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”).
