AMENDED AND RESTATED ROFR AGREEMENTAnd Restated Rofr Agreement • January 25th, 2021 • Cyrus Capital Partners, L.P. • Communications services, nec • New York
This Amended and Restated ROFR Agreement (the “Agreement”), dated as of January 22, 2021, is entered into by and among certain beneficial holders of the Convertible Notes (as defined below) and/or the investment managers, advisors or sub-advisors of certain beneficial holders of the Convertible Notes (each, a “Convertible Noteholder” and, collectively, the “Convertible Noteholders”) that are identified on the signature pages hereto (collectively, the “Initial Noteholder Parties”) or that become a party to this Agreement after the Effective Date (as defined below) (such parties, the “Additional Noteholder Parties”) by executing and delivering a joinder agreement (a form of which is annexed hereto as Exhibit A, (the “Joinder Agreement”)) (the Initial Noteholder Parties and the Additional Noteholder Parties each, together with each of their respective successors, permitted assigns and affiliates, a “Noteholder Party” and collectively, the “Noteholder Parties”).
COOPERATION AGREEMENTCooperation Agreement • January 25th, 2021 • Cyrus Capital Partners, L.P. • Communications services, nec • New York
This Cooperation Agreement (and any other exhibits, schedules, or annexes attached hereto, the “Agreement”), dated as of January 19, 2021, is entered into by and among certain beneficial holders of the Convertible Notes (defined below) and/or the investment advisors, sub-advisors or managers of certain beneficial holders of the Convertible Notes identified on the signature pages hereto (each such person or entity, together with each of their respective successors and permitted assigns, an “Initial Cooperating Noteholder”, and collectively with such additional persons or entities that become a party hereto after the effective date hereof, by executing and delivering a Joinder Agreement (as defined herein) in accordance with the terms hereof (each such additional persons or entities, together with their respective successors and permitted assigns, and together with the Initial Cooperating Noteholders, collectively the “Cooperating Noteholders”). Each of the Cooperating Noteholders and th
