Common use of HOLDER’S RIGHT OF OPTIONAL REDEMPTION Clause in Contracts

HOLDER’S RIGHT OF OPTIONAL REDEMPTION. At any time during the period commencing on July 22, 2019 through, and INCLUDING, JULY 29, 2019, THE HOLDER SHALL HAVE THE RIGHT, IN ITS SOLE DISCRETION, BY DELIVERY OF WRITTEN NOTICE TO THE COMPANY (EACH, A “HOLDER OPTIONAL REDEMPTION NOTICE” AND THE DATE THE HOLDER DELIVERS ANY SUCH NOTICE, EACH, A “HOLDER OPTIONAL REDEMPTION NOTICE DATE”) TO REQUIRE THAT THE COMPANY REDEEM ALL OR ANY PORTION OF THE CONVERSION AMOUNT THEN REMAINING UNDER THE NOTE (THE “HOLDER OPTIONAL REDEMPTION AMOUNT”) AT A REDEMPTION PRICE EQUAL TO 125% OF SUCH HOLDER OPTIONAL REDEMPTION AMOUNT (THE “HOLDER OPTIONAL REDEMPTION PRICE”), WHICH SHALL BE PAID BY THE COMPANY TO THE HOLDER NO LATER THAN THE SECOND (2ND) Business Day after the Holder Optional Redemption Notice Date (the “Holder Optional Redemption Date”). Notwithstanding anything to the contrary in this Section 9, but subject to Section 3(d), until the Holder Optional Redemption Price (together with any Late Charges thereon) is paid in full, the Holder Optional Redemption Amount (together with any Late Charges thereon) may be converted, in whole or in part, by the Holder into Common Stock pursuant to Section 3. In the event the Holder elects to convert all or any portion of the Holder Optional Redemption Amount prior to the applicable Holder Optional Redemption Date as set forth in the immediately preceding sentence, such portion of the Holder Optional Redemption Amount so converted shall be deducted from the Holder Optional Redemption Amount relating to the applicable Holder Optional Redemption Date(s) as set forth in the applicable Conversion Notice. Redemptions required by this Section 9 shall be made in accordance with the provisions of Section 12.

HOLDER’S RIGHT OF OPTIONAL REDEMPTION. At The Holder shall have the right, in its sole discretion to require that the Company redeem all or any portion of this Note (a “Holder Optional Redemption”) on the third anniversary of the Issuance Date by delivering written notice thereof (a “Holder Optional Redemption Notice”) to the Company at any time during prior to and including the period commencing on July 22, 2019 through, and INCLUDING, JULY 29, 2019, THE HOLDER SHALL HAVE THE RIGHT, IN ITS SOLE DISCRETION, BY DELIVERY OF WRITTEN NOTICE TO THE COMPANY date which is twenty (EACH, A “HOLDER OPTIONAL REDEMPTION NOTICE” AND THE DATE THE HOLDER DELIVERS ANY SUCH NOTICE, EACH, A “HOLDER OPTIONAL REDEMPTION NOTICE DATE”20) TO REQUIRE THAT THE COMPANY REDEEM ALL OR ANY PORTION OF THE CONVERSION AMOUNT THEN REMAINING UNDER THE NOTE (THE “HOLDER OPTIONAL REDEMPTION AMOUNT”) AT A REDEMPTION PRICE EQUAL TO 125% OF SUCH HOLDER OPTIONAL REDEMPTION AMOUNT (THE “HOLDER OPTIONAL REDEMPTION PRICE”), WHICH SHALL BE PAID BY THE COMPANY TO THE HOLDER NO LATER THAN THE SECOND (2ND) Business Day after days prior to the third anniversary of the Issuance Date. The Holder Optional Redemption Notice Date shall indicate the Conversion Amount the Holder is electing to have redeemed. The portion of this Note subject to redemption pursuant to this Section 9 shall be redeemed by the Company in cash at a price equal to the Conversion Amount being redeemed (the “Holder Optional Redemption DatePrice” and, collectively with the Event of Default Redemption Price, the Change of Control Redemption Price, the Mandatory Redemption Price and the Additional Mandatory Redemption Price, the “Redemption Prices” and, each a “Redemption Price”). Notwithstanding anything to the contrary in this Section 9, but subject to Section 3(d), until the Within one Business Day of receipt of a Holder Optional Redemption Price (together with any Late Charges thereon) is paid in fullNotice, the Company shall inform in writing all holders of Additional Notes that a Holder Optional Redemption Amount (together with any Late Charges thereon) may be converted, in whole or in part, Notice has been received by the Holder into Common Stock pursuant to Section 3. In the event the Holder elects to convert all or any portion of the Holder Optional Redemption Amount prior to the applicable Holder Optional Redemption Date as set forth in the immediately preceding sentence, such portion of the Holder Optional Redemption Amount so converted shall be deducted from the Holder Optional Redemption Amount relating to the applicable Holder Optional Redemption Date(s) as set forth in the applicable Conversion NoticeCompany. Redemptions required by this Section 9 shall be made in accordance with the provisions of Section 12. The Holder may deliver one Holder Optional Redemption Notice hereunder which shall be irrevocable.

