Common use of Warrant Terms Clause in Contracts

Warrant Terms. Percentage of Total Equity There will be two classes of warrants as described below: the “FG Warrants” and “Lender Warrants” each permitting purchase of non-voting equity in an amount equal to up to two and one-half percent (2.5%) of total issued shares of “Propco Holdco,” the parent company that holds non-voting shares of New Propco, on a fully diluted basis for a total of 5% (or such lesser percentage as is calculated per the following paragraph).The FG Warrants and the Lender Warrants will have different strike prices as described below. The Warrants shall provide that, to the extent the Xxxxxxxx Affiliates and Mortgage Lenders purchase additional equity of Propco Holdco in connection with the Plan or if other outside investors purchase additional equity directly issued by Propco Holdco within the first six months after confirmation, then the percentage of outstanding equity that can be purchased upon exercise of such warrants shall be automatically ratably reduced to take into account the dilutive effect of the increase in total capitalization of Propco Holdco resulting from such equity sales.(4) Warrant Terms The warrants shall reflect the terms of this Annex 3 and shall otherwise be on customary terms and conditions for warrants of this nature. The warrants should contain customary anti-dilution adjustments for stock splits and combinations, stock dividends and similar reclassifications but shall not contain any ratchet or other adjustment for issuances of equity below any specified values. All warrants (and any shares received upon exercise thereof) shall be non-transferable except for transfers to parties-in-interest on Plan consummation as contemplated under the Term Sheet, distributions by such recipients to their investors or equity holders, transfers to affiliates, other Warrant holders or other equity holders, transfers to other persons mutually acceptable to both FG and the Propco Plan Recipients, and other exceptions to be specified in definitive documentation. Issuance of Warrants All the warrants shall be initially issued to the Propco Plan Participants as part of the Senior Plan Recovery. Sale of Warrants The Propco Plan Recipients will, concurrently with FG’s

Warrant Terms. Percentage of Total Equity There will be two classes of warrants as described below: the “FG Warrants” and “Lender Warrants” each permitting purchase of non-voting equity in an amount equal to up to two and one-half percent (2.5%) of total issued shares of “Propco Holdco,” the parent company that holds non-voting shares of New Propco, on a fully diluted basis for a total of 5% (or such lesser percentage as is calculated per the following paragraph).The paragraph). The FG Warrants and the Lender Warrants will have different strike prices as described below. The Warrants shall provide that, to the extent the Xxxxxxxx Affiliates and Mortgage Lenders purchase additional equity of Propco Holdco in connection with the Plan or if other outside investors purchase additional equity directly issued by Propco Holdco within the first six months after confirmation, then the percentage of outstanding equity that can be purchased upon exercise of such warrants shall be automatically ratably reduced to take into account the dilutive effect of the increase in total capitalization of Propco Holdco resulting from such equity sales.(4) Warrant Terms The warrants shall reflect the terms of this Annex 3 and shall otherwise be on customary terms and conditions for warrants of this nature. The warrants should contain customary anti-dilution adjustments for stock splits and combinations, stock dividends and similar reclassifications but shall not contain any ratchet or other adjustment for issuances of equity below any specified values. All warrants (and any shares received upon exercise thereof) shall be non-transferable except for transfers to parties-in-interest on Plan consummation as contemplated under the Term Sheet, distributions by such recipients to their investors or equity holders, transfers to affiliates, other Warrant holders or other equity holders, transfers to other persons mutually acceptable to both FG and the Propco Plan Recipients, and other exceptions to be specified in definitive documentation. Issuance of Warrants All the warrants shall be initially issued to the Propco Plan Participants as part of the Senior Plan Recovery. Sale of Warrants The Propco Plan Recipients will, concurrently with FG’s

Warrant Terms. Percentage of Total Equity There will be two classes of warrants as described below: the “FG Warrants” and “Lender Warrants” each permitting purchase of non-voting equity in an amount equal to up to two and one-half percent (2.5%) of total issued shares of “Propco Holdco,” the parent company that holds non-voting shares of New Propco, on a fully diluted basis for a total of 5% (or such lesser percentage as is calculated per set forth in the following paragraph).The FG Warrants paragraph) of the total outstanding shares of Propco Holdco on a fully diluted basis as of the Effective Date for a total of 5% of the outstanding equity, in all cases on the Effective Date and the Lender Warrants will have different strike prices as described belowprior to giving effect to any New Propco related acquisition of Opco assets or equity. The Warrants shall provide that, to the extent the Xxxxxxxx Affiliates and Mortgage Lenders purchase additional equity of Propco Holdco in connection with the Plan or if other outside investors purchase additional equity directly issued by Propco Holdco within the first six months after confirmation, then the percentage of outstanding equity that can be purchased upon exercise of such warrants shall be automatically ratably reduced to take into account the dilutive effect of the increase in total capitalization of Propco Holdco resulting from such equity sales.(4) Warrant Terms The warrants shall reflect the terms of this Annex 3 Attachment 2 and shall otherwise be on customary terms and conditions for warrants of this nature. The warrants should shall contain customary anti-dilution adjustments for stock splits and combinations, stock dividends and similar reclassifications but shall not contain any ratchet or other adjustment for issuances of equity below any specified values. All warrants (and any shares received upon exercise thereof) shall be non-transferable except for transfers to parties-in-interest on Plan consummation as contemplated under the Term SheetMOU (including to the Colony Designees), distributions by such recipients to their investors or equity holders, transfers to affiliates, other Warrant holders or other equity holders, transfers to other persons mutually acceptable to both FG and the Propco Plan RecipientsRecipients (as defined in the Propco Plan Term Sheet), and other exceptions (e.g., affiliate transfers) to be specified in definitive documentation. Issuance of Warrants All the warrants shall be initially issued to the Propco Plan Participants as part of the Senior Plan Recovery. Sale of Warrants The Propco Plan Recipients will, concurrently with FG’s.

