtors or Post-Effective Date Debtors for the damages caused by such default; and (div) make such other order as may be equitable that does not materially alter the terms of the Prepackaged Plan. Dated: October 20March [22], 2023 DEBTORS MID-AMERICAN IMAGING, INC2024 CURO GROUP HOLDINGS CORP. NEHE-MRI, LLC /s/ Riadh Zine Riadh Zine Authorized Signatory on behalf of itself and all other Debtors By: /s/___________________________________ Name: Xxxxxxx Xxxxx Title: Chief Executive Officer The undersigned terms set forth in this Summary of Principal Terms and Conditions (the “Joinder PartyDIP Term Sheet”) hereby acknowledges that it has read are being provided on a confidential basis as part of a comprehensive proposal, each element of which is consideration for the other elements and understands an integral aspect of the proposed DIP Facility (as defined below). Capitalized terms used but not defined herein have the meanings ascribed to such terms in the Restructuring Support AgreementAgreement (the “RSA”) to which this DIP Term Sheet is attached as Exhibit C, dated as of October 20, 2023 the Interim DIP Order (as amended, supplemented, amended and restated, defined in Schedule A attached to this DIP Term Sheet) attached as Exhibit A to this DIP Term Sheet or otherwise modified from time the Plan (as defined in the RSA) attached to time, the “Agreement”),1 by and among Akumin, Inc. and its affiliates and subsidiaries bound thereto and the Consenting Stakeholders thereunder.RSA as Exhibit B.