Common use of Issuance and Delivery of Warrants Clause in Contracts

Issuance and Delivery of Warrants. (a) On the Closing Date, the Company shall issue to the Warrant Agent, on behalf of the Initial Beneficial Owners, the Warrants, in an amount equal to 1,669,730 Series A Warrants and 1,252,297 Series B Warrants (each such Number of Warrants to be subject to adjustment from time to time as described herein) in accordance with the terms of this Warrant Agreement. The Warrant Agent shall allocate the Warrants to, and register the Warrants in the names of, such Initial Beneficial Owners in accordance with the Company’s direct registration system or through the Warrant Agent’s other book-entry procedures pursuant to an allocation schedule approved by the Company. Any Warrants registered through the Warrant Agent’s book-entry procedures shall be issued in uncertificated form. Notwithstanding the forgoing, some or all of the Warrants may, at initial issuance or any time thereafter, be represented by one or more permanent global warrants, in definitive, fully registered form in substantially the form set forth in Exhibit A or Exhibit B, as applicable (each, a “Global Warrant”). A Global Warrant shall each evidence one or more Warrants. On the Closing Date, the Warrant Agent shall, upon receipt of any such Global Warrants and Authentication Orders, authenticate such Global Warrants in accordance with Section 2.02 and register such Global Warrant in the Warrant Register in the name of the Depository, which will then credit interests in such Global Warrants to the accounts of the applicable Participants for the benefit of the applicable Initial Beneficial Owners pursuant to the procedures of the Depository on the Closing Date. Any Global Warrants to be issued as of the Closing Date shall be deposited on the Closing Date with the Warrant Agent as custodian for the Depository. Subject to adjustment pursuant to this Warrant Agreement, each Warrant shall be exercisable, in the event of Full Physical Settlement, for one Common Share upon payment of the applicable Exercise Price and compliance with the procedures set forth in this Warrant Agreement. (b) All Warrants issued under this Warrant Agreement shall in all respects be equally and ratably entitled to the respective benefits hereof, without preference, priority, or distinction on account of the actual time of the issuance and authentication or any other terms thereof. Each Warrant shall be, and shall remain, subject to the provisions of this Warrant Agreement until such time as all of the Warrants evidenced thereby shall have been duly exercised or shall have expired or been canceled in accordance with the terms hereof. Each Beneficial Owner and Warrantholder shall be bound by all of the terms and provisions of this Warrant Agreement as fully and effectively as if such Beneficial Owner or Warrantholder had signed the same.

Issuance and Delivery of Warrants. (a) On the Closing Date, the Company shall initially issue and execute an aggregate of 8,286,061 Warrants and shall issue and execute Global Warrants (in accordance with Section 2.02) evidencing an initial aggregate Number of Warrants to the Warrant Agent, on behalf of the Initial Beneficial Owners, the Warrants, be held in an amount global form equal to 1,669,730 Series A Warrants and 1,252,297 Series B 8,286,061 Warrants (each such Number of Warrants to be subject to adjustment from time to time as described herein) in accordance with the terms of this Warrant AgreementAgreement and deliver such Warrants to the Warrant Agent, for authentication, along with duly executed Authentication Orders. The Warrant Agent shall allocate then Transfer the Global Warrants to, and register to the Warrants in Global Warrant Holder for crediting to the names of, such Initial accounts of the applicable Participants for the benefit of the applicable Beneficial Owners in accordance with the Company’s direct registration system or through the Warrant Agent’s other book-entry procedures Holders pursuant to an allocation schedule approved by the Company. Any Warrants registered through the Warrant Agent’s book-entry procedures shall be issued in uncertificated form. Notwithstanding the forgoing, some or all of the Warrants may, at initial issuance Depository on or any time thereafter, be represented by one or more permanent global warrants, in definitive, fully registered form in substantially after the form set forth in Exhibit A or Exhibit B, as applicable (each, a “Global Warrant”)Closing Date. A The Global Warrant shall each evidence one or more Warrants. Each Warrant (including those evidenced by Global Warrants) shall be exercisable (upon payment of the Exercise Price and compliance with the procedures set forth in this Warrant Agreement) for one Common Share. On the Closing Date, the Warrant Agent shall, upon receipt of any such Global Warrants and Authentication Orders, authenticate such Global Warrants in accordance with Section 2.02 and register such Global Warrant Warrants in the Warrant Register in Register. The Warrants evidenced by the name of the Depository, which will then credit interests in such Global Warrants to the accounts of the applicable Participants for the benefit of the applicable Initial Beneficial Owners pursuant to the procedures of the Depository on the Closing Date. Any Global Warrants to Warrant Certificates shall be issued dated as of the Closing Date and, subject to the terms hereof, shall evidence the only Warrants issued or outstanding under this Warrant Agreement. The Global Warrant Certificates shall be deposited on or after the Closing Date date hereof with the Warrant Agent as custodian for the Depository. Subject to adjustment pursuant to this Warrant Agreement, each Warrant shall be exercisable, in the event of Full Physical Settlement, for one Common Share upon payment of the applicable Exercise Price and compliance with the procedures set forth in this Warrant AgreementAgent. (b) All Warrants issued under this Warrant Agreement shall in all respects be equally and ratably entitled to the respective benefits hereof, without preference, priority, or distinction on account of the actual time of the issuance and authentication or any other terms thereof. Each Warrant shall be, and shall remain, subject to the provisions of this Warrant Agreement until such time as all of the Warrants evidenced thereby shall have been duly exercised or shall have expired or been canceled in accordance with the terms hereof. Each Beneficial Owner and Warrantholder The Global Warrant Holder shall be bound by all of the terms and provisions of this Warrant Agreement as fully and effectively as if such Beneficial Owner or Warrantholder the Global Warrant Holder had signed the same. (c) Any Warrant that is forfeited by a Beneficial Owner or repurchased by the Company shall be deemed to be no longer outstanding for all purposes of this Warrant Agreement.