Warrant Terms. Percentage of Total Equity There will be two classes This Warrant Certificate certifies that , or registered assigns, is the registered holder of warrants as described below: (the “FG Warrants”) to purchase common stock, par value $0.001 per share (the “Common Stock”) of YX Genomics, Inc. (the “Company”). Each Warrant entitles the holder, upon exercise during the Exercise Period, as set forth in the Warrant Agreement referred to on the reverse hereof, to receive from the Company that number of fully paid and nonassessable Shares of Common Stock as set forth below, at the exercise price (the “Exercise Price”), as determined pursuant to the Warrant Agreement, payable in lawful money (or through “cashless exercise” if permitted by the Warrant Agreement) of the United States of America upon surrender of this Warrant Certificate and “Lender Warrants” each permitting purchase payment of the Exercise Price at the office or agency of the Warrant Agent referred to below, subject to the conditions set forth herein and in the Warrant Agreement. Defined terms used in this Warrant Certificate but not defined herein shall have the meanings given to them in the Warrant Agreement. Each Warrant is initially exercisable for one fully paid and non-voting equity assessable share of Common Stock. The number of shares of Common Stock issuable upon exercise of the Warrants is subject to adjustment upon the occurrence of certain events set forth in an amount the Warrant Agreement. The initial Exercise Price per share of Common Stock for any Warrant is equal to up $10.00 per share. The Exercise Price is subject to two adjustment upon the occurrence of certain events set forth in the Warrant Agreement. Subject to the conditions set forth in the Warrant Agreement, the Warrants may be exercised only during the Exercise Period, which will commence on December , 2013 and one-half percent (2.5%) of total issued shares of “Propco Holdco,” the parent company that holds non-voting shares of terminate at 5:00 p.m., New PropcoYork City time, on a fully diluted basis for a total the earlier to occur of: (1) November , 2018, (2) the liquidation of 5% the Company, or (or such lesser percentage as is calculated per 3) the following paragraph).The FG Warrants Redemption Date, and the Lender Warrants will have different strike prices as described below. The Warrants shall provide that, to the extent not exercised by the Xxxxxxxx Affiliates end of such Exercise Period, such Warrants shall become void. Reference is hereby made to the further provisions of this Warrant Certificate set forth on the reverse hereof and Mortgage Lenders purchase additional equity of Propco Holdco such further provisions shall for all purposes have the same effect as though fully set forth at this place. This Warrant Certificate shall not be valid unless countersigned by the Warrant Agent, as such term is used in connection the Warrant Agreement. This Warrant Certificate shall be governed and construed in accordance with the Plan or if other outside investors purchase additional equity directly issued by Propco Holdco within the first six months after confirmation, then the percentage of outstanding equity that can be purchased upon exercise of such warrants shall be automatically ratably reduced to take into account the dilutive effect internal laws of the increase in total capitalization State of Propco Holdco resulting from such equity sales.(4) New York, without regard to conflicts of laws principles thereof. YX GENOMICS, INC. By: Name: Title: CONTINENTAL STOCK TRANSFER & TRUST COMPANY, as Warrant Terms The warrants shall reflect the terms Agent By: Name: Title: [Form of this Annex 3 Amended and shall otherwise be on customary terms and conditions for warrants of this nature. The warrants should contain customary anti-dilution adjustments for stock splits and combinations, stock dividends and similar reclassifications but shall not contain any ratchet or other adjustment for issuances of equity below any specified values. All warrants (and any shares received upon exercise thereof) shall be non-transferable except for transfers to parties-in-interest on Plan consummation as contemplated under the Term Sheet, distributions by such recipients to their investors or equity holders, transfers to affiliates, other Restated Warrant holders or other equity holders, transfers to other persons mutually acceptable to both FG and the Propco Plan Recipients, and other exceptions to be specified in definitive documentation. Issuance of Warrants All the warrants shall be initially issued to the Propco Plan Participants as part of the Senior Plan Recovery. Sale of Warrants The Propco Plan Recipients will, concurrently with FG’sCertificate] [REVERSE]