Common use of Authorization of the Note Securities Clause in Contracts

Authorization of the Note Securities. The Company has authorized the sale and issuance of a Senior Secured Note due 2024 (the “Note”), and each Guarantor (as defined in such Note) has, authorized its unconditional and irrevocable guarantee of the Company’s obligations under the Note (each a “Guarantee,” and the Guarantees, together with the Note, the “Note Securities”), and the Company and each Guarantor has granted a security interest in the Collateral (as defined in the security agreement attached as Exhibit B and dated as of January 30, 2023, (the “Security Agreement”)) pursuant to which the obligations of the Company and each Guarantor under the Note and each Guarantee, respectively, are to be secured (the “Security Interest”). The Form of Note, including the Guarantees is attached hereto as Exhibit A, and each of the Note and this Agreement is designated as a Note Document under the Security Agreement pursuant to that certain Note Document Designation Notice dated as of the date hereof in the form attached hereto as Exhibit C (the “Designation Notice”). The Note will be convertible into (a) the Company’s common stock, par value $0.0001 per share (the “Common Stock”) or (b) in certain circumstances and upon the satisfaction of certain conditions specified in the Note, Common Stock or securities convertible into, or exchangeable or exercisable for, Common Stock (together, “Qualified Securities”). Common Stock that may be issued upon conversion of the Note is referred to herein as “Underlying Common Stock” and Qualified Securities (including Common Stock) that may be issued upon any conversion are referred to herein as (“Underlying Securities”). The Company has authorized the sale and issuance of the Underlying Securities as set forth herein. The Note Securities and the Underlying Securities are referred to herein as the “Securities.”

Authorization of the Note Securities. The Company has authorized the sale and issuance of a Senior Secured Unsecured Note due 2024 (the “Note”), and each Guarantor (as defined in such Note) has, authorized its unconditional and irrevocable guarantee of the Company’s obligations under the Note (each a “Guarantee,” and the Guarantees, together with the Note, the “Note Securities”), and the Company and each Guarantor has granted a security interest in the Collateral (as defined in the security agreement attached as Exhibit B and dated as of January 30, 2023, (the “Security Agreement”)) pursuant to which the obligations of the Company and each Guarantor under the Note and each Guarantee, respectively, are to be secured (the “Security Interest”). The Form of Note, including the Guarantees Guarantees, is attached hereto as Exhibit A, and each of the Note and this Agreement is designated as a Note Document under the Security Agreement pursuant to that certain Note Document Designation Notice dated as of the date hereof in the form attached hereto as Exhibit C (the “Designation Notice”). A. The Note will be convertible into (a) the Company’s common stock, par value $0.0001 per share (the “Common Stock”) or (b) in certain circumstances and upon the satisfaction of certain conditions specified in the Note, Common Stock or securities convertible into, or exchangeable or exercisable for, Common Stock (together, “Qualified Securities”). Common Stock that may be issued upon conversion of the Note is referred to herein as “Underlying Common Stock” and Qualified Securities (including Common Stock) that may be issued upon any conversion are referred to herein as (“Underlying Securities”). The Company has authorized the sale and issuance of the Underlying Securities as set forth herein. The Note Securities and the Underlying Securities are referred to herein as the “Securities.”

Authorization of the Note Securities. The Company has authorized the sale and issuance of a Senior Secured Note due 2024 (the “Note”), and each Guarantor (as defined in such Note) has, authorized its unconditional and irrevocable guarantee of the Company’s obligations under the Note (each a “Guarantee,” and the Guarantees, together with the Note, the “Note Securities”), and the Company and each Guarantor has granted a security interest in the Collateral (as defined in the security agreement in the form attached as Exhibit B and dated as of January 30, 2023on or about the date hereof, (the “Security Agreement”)) pursuant to which the obligations of the Company and each Guarantor under the Note and each Guarantee, respectively, are to be secured (the “Security Interest”). The Form of Note, including the Guarantees is attached hereto as Exhibit A, and each of the Note and this Agreement is designated as a Note Document under the Security Agreement pursuant to that certain Note Document Designation Notice dated as of the date hereof in the form attached hereto as Exhibit C (the “Designation Notice”)Agreement. The Note will be convertible into (a) the Company’s common stock, par value $0.0001 per share (the “Common Stock”) or (b) in certain circumstances and upon the satisfaction of certain conditions specified in the Note, Common Stock or securities convertible into, or exchangeable or exercisable for, Common Stock (together, “Qualified Securities”). Common Stock that may be issued upon conversion of the Note is referred to herein as “Underlying Common Stock” and Qualified Securities (including Common Stock) that may be issued upon any conversion are referred to herein as (“Underlying Securities”). The Company has authorized the sale and issuance of the Underlying Securities as set forth herein. The Note Securities and the Underlying Securities are referred to herein as the “Securities.”

Authorization of the Note Securities. The Company has authorized the sale and issuance of a Senior Secured Note due 2024 (the “Note”), and each Guarantor (as defined in such Note) has, authorized its unconditional and irrevocable guarantee of the Company’s obligations under the Note (each a “Guarantee,” and the Guarantees, together with the Note, the “Note Securities”), and the Company and each Guarantor has granted a security interest in the Collateral (as defined in the security agreement attached as Exhibit B and dated as of January 30, 2023, (the “Security Agreement”)Note) pursuant to which the secure its obligations of the Company and each Guarantor under the Note and each Guarantee, respectively, are to be secured respectively (the “Security Interest”). The Form of Note, including the Guarantees and Security Interest, is attached hereto as Exhibit A, and each of the Note and this Agreement is designated as a Note Document under the Security Agreement pursuant to that certain Note Document Designation Notice dated as of the date hereof in the form attached hereto as Exhibit C (the “Designation Notice”). A. The Note will be convertible into (a) the Company’s common stock, par value $0.0001 per share (the “Common Stock”) or (b) in certain circumstances and upon the satisfaction of certain conditions specified in the Note, Common Stock or securities convertible into, or exchangeable or exercisable for, Common Stock (together, “Qualified Securities”). Common Stock that may be issued upon conversion of the Note is referred to herein as “Underlying Common Stock” and Qualified Securities (including Common Stock) that may be issued upon any conversion are referred to herein as (“Underlying Securities”). The Company has authorized the sale and issuance of the Underlying Securities as set forth herein. The Note Securities and the Underlying Securities are referred to herein as the “Securities.”