0001011438-20-000187 Sample Contracts

Nokomis Capital
Nokomis Capital, L.L.C. • October 6th, 2020 • Semiconductors & related devices

Nokomis Capital Master Fund, LP, a Cayman Islands exempted limited partnership (“Nokomis”), and each affiliate and each member of a group, as defined in Rule 13d-5 under the Securities Exchange Act of 1934, as amended, (together with Nokomis, each a “Nokomis Party” and collectively the “Nokomis Parties”) irrevocably waives any ability to increase the Beneficial Ownership Limitation, as defined in each of the convertible note agreements for those certain convertible promissory notes specified in Appendix A hereto (each a “Note” and collectively, the “Notes”), in excess of 9.99% of the Ordinary Shares (including Ordinary Shares represented by ADSs) outstanding, subject to the other terms of the Notes or the applicable convertible note agreements, while any Nokomis Party holds or beneficially owns such Note. Each term used but not defined herein shall have the definitions used in the Notes or applicable convertible note agreements.

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