Issuance and Delivery of Warrants. (a) On the Closing Date, the Company shall initially issue to the and execute one Global Warrant Agent, on behalf (in accordance with Section 2.02) evidencing an initial aggregate Number of the Initial Beneficial Owners, the Warrants, in an amount Warrants equal to 1,669,730 Series A Warrants and 1,252,297 Series B Warrants 1,917,342 (each such Number of Warrants to be subject to adjustment from time to time as described herein) in accordance with the terms of this Warrant AgreementAgreement and the Exchange Offer and deliver such Global Warrant to the Warrant Agent, for authentication, along with a duly executed Authentication Order. The Warrant Agent shall allocate then Transfer such Global Warrant to the Warrants to, and register Global Warrant Holder for crediting to the Warrants in accounts of the names of, such Initial Beneficial Owners in accordance with applicable Participants for the Company’s direct registration system or through benefit of the Warrant Agent’s other book-entry procedures Tendering Holders pursuant to an allocation schedule approved by the Company. Any Warrants registered through the Warrant Agent’s book-entry procedures shall be issued in uncertificated form. Notwithstanding the forgoing, some or all of the Warrants may, at initial issuance Depository on or any time thereafter, be represented by one or more permanent global warrants, in definitive, fully registered form in substantially after the form set forth in Exhibit A or Exhibit B, as applicable (each, a “Global Warrant”)Closing Date. A The Global Warrant shall each evidence one or more Warrants. Each Warrant evidenced thereby shall be exercisable (upon payment of the Exercise Price and compliance with the procedures set forth in this Warrant Agreement) for one Common Share. On the Closing Date, the Warrant Agent shall, upon receipt of any such Global Warrants Warrant and Authentication OrdersOrder, authenticate such Global Warrants Warrant in accordance with Section 2.02 and register such Global Warrant in the Warrant Register in the name of the Depository, which will then credit interests in such Register. The Global Warrants to the accounts of the applicable Participants for the benefit of the applicable Initial Beneficial Owners pursuant to the procedures of the Depository on the Closing Date. Any Global Warrants to Warrant shall be issued dated as of the Closing Date and, subject to the terms hereof, shall evidence the only Warrants issued or outstanding under this Warrant Agreement. The Global Warrant Certificate shall be deposited on or after the Closing Date date hereof with the Warrant Agent as custodian for the Depository. Subject to adjustment pursuant to this Warrant Agreement, each Warrant shall be exercisable, in the event of Full Physical Settlement, for one Common Share upon payment of the applicable Exercise Price and compliance with the procedures set forth in this Warrant AgreementAgent. (b) All Warrants issued under this Warrant Agreement shall in all respects be equally and ratably entitled to the respective benefits hereof, without preference, priority, or distinction on account of the actual time of the issuance and authentication or any other terms thereof. Each Warrant shall be, and shall remain, subject to the provisions of this Warrant Agreement until such time as all of the Warrants evidenced thereby shall have been duly exercised or shall have expired or been canceled in accordance with the terms hereof. Each Beneficial Owner and Warrantholder The Global Warrant Holder shall be bound by all of the terms and provisions of this Warrant Agreement as fully and effectively as if such Beneficial Owner or Warrantholder the Global Warrant Holder had signed the same. (c) Any Warrant that is forfeited by a Beneficial Owner, or repurchased by the Company shall be deemed to be no longer outstanding for all purposes of this Warrant Agreement.

Issuance and Delivery of Warrants. (a) On the Closing Date, the Company shall initially issue to the and execute one Global Warrant Agent, on behalf (in accordance with Section 2.02) evidencing an initial aggregate Number of the Initial Beneficial Owners, the Warrants, in an amount Warrants equal to 1,669,730 Series A Warrants and 1,252,297 Series B Warrants [1,050,000] (each such Number of Warrants to be subject to adjustment from time to time as described herein) in accordance with the terms of this Warrant AgreementAgreement and the Exchange Offer and deliver such Global Warrant to the Warrant Agent, for authentication, along with a duly executed Authentication Order. The Warrant Agent shall allocate then Transfer such Global Warrant to the Warrants to, and register Global Warrant Holder for crediting to the Warrants in accounts of the names of, such Initial Beneficial Owners in accordance with applicable Participants for the Company’s direct registration system or through benefit of the Warrant Agent’s other book-entry procedures Tendering Holders pursuant to an allocation schedule approved by the Company. Any Warrants registered through the Warrant Agent’s book-entry procedures shall be issued in uncertificated form. Notwithstanding the forgoing, some or all of the Warrants may, at initial issuance Depository on or any time thereafter, be represented by one or more permanent global warrants, in definitive, fully registered form in substantially after the form set forth in Exhibit A or Exhibit B, as applicable (each, a “Global Warrant”)Closing Date. A The Global Warrant shall each evidence one or more Warrants. Each Warrant evidenced thereby shall be exercisable (upon payment of the Exercise Price and compliance with the procedures set forth in this Warrant Agreement) for one Common Share. On the Closing Date, the Warrant Agent shall, upon receipt of any such Global Warrants Warrant and Authentication OrdersOrder, authenticate such Global Warrants Warrant in accordance with Section 2.02 and register such Global Warrant in the Warrant Register in the name of the Depository, which will then credit interests in such Register. The Global Warrants to the accounts of the applicable Participants for the benefit of the applicable Initial Beneficial Owners pursuant to the procedures of the Depository on the Closing Date. Any Global Warrants to Warrant shall be issued dated as of the Closing Date and, subject to the terms hereof, shall evidence the only Warrants issued or outstanding under this Warrant Agreement. The Global Warrant Certificate shall be deposited on or after the Closing Date date hereof with the Warrant Agent as custodian for the Depository. Subject to adjustment pursuant to this Warrant Agreement, each Warrant shall be exercisable, in the event of Full Physical Settlement, for one Common Share upon payment of the applicable Exercise Price and compliance with the procedures set forth in this Warrant AgreementAgent. (b) All Warrants issued under this Warrant Agreement shall in all respects be equally and ratably entitled to the respective benefits hereof, without preference, priority, or distinction on account of the actual time of the issuance and authentication or any other terms thereof. Each Warrant shall be, and shall remain, subject to the provisions of this Warrant Agreement until such time as all of the Warrants evidenced thereby shall have been duly exercised or shall have expired or been canceled in accordance with the terms hereof. Each Beneficial Owner and Warrantholder The Global Warrant Holder shall be bound by all of the terms and provisions of this Warrant Agreement as fully and effectively as if such Beneficial Owner or Warrantholder the Global Warrant Holder had signed the same. (c) Any Warrant that is forfeited by a Beneficial Owner, or repurchased by the Company shall be deemed to be no longer outstanding for all purposes of this Warrant Agreement.

