Extract to table

Without limiting the generality of the foregoing, the term "Affiliate" shall have the meaning ascribed to such term under Rule 12b-2 promulgated under the Securities Exchange Act of 1934, as amended, and shall be interpreted consistently with the definition of such term in the Merger Agreement

2 — Rules of Construction Unless the context of this Agreement otherwise requires: (a) words of any gender include each other gender; (b) words using the singular or plural number also include the plural or singular number, respectively; (c) the terms "hereof," "herein," "hereby," "hereto," and derivative or similar words refer to this entire Agreement; (d) the terms "Article," "Section," "Exhibit," and "Schedule" refer to the specified Article, Section, Exhibit, or Schedule of or to this Agreement, unless otherwise specified; (e) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (f) the word "or" shall not be exclusive; (g) references to agreements and other documents shall be deemed to include all subsequent amendments, restatements, supplements, and other modifications thereto, but only to the extent such amendments, restatements, supplements, and other modifications are not prohibited by the terms of this Agreement; (h) references to statutes shall include all regulations promulgated thereunder and references to statutes or regulations shall be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation; (i) the captions and headings of this Agreement are for convenience of reference only and shall not affect the interpretation of this Agreement; (j) all references to "dollars" or "$" shall mean United States dollars; and (k) all references to time shall mean Eastern Time, unless otherwise specified

In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement

1 — Issuance of CVRs (a) At the Effective Time, Penterra shall cause to be issued one (1) CVR for each share of Caliston common stock outstanding immediately prior to the Effective Time

(b) The CVRs shall be issued in book-entry form only

No physical certificates or other instruments evidencing the CVRs shall be issued, and no Holder shall be entitled to demand or receive a physical certificate representing any CVR