Extract to table

Critically for the holders of the Notes, the RSA expressly provides that the Notes shall remain outstanding and unimpaired by the Restructuring

03(c) of the RSA provides that the Indenture governing the Notes shall not be amended, modified, or supplemented in connection with the Restructuring, that the Notes shall continue to accrue interest at the contract rate of 8

25% per annum, that all scheduled payments of principal and interest on the Notes shall continue to be made in accordance with the terms of the Indenture, and that the Missed Payment of $2,062,500 shall be paid in full to the Trustee for the account of the holders of the Notes on or before the closing date of the Restructuring

The RSA further provides that the maturity date of the Notes shall remain March 1, 2025, and that no additional liens or encumbrances shall be placed on any collateral that would be senior to, or pari passu with, any claim of the holders of the Notes

This waiver is effective as of the date of this letter, March 20, 2023, and shall remain in effect for so long as the conditions set forth in Section 2

25% per annum (or such default rate, if any, as may be applicable under the Indenture), to the Trustee for the account of the holders of the Notes, on or before the closing date of the Restructuring (which is currently scheduled for, and in any event shall occur no later than, June 30, 2023, the Outside Date)