Issuance and Delivery of Warrants. (a) On the Closing Date, the Company shall initially issue to the and execute one Global Warrant Agent, on behalf (in accordance with Section 2.02) evidencing an initial aggregate Number of the Initial Beneficial Owners, the Warrants, in an amount Warrants equal to 1,669,730 Series A Warrants and 1,252,297 Series B Warrants [ ] (each such Number of Warrants to be subject to adjustment from time to time as described herein) in accordance with the terms of this Warrant AgreementAgreement and the Plan and deliver such Global Warrant to the Warrant Agent, for authentication, along with a duly executed Authentication Order. The Warrant Agent shall allocate then Transfer such Global Warrant to the Warrants to, and register Global Warrant Holder for crediting to the Warrants in accounts of the names of, such applicable Participants for the benefit of the Initial Beneficial Owners pursuant to the procedures of the Depository and in accordance with the Company’s direct registration system Plan on or through after the Warrant Agent’s other book-entry procedures pursuant to an allocation schedule approved by the CompanyClosing Date. Any Warrants registered through the Warrant Agent’s book-entry procedures shall be issued in uncertificated form. Notwithstanding the forgoing, some or all of the Warrants may, at initial issuance or any time thereafter, be represented by one or more permanent global warrants, in definitive, fully registered form in substantially the form set forth in Exhibit A or Exhibit B, as applicable (each, a “Global Warrant”). A The Global Warrant shall each evidence one or more Warrants. Each Warrant evidenced thereby shall be exercisable (upon payment of the Exercise Price and compliance with the procedures set forth in this Warrant Agreement) for one Common Share. On the Closing Date, the Warrant Agent shall, upon receipt of any such Global Warrants Warrant and Authentication OrdersOrder, authenticate such Global Warrants Warrant in accordance with Section 2.02 and register such Global Warrant in the Warrant Register in the name of the Depository, which will then credit interests in such Register. The Global Warrants to the accounts of the applicable Participants for the benefit of the applicable Initial Beneficial Owners pursuant to the procedures of the Depository on the Closing Date. Any Global Warrants to Warrant shall be issued dated as of the Closing Date and, subject to the terms hereof, shall evidence the only Warrants issued or outstanding under this Warrant Agreement. The Global Warrant Certificate shall be deposited on or after the Closing Date date hereof with the Warrant Agent as custodian for the Depository. Subject to adjustment pursuant to this Warrant Agreement, each Warrant shall be exercisable, in the event of Full Physical Settlement, for one Common Share upon payment of the applicable Exercise Price and compliance with the procedures set forth in this Warrant AgreementAgent. (b) All Warrants issued under this Warrant Agreement shall in all respects be equally and ratably entitled to the respective benefits hereof, without preference, priority, or distinction on account of the actual time of the issuance and authentication or any other terms thereof. Each Warrant shall be, and shall remain, subject to the provisions of this Warrant Agreement until such time as all of the Warrants evidenced thereby shall have been duly exercised or shall have expired or been canceled in accordance with the terms hereof. Each Beneficial Owner and Warrantholder The Global Warrant Holder shall be bound by all of the terms and provisions of this Warrant Agreement as fully and effectively as if such Beneficial Owner or Warrantholder the Global Warrant Holder had signed the same. (c) Any Warrant that is forfeited by a Beneficial Owner, cancelled as a result of being unclaimed in accordance with Section VIII.B.6. of the Plan, or repurchased by the Company shall be deemed to be no longer outstanding for all purposes of this Warrant Agreement.

Issuance and Delivery of Warrants. (a) On the Closing Date, the Company shall initially issue Warrants evidencing an initial aggregate Number of Warrants equal to 3,882,353 in the Warrant Agent, on behalf case of the Initial Beneficial Owners, the Series A Warrants, 2,875,817 in an amount equal to 1,669,730 Series A Warrants and 1,252,297 the case of the Series B Warrants and 3,195,352 in the case of the Series C Warrants (in each case, such Number of Warrants to be subject to adjustment from time to time as described herein) in accordance with the terms of this Warrant AgreementAgreement and the Plan. On such date, the Company will deliver Global Warrants to the Warrant Agent evidencing a portion of the Number of Warrants, for authentication by the Warrant Agent, along with duly executed Authentication Orders. The Warrant Agent shall allocate the Warrants to, and register the Warrants in the names of, such Initial Beneficial Owners in accordance with the Company’s direct registration system or through the Warrant Agent’s other book-entry procedures pursuant to an allocation schedule approved by the Company. Any Warrants registered through the Warrant Agent’s book-entry procedures shall be issued in uncertificated form. Notwithstanding the forgoing, some or all of the Warrants may, at initial issuance or any time thereafter, be represented by one or more permanent global warrants, in definitive, fully registered form in substantially the form set forth in Exhibit A or Exhibit B, as applicable (each, a “Global Warrant”). A Global Warrant shall each evidence one or more Warrants. On the Closing Date, the Warrant Agent shall, upon receipt of any then Transfer such Global Warrants and Authentication Orders, authenticate such Global Warrants in accordance with Section 2.02 and register such to the Global Warrant in the Warrant Register in the name of the Depository, which will then credit interests in such Global Warrants Holder for crediting to the accounts of the applicable Participants for the benefit of the applicable Initial Beneficial Owners Holders pursuant to the procedures of the Depository and in accordance with the Plan on or after the Closing Date. Any The Series A Global Warrants, Series B Global Warrants to be issued as of the Closing Date and Series C Global Warrants shall be deposited on the Closing Date with each evidence one or more Warrants. Upon receipt by the Warrant Agent as custodian for of the Depository. Subject to adjustment Authentication Order pursuant to this Section 2.03 hereof, the remainder of the Warrants shall be issued by book-entry registration on the books of the Warrant Agreement, each Agent (“Book-Entry Warrants”) and shall be evidenced by warrant certificates issued by the Warrant Agent to the Registered Holders (as defined below) of Book-Entry Warrants reflecting such book-entry position (the “Warrant Certificates”). Each Warrant shall be exercisable, in the event of Full Physical Settlement, for one Common Share exercisable (upon payment of the applicable their respective Exercise Price Prices and compliance with the procedures set forth in this Warrant Agreement) for one Common Share. (b) All Warrants issued under this Warrant Agreement shall in all respects be equally and ratably entitled to the respective benefits hereof, without preference, priority, or distinction on account of the actual time of the issuance and authentication or any other terms thereof. Each Warrant shall be, and shall remain, subject to the provisions of this Warrant Agreement until such time as all of the Warrants evidenced thereby shall have been duly exercised or shall have expired or been canceled in accordance with the terms hereof. Each Beneficial Owner and Warrantholder Registered Holder shall be bound by all of the terms and provisions of this Warrant Agreement as fully and effectively as if such Beneficial Owner or Warrantholder each Registered Holder had signed the same. (c) Any Warrant that is forfeited by a Holder, cancelled as a result of being unclaimed in accordance with Section [6.8] of the Plan, or repurchased by the Company shall be deemed to be no longer outstanding for all purposes of this Warrant Agreement.

