Common use of Warrant Term Sheet Clause in Contracts

Warrant Term Sheet. Capitalized Terms used and not otherwise defined herein shall have the meanings set forth in the Restructuring Support Agreement. Topic Provision Series The Company will issue two series of warrants (the “Series A Warrants” and Series B Warrants” and, together, the “Warrants”). Term The Warrants will have five year terms. Value The Series A Warrants and Series B Warrants will each represent 2.25% of the outstanding shares of Common Stock as of the Closing Date. Exercise price The exercise price of the Series A Warrants will reflect a market capitalization of $112 million. The Exercise price of the Series B Warrants will reflect a market capitalization of $140 million. Exercisability Exercise of the Warrants shall be contingent upon the receipt by the Company of Alaska tax credit certificates in a face amount of at least $25 million. The Warrants will become exercisable only in the 30 days before they expire. Adjustments to Exercise Price The exercise prices of the Warrants shall be adjusted upon customary anti-dilution events, including: • an issuance of Common Stock as a dividend or distribution to all holders of Common Stock; • a change in the total number of shares of Common Stock by way of a subdivision, combination, split, reverse split, or reclassification; • an issuance as a dividend or distribution to all holders of Common Stock of evidences of indebtedness or securities of the Company or any other person; and • payment of any tender offer or exchange offer for Common Stock in which the consideration exceeds the fair value of the Common Stock as of the open of business on the second business day preceding the expiration date of the tender offer or exchange offer. Cashless Exercise The Warrant Agreement will contain a customary cashless exercise provision. Registration Rights Holders of Warrants will be entitled to the benefit of a customary resale registration rights agreement. Listing The Company will use commercially reasonable efforts to list the Warrants and the shares issuable upon exercise of the Warrants on the Nasdaq Global Market, or whatever exchange the Company’s Common Stock is then listed on. Exhibit H

Warrant Term Sheet. Capitalized Terms used and not otherwise defined herein shall have The following term sheet (this “Term Sheet”) presents certain material terms in respect of the meanings set forth in the Restructuring Support Agreement. Topic Provision Series The Company will issue two series of warrants (the “Series A Warrants” and Series B Warrants” and, together, the “Warrants”). Term The Warrants will have five year terms. Value The Series A Warrants and Series B Warrants (the “Warrants”) set forth in the Plan. Capitalized terms used but not immediately defined shall have the meanings ascribed to such terms in the Plan Support Agreement or the Plan Term Sheet or as otherwise defined herein, as applicable. Issuer The Equity Issuer Term The Warrants will each represent 2.25be exercisable until the date which is the fifth anniversary of the Effective Date (the “Expiration Time”). Each Warrant not exercised prior to the Expiration Time shall become void and all rights thereunder and all rights in respect thereof under the applicable Warrant Agreement shall cease as of such time. Series A Warrants The Series A Warrants shall entitle the holders thereof to purchase, in the aggregate, a number of shares of New Common Stock representing 8% of the outstanding shares of total New Common Stock of the Equity Issuer issued and outstanding as of the Closing Date. Exercise price The Effective Date (assuming the exercise price of all Series A Warrants, but not the Series B Warrants) (the “Series A Warrants will reflect a market capitalization of $112 millionPro Forma Ownership”). The Exercise price Series A Pro Forma Ownership shall be subject to dilution for (i) shares of New Common Stock issued pursuant to the exercise of the Series B Warrants; (ii) shares of New Common Stock issued pursuant to the CVR Agreement; and (iii) shares of New Common Stock issued pursuant to the Management Incentive Plan. Series B Warrants will reflect a market capitalization of $140 million. Exercisability Exercise of the The Series B Warrants shall be contingent upon entitle the receipt by the Company of Alaska tax credit certificates in a face amount of at least $25 million. The Warrants will become exercisable only holders thereof to purchase, in the 30 days before they expire. Adjustments to Exercise Price The exercise prices of the Warrants shall be adjusted upon customary anti-dilution eventsaggregate, including: • an issuance of Common Stock as a dividend or distribution to all holders of Common Stock; • a change in the total number of shares of New Common Stock representing 1.5% of the total New Common Stock of the Equity Issuer issued and outstanding as of the Effective Date (assuming the exercise of all Series A Warrants and all Series B Warrants) (the “Series B Pro Forma Ownership”). The Series B Pro Forma Ownership shall be subject to dilution for (i) shares of New Common Stock issued pursuant to the CVR Agreement; and (ii) shares of New Common Stock issued pursuant to the Management Incentive Plan. Initial Exercise Price Series A Warrants: Instrument Calculable Base per share Series B Warrants: 150% of Instrument Calculable Base per share Payment of Exercise Price The issuance of New Common Stock pursuant to the exercise of any Warrants shall be subject to payment in full by way the holder such Warrant of the applicable exercise price by delivery of a certified or official bank check or by wire transfer of immediately available funds in the amount of the aggregate exercise price for such New Common Stock. The Equity Issuer and the Required Consenting HoldCo Creditors will explore mechanisms that provide for “cashless” exercise of the warrants in Luxembourg. Anti-Dilution The Warrant Agreements shall provide customary proportional anti-dilution adjustments to the exercise price and/or the number of shares of New Common Stock for which the Warrants are exercisable with respect to (i) any subdivision, combination, splitstock split or other reclassification, reverse splitconversion or exchange of equity interests (whether by merger or otherwise), or reclassification; • an issuance as a and (ii) any dividend or distribution paid to all holders of Common Stock equity interests in shares of evidences of indebtedness equity interests, rights to acquire equity interests or securities convertible or exchangeable into equity interests, cash or other property. For the avoidance of doubt, the Warrants shall not be entitled to any economic anti-dilution provisions, other than as set forth above. Sale of the Company The Warrant Agreements shall include Black-Scholes protections and treatment in the event of certain change of control, merger, asset sale of all or substantially all of the assets of the Company or sale transactions on terms to be mutually agreed. Section 1145 The Warrants, and the New Common Stock issuable thereunder, will be exempt from registration under the Securities Act of 1933 pursuant to Section 1145 of the Bankruptcy Code. To the extent that such exemption under Section 1145 of the Bankruptcy Code is unavailable, the Warrants, and the New Common Stock issuable thereunder, will be issued pursuant to any other person; and • payment of available exemptions from registration, as applicable. Transferability The Warrants shall not be subject to any tender offer or exchange offer for Common Stock in which the consideration exceeds the fair value of the Common Stock transfer restrictions, except as of the open of business on the second business day preceding the expiration date of the tender offer or exchange offermay be required by law. Cashless Exercise The Warrant Agreement will contain a customary cashless exercise provision. Registration Rights Holders of Warrants will be entitled to the benefit of a customary resale registration rights agreement. Listing The Company will Equity Issuer shall use commercially reasonable efforts to list the Warrants on a recognized U.S. stock exchange. The Warrants shall be tradeable and transferrable independently of New Common Stock and the shares issuable CVRs. Any New Common Stock issued upon exercise of a Warrant shall not be subject to any transfer restrictions, except as may be required by law, and the Equity Issuer shall use commercially reasonable efforts to keep a registration statement effective providing for the issuance of the maximum number of shares of New Common Stock that could be issued with respect to the Warrants on prior to the Nasdaq Global Market, or whatever exchange the Company’s Expiration Time and to list such maximum number of shares of New Common Stock is then listed on. Exhibit Hon a recognized U.S. stock exchange.