Extract to table

("Clearpath") prior to a change of control; however, the agreement provides that consent shall not be unreasonably withheld, conditioned, or delayed, and further provides for a 30-day deemed-consent mechanism

01 hereto) shall have acquired, directly or indirectly, beneficial ownership of more than 50% of the Voting Equity Interests of the Borrower; or (ii) the Borrower shall have sold, transferred, or otherwise disposed of all or substantially all of its assets (other than to a wholly owned Subsidiary of the Borrower)

05(b), the Borrower shall pay to the Lender a prepayment premium equal to 1

The Elkhorn payoff must be incorporated into the funds flow memorandum for the Transaction

Written notice of the anticipated Change of Control must be delivered to Elkhorn not less than 10 business days prior to closing

4 shall not relieve the terminating party of its obligation to pay all amounts due and owing under this Agreement through the effective date of termination, nor shall it relieve the breaching party of liability for damages arising from the breach