Issuance and Delivery of Warrants. (a) On the Closing Date, the Company shall initially issue to the Warrant Agent, on behalf upon original issuance an aggregate of the Initial Beneficial Owners, the Warrants, in an amount equal to 1,669,730 Series A Warrants and 1,252,297 Series B 94,813,594 Warrants (each such Number of Warrants to be subject to adjustment from time to time as described herein) in accordance with the terms of this Warrant Agreement. The Agreement by delivering to the Warrant Agent shall allocate the a Company Order specifying such aggregate Number of Warrants to, so to be issued and register the Warrants in the names of, such Initial Beneficial Owners in accordance of the respective original Persons entitled thereto. Each Warrant shall be exercisable (upon payment of the Exercise Price and compliance with the Company’s direct registration system or through the Warrant Agent’s other book-entry procedures pursuant to an allocation schedule approved by the Company. Any Warrants registered through the Warrant Agent’s book-entry procedures shall be issued in uncertificated form. Notwithstanding the forgoing, some or all of the Warrants may, at initial issuance or any time thereafter, be represented by one or more permanent global warrants, in definitive, fully registered form in substantially the form set forth in Exhibit A or Exhibit B, as applicable (each, a “Global Warrant”). A Global this Warrant shall each evidence Agreement) for one or more WarrantsCommon Share. On the Closing Date, the Warrant Agent shall, upon receipt of any such Global Company Order, register the issuance of such Warrants and Authentication Orders, authenticate such Global Warrants in accordance with Section 2.02 and register such Global Warrant by electronic entry registration in the Warrant Register in the name of the DepositoryRegister. Upon such issuance, which will then credit interests in such Global Warrants to the accounts of the applicable Participants for the benefit of the applicable Initial Beneficial Owners pursuant to the procedures of the Depository on the Closing Date. Any Global Warrants to be issued as of the Closing Date shall be deposited on the Closing Date with the Warrant Agent shall promptly deliver to the Warrant Holders a statement confirming the Number of Warrants held by such Warrant Holder as custodian for so registered on the Depository. Subject to adjustment pursuant to this Warrant AgreementRegister, each Warrant shall be exercisable, substantially in the event form of Full Physical Settlement, for one Common Share upon payment of Exhibit A herein (the applicable Exercise Price and compliance with the procedures set forth in this “Warrant AgreementStatements”). (b) All Warrants issued under this Warrant Agreement shall in all respects be equally and ratably entitled to the respective benefits hereof, without preference, priority, or distinction on account of the actual time of the issuance and authentication or any other terms thereof. Each Warrant shall be, and shall remain, subject to the provisions of this Warrant Agreement until such time as all of the Warrants evidenced thereby such Warrant shall have been duly exercised or shall have expired or been canceled in accordance with the terms hereof. Each Beneficial Owner and Warrantholder The Warrant Holder shall be bound by all of the terms and provisions of this Warrant Agreement as fully and effectively as if such Beneficial Owner or Warrantholder the Warrant Holder had signed the same. (c) Any Warrant that is forfeited by a Warrant Holder or repurchased by the Company shall be deemed to be no longer outstanding for all purposes of this Warrant Agreement.

