Extract to table

RESOLVED FURTHER, that the Offering shall be conducted pursuant to the Company's currently effective universal shelf registration statement on Form S-3 (File No

RESOLVED FURTHER, that the Underwriting Agreement shall provide for an underwriting discount of up to four percent (4

(b) Partial Retirement of Senior Secured Notes — Approximately $50,000,000: Approximately fifty million dollars ($50,000,000) of net proceeds shall be applied to the partial retirement, at par, of the Company's outstanding 6

Such partial retirement shall be effected in accordance with the optional redemption provisions of the Indenture or through open market purchases or other means as the officers of the Company shall determine to be in the best interests of the Company, subject to applicable securities laws and the terms of the Indenture

RESOLVED FURTHER, that the Pricing Committee (as established in Section 5 below) or any one of Marcus Hale (CEO), Lena Okafor (CFO), or Darren Whitfield (EVP & General Counsel), acting alone, is hereby authorized and empowered to reallocate the net proceeds of the Offering among the foregoing uses as he, she, or the Pricing Committee may deem appropriate or advisable in light of prevailing market conditions, the Company's business needs, and other relevant factors, provided that any such reallocation shall be consistent with the general parameters and strategic objectives set forth herein and shall be promptly reported to the Board

RESOLVED FURTHER, that the Pricing Committee is hereby authorized and empowered, on behalf of and in the name of the Company, to take the following actions: (a) to determine the final public offering price per share of Common Stock to be sold in the Offering, provided that such price shall not be less than twenty-five dollars ($25