HOLDER’S RIGHT OF OPTIONAL REDEMPTION. At (a) The Holder shall have the right, in its sole discretion to require that the Company redeem a portion of this Note (a "Holder Optional Redemption") by delivering written notice thereof (a "Holder Optional Redemption Notice" and, collectively with the Event of Default Redemption Notice, the Change of Control Redemption Notice and the Mandatory Redemption Notice, the "Redemption Notices" and each a "Redemption Notice") to the Company no later than the August 8th prior to any time during the period commencing on July 22, 2019 through, and INCLUDING, JULY 29, 2019, THE HOLDER SHALL HAVE THE RIGHT, IN ITS SOLE DISCRETION, BY DELIVERY OF WRITTEN NOTICE TO THE COMPANY (EACH, A “HOLDER OPTIONAL REDEMPTION NOTICE” AND THE DATE THE HOLDER DELIVERS ANY SUCH NOTICE, EACH, A “HOLDER OPTIONAL REDEMPTION NOTICE DATE”) TO REQUIRE THAT THE COMPANY REDEEM ALL OR ANY PORTION OF THE CONVERSION AMOUNT THEN REMAINING UNDER THE NOTE (THE “HOLDER OPTIONAL REDEMPTION AMOUNT”) AT A REDEMPTION PRICE EQUAL TO 125% OF SUCH HOLDER OPTIONAL REDEMPTION AMOUNT (THE “HOLDER OPTIONAL REDEMPTION PRICE”), WHICH SHALL BE PAID BY THE COMPANY TO THE HOLDER NO LATER THAN THE SECOND (2ND) Business Day after the Optional Redemption Date. The Holder Optional Redemption Notice shall indicate the Conversion Amount the Holder is electing to have redeemed on such Optional Redemption Date (the “"Holder Optional Redemption Date”Amount"). Notwithstanding anything to the contrary in this Section 9; provided, but subject to Section 3(d)however, until the Holder Optional Redemption Price (together with any Late Charges thereon) is paid in full, the that such Holder Optional Redemption Amount indicated shall not exceed the applicable Optional Redemption Amount. The portion of this Note subject to redemption pursuant to this Section 9(a) shall be redeemed by the Company in cash at a price equal to the Conversion Amount being redeemed (together the "Holder Optional Redemption Price" and, collectively with any Late Charges thereon) may be convertedthe Event of Default Redemption Price, the Change of Control Redemption Price and the Mandatory Redemption Price, the "Redemption Prices" and, each a "Redemption Price"); provided, however, that, only with respect to the First Optional Redemption Date and the Second Optional Redemption Date, in whole or in part, by the Holder into Common Stock pursuant to Section 3. In the event the Holder elects Company is prohibited by the terms of the Current Credit Facility and/or the Intercreditor Agreement to convert redeem in cash (and the Company has not otherwise received any necessary consent of the requisite parties thereunder to take such action) all or any portion of the Holder Optional Redemption Amount (such amount not able to be redeemed, the "Optional Redemption Shortfall Amount"), the Company may, at its option, and so long as the Equity Conditions shall have been satisfied (or waived in writing by the Holder) during the period from and including the Company Conversion Notice Due Date through and including the applicable Optional Redemption Date, satisfy its obligations under this Section 9 with respect to the redemption of all or any portion of such Optional Redemption Shortfall Amount by delivery of shares of Common Stock to the Holder (the "Company Conversion Option"). If the Company exercises the Company Conversion Option, it shall deliver to the Holder an irrevocable notice (the "Company Conversion Notice") no later than the August 15th prior to the applicable Holder Optional Redemption Date as (the "Company Conversion Notice Due Date") (A) stating that the Company is exercising such conversion option, (B) stating the portion of the Optional Redemption Shortfall Amount that is the subject of the Company Conversion Option (the "Company Conversion Amount") and (C) only with respect to the First Optional Redemption Date and the Second Optional