Issuance and Delivery of Warrants. (a) On the Closing Date, the Company shall initially issue and execute the Global Warrants (in accordance with Section 2.02) evidencing an initial aggregate Number of Warrants equal to 2,142,857 in the Warrant Agent, on behalf case of the Initial Beneficial Owners, the Warrants, in an amount equal to 1,669,730 Series A 2019 Warrants and 1,252,297 Series B 2,142,857 in the case of the 2020 Warrants (each such Number of Warrants to be subject to adjustment from time to time as described herein) in accordance with the terms of this Warrant AgreementAgreement and the Plan and deliver such Global Warrants to the Warrant Agent, for authentication, along with duly executed Authentication Orders. The Warrant Agent shall allocate the Warrants to, and register the Warrants in the names of, such Initial Beneficial Owners in accordance with the Company’s direct registration system or through the Warrant Agent’s other book-entry procedures pursuant to an allocation schedule approved by the Company. Any Warrants registered through the Warrant Agent’s book-entry procedures shall be issued in uncertificated form. Notwithstanding the forgoing, some or all of the Warrants may, at initial issuance or any time thereafter, be represented by one or more permanent global warrants, in definitive, fully registered form in substantially the form set forth in Exhibit A or Exhibit B, as applicable (each, a “Global Warrant”). A Global Warrant shall each evidence one or more Warrants. On the Closing Date, the Warrant Agent shall, upon receipt of any then Transfer such Global Warrants and Authentication Orders, authenticate such Global Warrants in accordance with Section 2.02 and register such to the Global Warrant in the Warrant Register in the name of the Depository, which will then credit interests in such Global Warrants Holder for crediting to the accounts of the applicable Participants for the benefit of the applicable Initial Beneficial Owners pursuant to the procedures of the Depository and in accordance with the Plan on or after the Closing Date. Any The 2019 Global Warrants to be issued as of and the Closing Date 2020 Global Warrants shall each evidence one or more Warrants. Each Warrant evidenced thereby shall be deposited on the Closing Date with the Warrant Agent as custodian for the Depository. Subject to adjustment pursuant to this Warrant Agreement, each Warrant shall be exercisable, in the event of Full Physical Settlement, for one Common Share exercisable (upon payment of the applicable their respective Exercise Price Prices and compliance with the procedures set forth in this Warrant Agreement) for one Common Share. On the Closing Date, the Warrant Agent shall, upon receipt of such Global Warrants and Authentication Orders, authenticate such Global Warrants in accordance with Section 2.02 and register such Global Warrants in the Warrant Register. The Global Warrants shall be dated as of the Closing Date and, subject to the terms hereof, shall evidence the only Warrants issued or outstanding under this Warrant Agreement. The Global Warrant Certificates shall be deposited on or after the date hereof with the Warrant Agent. (b) All Warrants issued under this Warrant Agreement shall in all respects be equally and ratably entitled to the respective benefits hereof, without preference, priority, or distinction on account of the actual time of the issuance and authentication or any other terms thereof. Each Warrant shall be, and shall remain, subject to the provisions of this Warrant Agreement until such - 9 - time as all of the Warrants evidenced thereby shall have been duly exercised or shall have expired or been canceled in accordance with the terms hereof. Each Beneficial Owner and Warrantholder The Global Warrant Holder shall be bound by all of the terms and provisions of this Warrant Agreement as fully and effectively as if such Beneficial Owner or Warrantholder the Global Warrant Holder had signed the same. (c) Any Warrant that is forfeited by a Beneficial Owner, cancelled as a result of being unclaimed in accordance with Section D of Article VI of the Plan, or repurchased by the Company shall be deemed to be no longer outstanding for all purposes of this Warrant Agreement.

Issuance and Delivery of Warrants. (a) On the Closing Date, the Company shall initially issue and execute Global Warrants (in accordance with Section 2.02) evidencing an initial aggregate Number of Warrants equal to [●] in the Warrant Agent, on behalf case of the Initial Beneficial Owners, the Series A Warrants, [●] in an amount equal to 1,669,730 Series A Warrants and 1,252,297 the case of the Series B Warrants and [●] in the case of the Series C Warrants (in each case, such Number of Warrants to be subject to adjustment from time to time as described herein) in accordance with the terms of this Warrant AgreementAgreement and the Plan and deliver such Global Warrants to the Warrant Agent, for authentication, along with duly executed Authentication Orders. The Warrant Agent shall allocate the Warrants to, and register the Warrants in the names of, such Initial Beneficial Owners in accordance with the Company’s direct registration system or through the Warrant Agent’s other book-entry procedures pursuant to an allocation schedule approved by the Company. Any Warrants registered through the Warrant Agent’s book-entry procedures shall be issued in uncertificated form. Notwithstanding the forgoing, some or all of the Warrants may, at initial issuance or any time thereafter, be represented by one or more permanent global warrants, in definitive, fully registered form in substantially the form set forth in Exhibit A or Exhibit B, as applicable (each, a “Global Warrant”). A Global Warrant shall each evidence one or more Warrants. On the Closing Date, the Warrant Agent shall, upon receipt of any then Transfer such Global Warrants and Authentication Orders, authenticate such Global Warrants in accordance with Section 2.02 and register such to the Global Warrant in the Warrant Register in the name of the Depository, which will then credit interests in such Global Warrants Holder for crediting to the accounts of the applicable Participants for the benefit of the applicable Initial Beneficial Owners pursuant to the procedures of the Depository and in accordance with the Plan on or after the Closing Date. Any The Series A Global Warrants, Series B Global Warrants to be issued as of the Closing Date and Series C Global Warrants shall each evidence one or more Warrants. Each Warrant evidenced thereby shall be deposited on the Closing Date with the Warrant Agent as custodian for the Depository. Subject to adjustment pursuant to this Warrant Agreement, each Warrant shall be exercisable, in the event of Full Physical Settlement, for one Common Share exercisable (upon payment of the applicable their respective Exercise Price Prices and compliance with the procedures set forth in this Warrant Agreement) for one Common Share. On the Closing Date, the Warrant Agent shall, upon receipt of such Global Warrants and Authentication Orders, authenticate such Global Warrants in accordance with Section 2.02 and register such Global Warrants in the Warrant Register. The Global Warrants shall be dated as of the Closing Date and, subject to the terms hereof, shall evidence the only Warrants issued or outstanding under this Warrant Agreement. The Global Warrant Certificates shall be deposited on or after the date hereof with the Warrant Agent. (b) All Warrants issued under this Warrant Agreement shall in all respects be equally and ratably entitled to the respective benefits hereof, without preference, priority, or distinction on account of the actual time of the issuance and authentication or any other terms thereof. Each Warrant shall be, and shall remain, subject to the provisions of this Warrant Agreement until such time as all of the Warrants evidenced thereby shall have been duly exercised or shall have expired or been canceled in accordance with the terms hereof. Each Beneficial Owner and Warrantholder The Global Warrant Holder shall be bound by all of the terms and provisions of this Warrant Agreement as fully and effectively as if such Beneficial Owner or Warrantholder the Global Warrant Holder had signed the same. (c) Any Warrant that is forfeited by a Beneficial Owner, cancelled as a result of being unclaimed in accordance with Section [6.8] of the Plan, or repurchased by the Company shall be deemed to be no longer outstanding for all purposes of this Warrant Agreement.

Issuance and Delivery of Warrants. (a) On the Closing Date, the Company shall initially issue and execute the Global Warrants (in accordance with Section 2.02) evidencing an initial aggregate Number of Warrants equal to 2,142,857 in the Warrant Agent, on behalf case of the Initial Beneficial Owners, the Warrants, in an amount equal to 1,669,730 Series A 2019 Warrants and 1,252,297 Series B 2,142,857 in the case of the 2020 Warrants (each such Number of Warrants to be subject to adjustment from time to time as described herein) in accordance with the terms of this Warrant AgreementAgreement and the Plan and deliver such Global Warrants to the Warrant Agent, for authentication, along with duly executed Authentication Orders. The Warrant Agent shall allocate the Warrants to, and register the Warrants in the names of, such Initial Beneficial Owners in accordance with the Company’s direct registration system or through the Warrant Agent’s other book-entry procedures pursuant to an allocation schedule approved by the Company. Any Warrants registered through the Warrant Agent’s book-entry procedures shall be issued in uncertificated form. Notwithstanding the forgoing, some or all of the Warrants may, at initial issuance or any time thereafter, be represented by one or more permanent global warrants, in definitive, fully registered form in substantially the form set forth in Exhibit A or Exhibit B, as applicable (each, a “Global Warrant”). A Global Warrant shall each evidence one or more Warrants. On the Closing Date, the Warrant Agent shall, upon receipt of any then Transfer such Global Warrants and Authentication Orders, authenticate such Global Warrants in accordance with Section 2.02 and register such to the Global Warrant in the Warrant Register in the name of the Depository, which will then credit interests in such Global Warrants Holder for crediting to the accounts of the applicable Participants for the benefit of the applicable Initial Beneficial Owners pursuant to the procedures of the Depository and in accordance with the Plan on or after the Closing Date. Any The 2019 Global Warrants to be issued as of and the Closing Date 2020 Global Warrants shall each evidence one or more Warrants. Each Warrant evidenced thereby shall be deposited on the Closing Date with the Warrant Agent as custodian for the Depository. Subject to adjustment pursuant to this Warrant Agreement, each Warrant shall be exercisable, in the event of Full Physical Settlement, for one Common Share exercisable (upon payment of the applicable their respective Exercise Price Prices and compliance with the procedures set forth in this Warrant Agreement) for one Common Share. On the Closing Date, the Warrant Agent shall, upon receipt of such Global Warrants and Authentication Orders, authenticate such Global Warrants in accordance with Section 2.02 and register such Global Warrants in the Warrant Register. The Global Warrants shall be dated as of the Closing Date and, subject to the terms hereof, shall evidence the only Warrants issued or outstanding under this Warrant Agreement. The Global Warrant Certificates shall be deposited on or after the date hereof with the Warrant Agent. (b) All Warrants issued under this Warrant Agreement shall in all respects be equally and ratably entitled to the respective benefits hereof, without preference, priority, or distinction on account of the actual time of the issuance and authentication or any other terms thereof. Each Warrant shall be, and shall remain, subject to the provisions of this Warrant Agreement until such time as all of the Warrants evidenced thereby shall have been duly exercised or shall have expired or been canceled in accordance with the terms hereof. Each Beneficial Owner and Warrantholder The Global Warrant Holder shall be bound by all of the terms and provisions of this Warrant Agreement as fully and effectively as if such Beneficial Owner or Warrantholder the Global Warrant Holder had signed the same. (c) Any Warrant that is forfeited by a Beneficial Owner, cancelled as a result of being unclaimed in accordance with Section D of Article VI of the Plan, or repurchased by the Company shall be deemed to be no longer outstanding for all purposes of this Warrant Agreement.

Issuance and Delivery of Warrants. (a) On the Closing Date, the Company shall initially issue to the Warrant Agent, on behalf and execute an aggregate of the Initial Beneficial Owners, the 308,217 Warrants, in an amount equal to 1,669,730 comprising 154,108 Series A Warrants and 1,252,297 154,108 Series B Warrants, and shall issue and execute Global Warrants (in accordance with Section 2.02) evidencing an initial aggregate Number of Warrants to be held in global form equal to 93,054 in the case of the Series A Warrants and 93,054 in the case of the Series B Warrants (each such Number of Warrants to be subject to adjustment from time to time as described herein) in accordance with the terms of this Warrant AgreementAgreement and deliver such Warrants to the Warrant Agent, for authentication, along with duly executed Authentication Orders. The Warrant Agent shall allocate then Transfer the applicable Warrants to, to Certificated Holders and register the Global Warrants in to the names of, such Initial Beneficial Owners in accordance with the Company’s direct registration system or through the Warrant Agent’s other book-entry procedures pursuant to an allocation schedule approved by the Company. Any Warrants registered through the Warrant Agent’s book-entry procedures shall be issued in uncertificated form. Notwithstanding the forgoing, some or all of the Warrants may, at initial issuance or any time thereafter, be represented by one or more permanent global warrants, in definitive, fully registered form in substantially the form set forth in Exhibit A or Exhibit B, as applicable (each, a “Global Warrant”). A Global Warrant shall each evidence one or more Warrants. On the Closing Date, the Warrant Agent shall, upon receipt of any such Global Warrants and Authentication Orders, authenticate such Global Warrants in accordance with Section 2.02 and register such Global Warrant in the Warrant Register in the name of the Depository, which will then credit interests in such Global Warrants Holder for crediting to the accounts of the applicable Participants for the benefit of the applicable Initial Beneficial Owners Holders pursuant to the procedures of the Depository on or after the Closing Date. Any The Series A Global Warrants to be issued as of Warrant and the Closing Date Series B Global Warrant shall each evidence one or more Warrants. Each Warrant (including those evidenced by Global Warrants) shall be deposited on the Closing Date with the Warrant Agent as custodian for the Depository. Subject to adjustment pursuant to this Warrant Agreement, each Warrant shall be exercisable, in the event of Full Physical Settlement, for one Common Share exercisable (upon payment of the applicable their respective Exercise Price Prices and compliance with the procedures set forth in this Warrant Agreement) for one Common Share. On the Closing Date, the Warrant Agent shall, upon receipt of such Warrants and Authentication Orders, authenticate such Warrants in accordance with Section 2.02 and register such Warrants in the Warrant Register. The Warrants shall be dated as of the Closing Date and, subject to the terms hereof, shall evidence the only Warrants issued or outstanding under this Warrant Agreement. The Global Warrant Certificates shall be deposited on or after the date hereof with the Warrant Agent. (b) All Warrants issued under this Warrant Agreement shall in all respects be equally and ratably entitled to the respective benefits hereof, without preference, priority, or distinction on account of the actual time of the issuance and authentication or any other terms thereof. Each Warrant shall be, and shall remain, subject to the provisions of this Warrant Agreement until such time as all of the Warrants evidenced thereby shall have been duly exercised or shall have expired or been canceled in accordance with the terms hereof. Each Beneficial Owner and Warrantholder The Global Warrant Holder shall be bound by all of the terms and provisions of this Warrant Agreement as fully and effectively as if such Beneficial Owner or Warrantholder the Global Warrant Holder had signed the same. (c) Any Warrant that is forfeited by a Beneficial Owner or repurchased by the Company shall be deemed to be no longer outstanding for all purposes of this Warrant Agreement.