Redemption Date, certifying that the applicable condition set forth in the immediately preceding sentence, such portion Section 4.3(d) of the Holder Optional Redemption Amount so converted shall be deducted from Intercreditor Agreement has not been met (the Holder Optional Redemption Amount "Intercreditor Condition"). In the event that the Intercreditor Condition has not been met, unless the Company has in good faith determined that such failure to meet the Intercreditor Condition does not constitute material, nonpublic information relating to the Company and its Subsidiaries, the Company shall, prior to or contemporaneously with the delivery of the relevant Company Conversion Notice, make publicly available (on a Current Report on Form 8-K or otherwise) the fact that such condition has not been met for the applicable Holder Optional Redemption Date(s) as set forth in Date. If the Company determines that no public disclosure is required pursuant to the foregoing sentence, the Holder shall be allowed to presume that such failure to meet the Intercreditor Condition does not constitute material, nonpublic information relating to the Company and its Subsidiaries. On the day immediately following the last day of the Company Conversion Measuring Period, the Company shall provide notice to the Holder of the applicable Company Conversion NoticePrice. Redemptions required by this Section 9 Any Company Conversion Amount shall be made in accordance with converted as of the provisions of Section 12applicable Optional Redemption Date by dividing such Company Conversion Amount by the Company Conversion Price.

HOLDER’S RIGHT OF OPTIONAL REDEMPTION. At any time during the period commencing on July 22, 2019 through, and INCLUDINGincluding, JULY July 29, 2019, THE HOLDER SHALL HAVE THE RIGHTthe Holder shall have the right, IN ITS SOLE DISCRETIONin its sole discretion, BY DELIVERY OF WRITTEN NOTICE TO THE COMPANY by delivery of written notice to the Company (EACHeach, A a “HOLDER OPTIONAL REDEMPTION NOTICEHolder Optional Redemption Notice” AND THE DATE THE HOLDER DELIVERS ANY SUCH NOTICEand the date the Holder delivers any such notice, EACHeach, A a “HOLDER OPTIONAL REDEMPTION NOTICE DATEHolder Optional Redemption Notice Date”) TO REQUIRE THAT THE COMPANY REDEEM ALL OR ANY PORTION OF THE CONVERSION AMOUNT THEN REMAINING UNDER THE NOTE to require that the Company redeem all or any portion of the Conversion Amount then remaining under the Note (THE the “HOLDER OPTIONAL REDEMPTION AMOUNTHolder Optional Redemption Amount”) AT A REDEMPTION PRICE EQUAL TO at a redemption price equal to 125% OF SUCH HOLDER OPTIONAL REDEMPTION AMOUNT of such Holder Optional Redemption Amount (THE the “HOLDER OPTIONAL REDEMPTION PRICEHolder Optional Redemption Price”), WHICH SHALL BE PAID BY THE COMPANY TO THE HOLDER NO LATER THAN THE SECOND which shall be paid by the Company to the Holder no later than the second (2ND2nd) Business Day after the Holder Optional Redemption Notice Date (the “Holder Optional Redemption Date”). Notwithstanding anything to the contrary in this Section 9, but subject to Section 3(d), until the Holder Optional Redemption Price (together with any Late Charges thereon) is paid in full, the Holder Optional Redemption Amount (together with any Late Charges thereon) may be converted, in whole or in part, by the Holder into Common Stock pursuant to Section 3. In the event the Holder elects to convert all or any portion of the Holder Optional Redemption Amount prior to the applicable Holder Optional Redemption Date as set forth in the immediately preceding sentence, such portion of the Holder Optional Redemption Amount so converted shall be deducted from the Holder Optional Redemption Amount relating to the applicable Holder Optional Redemption Date(s) as set forth in the applicable Conversion Notice. Redemptions required by this Section 9 shall be made in accordance with the provisions of Section 12.