Issuance and Delivery of Warrants. (a) On the Closing Date, the Company shall issue and execute the Global Warrant Certificates (in accordance with Section 2.02) evidencing an initial number of Plan Warrants equal to 899,700 in the Warrant Agent, on behalf aggregate in the case of the Initial Beneficial Owners, the Warrants, in an amount equal to 1,669,730 Series A 4-Year Warrants and 1,252,297 Series B 899,700 in the aggregate in the case of the 5-Year Warrants (each such Number of Warrants to be subject to adjustment from time to time as described herein) in accordance with the terms of this Warrant AgreementAgreement and deliver such Global Warrant Certificates to the Warrant Agent for authentication, along with duly executed Authentication Orders. The Warrant Agent shall allocate the Warrants to, and then register the Warrants in the names of, such Initial Beneficial Owners in accordance with the Company’s direct registration system or through the Warrant Agent’s other book-entry procedures pursuant to an allocation schedule approved by the Company. Any Warrants registered through the Warrant Agent’s book-entry procedures shall be issued in uncertificated form. Notwithstanding the forgoing, some or all of the Warrants may, at initial issuance or any time thereafter, be represented by one or more permanent global warrants, in definitive, fully registered form in substantially the form set forth in Exhibit A or Exhibit B, as applicable (each, a “Global Warrant”). A Global Warrant shall each evidence one or more Warrants. On the Closing Date, the Warrant Agent shall, upon receipt of any such Global Warrants and Authentication Orders, authenticate such Global Warrants in accordance with Section 2.02 and register such Global Warrant in the Warrant Register in the name of the DepositoryGlobal Warrantholder, which will then credit interests in such Global Warrants to the accounts of the applicable Participants for the benefit of the applicable Initial Beneficial Owners pursuant to the procedures of the Depository and in accordance with the Plan on the Closing Date. Any Global . (b) On the Closing Date, the Company shall issue and execute the Individual Warrant Certificates (in accordance with Section 2.02) evidencing an initial number of Cash-Out Warrants equal to 19,390 in the aggregate in the case of the 4-Year Warrants and 19,390 in the aggregate in the case of the 5-Year Warrants (each such Number of Warrants to be issued subject to adjustment from time to time as described herein) in accordance with the terms of this Warrant Agreement and the Closing Date shall be deposited on the Closing Date with Plan and deliver such Individual Warrant Certificates to the Warrant Agent as custodian for authentication, along with duly executed Authentication Orders. The Warrant Agent shall then deliver such Individual Warrant Certificates to the Depositoryrespective Initial Cash-Out Warrantholders. (c) The Warrant Certificates shall each evidence one or more Warrants. Subject to adjustment pursuant to this Each Warrant Agreement, each Warrant evidenced thereby shall be exercisable, in the event of Full Physical Settlement, for one Common Share upon payment of the applicable Exercise Price and compliance with the procedures set forth in this Warrant Agreement. On the Closing Date, the Warrant Agent shall, upon receipt of such Global Warrants, Individual Warrants and Authentication Orders, authenticate such Global Warrants and Individual Warrants in accordance with Section 2.02 and register such Global Warrants and Individual Warrants in the Warrant Register. The Global Warrants and Individual Warrants shall be dated as of the Closing Date and, subject to the terms hereof, shall evidence the only Warrants issued or outstanding under this Warrant Agreement as of the Closing Date. The Global Warrant Certificates shall be deposited on the Closing Date with the Warrant Agent as custodian for the Depository. (bd) All 4-Year Warrants and all 5-Year Warrants issued under this Warrant Agreement shall in all respects be equally and ratably entitled to the their respective benefits hereof, without preference, priority, or distinction on account of the actual time of the issuance and authentication or any other terms thereof. Each Warrant shall be, and shall remain, subject to the provisions of this Warrant Agreement until such time as all of the Warrants evidenced thereby shall have been duly exercised or shall have expired or been canceled in accordance with the terms hereof. Each Beneficial Owner and Warrantholder shall be bound by all of the terms and provisions of this Warrant Agreement as fully and effectively as if such Beneficial Owner or Warrantholder had signed the same. (e) Any Warrant that is included in an Unclaimed Distribution referred to in paragraph (3)(d) of Section E of Article VI of the Plan shall be deemed cancelled and no longer outstanding for all purposes of this Warrant Agreement.

Issuance and Delivery of Warrants. (a) On the Closing Date, the Company shall initially issue to the Warrant Agent, on behalf and execute an aggregate of the Initial Beneficial Owners, the Warrants, in an amount equal to 1,669,730 Series A Warrants and 1,252,297 Series B 14,098,370 Warrants (each such Number of Warrants to be subject to adjustment from time to time as described herein) in accordance with the terms of this Warrant Agreement. The Warrant Agent shall allocate the Agreement and deliver such Warrants to, and register the Warrants in the names of, such Initial Beneficial Owners in accordance with the Company’s direct registration system or through to the Warrant Agent’s other book-entry procedures pursuant to an allocation schedule approved by the Company, for authentication, along with duly executed Authentication Orders. Any Warrants registered through the Each Warrant Agent’s book-entry procedures shall be issued in uncertificated form. Notwithstanding the forgoing, some or all exercisable (upon payment of the Warrants may, at initial issuance or any time thereafter, be represented by one or more permanent global warrants, in definitive, fully registered form in substantially Exercise Price and compliance with the form procedures set forth in Exhibit A or Exhibit B, as applicable (each, a “Global Warrant”). A Global this Warrant shall each evidence Agreement) for one or more WarrantsCommon Share. On the Closing Date, the Warrant Agent shall, upon receipt of any such Global Warrants and Authentication Orders, authenticate such Global Warrants in accordance with Section 2.02 and register such Global Warrant Warrants in the Warrant Register in Register. The Warrants evidenced by the name of the Depository, which will then credit interests in such Global Warrants to the accounts of the applicable Participants for the benefit of the applicable Initial Beneficial Owners pursuant to the procedures of the Depository on the Closing Date. Any Global Warrants to Warrant Certificates shall be issued dated as of the Closing Date and, subject to the terms hereof, shall evidence the only Warrants issued or outstanding under this Warrant Agreement. The Warrant Certificates shall be deposited on or after the Closing Date date hereof with the Warrant Agent as custodian for the Depository. Subject to adjustment pursuant to this Warrant Agreement, each Warrant shall be exercisable, in the event of Full Physical Settlement, for one Common Share upon payment of the applicable Exercise Price and compliance with the procedures set forth in this Warrant AgreementAgent. (b) All Warrants issued under this Warrant Agreement shall in all respects be equally and ratably entitled to the respective benefits hereof, without preference, priority, or distinction on account of the actual time of the issuance and authentication or any other terms thereof. Each Warrant shall be, and shall remain, subject to the provisions of this Warrant Agreement until such time as all of the Warrants evidenced thereby shall have been duly exercised or shall have expired or been canceled in accordance with the terms hereof. Each Beneficial Owner and Warrantholder The Warrant Holder shall be bound by all of the terms and provisions of this Warrant Agreement as fully and effectively as if such Beneficial Owner or Warrantholder the Warrant Holder had signed the same. (c) Any Warrant that is forfeited by a Warrant Holder or repurchased by the Company shall be deemed to be no longer outstanding for all purposes of this Warrant Agreement.

Issuance and Delivery of Warrants. (a) On the Closing Date, the Company shall initially issue to the and execute one Global Warrant Agent, on behalf (in accordance with Section 2.02) evidencing an initial aggregate Number of the Initial Beneficial Owners, the Warrants, in an amount Warrants equal to 1,669,730 Series A Warrants and 1,252,297 Series B Warrants [1,925,500] (each such Number of Warrants to be subject to adjustment from time to time as described herein) in accordance with the terms of this Warrant AgreementAgreement and the Exchange Offer and deliver such Global Warrant to the Warrant Agent, for authentication, along with a duly executed Authentication Order. The Warrant Agent shall allocate then Transfer such Global Warrant to the Warrants to, and register Global Warrant Holder for crediting to the Warrants in accounts of the names of, such Initial Beneficial Owners in accordance with applicable Participants for the Company’s direct registration system or through benefit of the Warrant Agent’s other book-entry procedures Tendering Holders pursuant to an allocation schedule approved by the Company. Any Warrants registered through the Warrant Agent’s book-entry procedures shall be issued in uncertificated form. Notwithstanding the forgoing, some or all of the Warrants may, at initial issuance Depository on or any time thereafter, be represented by one or more permanent global warrants, in definitive, fully registered form in substantially after the form set forth in Exhibit A or Exhibit B, as applicable (each, a “Global Warrant”)Closing Date. A The Global Warrant shall each evidence one or more Warrants. Each Warrant evidenced thereby shall be exercisable (upon payment of the Exercise Price and compliance with the procedures set forth in this Warrant Agreement) for one Common Share. On the Closing Date, the Warrant Agent shall, upon receipt of any such Global Warrants Warrant and Authentication OrdersOrder, authenticate such Global Warrants Warrant in accordance with Section 2.02 and register such Global Warrant in the Warrant Register in the name of the Depository, which will then credit interests in such Register. The Global Warrants to the accounts of the applicable Participants for the benefit of the applicable Initial Beneficial Owners pursuant to the procedures of the Depository on the Closing Date. Any Global Warrants to Warrant shall be issued dated as of the Closing Date and, subject to the terms hereof, shall evidence the only Warrants issued or outstanding under this Warrant Agreement. The Global Warrant Certificate shall be deposited on or after the Closing Date date hereof with the Warrant Agent as custodian for the Depository. Subject to adjustment pursuant to this Warrant Agreement, each Warrant shall be exercisable, in the event of Full Physical Settlement, for one Common Share upon payment of the applicable Exercise Price and compliance with the procedures set forth in this Warrant AgreementAgent. (b) All Warrants issued under this Warrant Agreement shall in all respects be equally and ratably entitled to the respective benefits hereof, without preference, priority, or distinction on account of the actual time of the issuance and authentication or any other terms thereof. Each Warrant shall be, and shall remain, subject to the provisions of this Warrant Agreement until such time as all of the Warrants evidenced thereby shall have been duly exercised or shall have expired or been canceled in accordance with the terms hereof. Each Beneficial Owner and Warrantholder The Global Warrant Holder shall be bound by all of the terms and provisions of this Warrant Agreement as fully and effectively as if such Beneficial Owner or Warrantholder the Global Warrant Holder had signed the same. (c) Any Warrant that is forfeited by a Beneficial Owner, or repurchased by the Company shall be deemed to be no longer outstanding for all purposes of this Warrant Agreement.