Common use of Entire Agreement; Amendments Clause in Contracts

Entire Agreement; Amendments. This Agreement constitutes the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereof. None of the terms of this Agreement may be amended except by an instrument executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the its subject matter hereof. None and supersedes any and all prior agreements, and neither it nor any part of the terms of this Agreement it may in any way be amended altered, amended, extended, waived, discharged or terminated except by an instrument executed a written agreement signed by each of the parties hereto.

Entire Agreement; Amendments. This The Agreement constitutes contains the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereof. None of the terms of this Agreement may be amended except by an instrument executed by each of hereof and supersedes all prior agreements and understandings, oral or written, with respect to such matters, which the parties heretoacknowledge have been merged into such documents, exhibits and schedules.

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding of among the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereofhereof and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter of this Agreement. None The express terms of this Agreement control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms of this Agreement. This Agreement may not be modified or amended except other than by an instrument executed agreement in writing signed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes and the agreements referenced herein contain the entire agreement and understanding of the parties hereto in respect of relating to the subject matter hereof, and supersedes and replaces supersede in their entirety any and all prior proposalsand/or contemporaneous agreements, term sheets, letters, negotiations understandings or other documents or agreementsrepresentations relating to the subject matter hereof, whether written or oral, with respect to including without limitation the subject matter hereofExisting Agreement. None of the terms No amendments, alterations or modifications of this Agreement may will be amended except valid unless made in writing and signed by an instrument executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereof. None of the terms of this Agreement may be amended except by an instrument executed by each of the parties heretohereof and supersedes all prior agreements and understandings, oral or written, with respect to such matters.

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect relating to the subject matter hereofcontained herein. None of the terms of this This Agreement may cannot be amended or changed except through a written instrument signed by an instrument executed by each all of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding of between the parties hereto in with respect of to the subject matter hereofhereof and supersedes all prior and contemporaneous agreements, understandings, inducements, and supersedes and replaces in their entirety conditions, express or implied, oral or written, of any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, nature whatsoever with respect to the subject matter hereof. None The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms of this hereof. This Agreement may not be modified or amended except other than by an instrument executed agreement in writing signed by each of the party or parties heretoto be bound.

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the its subject matter hereof. None matter, and neither it nor any part of the terms of this Agreement it may in any way be amended altered, amended, extended, waived, discharged or terminated except by an instrument executed a written agreement signed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes the entire understanding and agreement and understanding of the parties hereto in with respect of to the subject matter hereof, matters discussed herein and supersedes all other prior agreements and replaces in their entirety any prior proposalsunderstandings, term sheets, letters, negotiations or other documents or agreements, whether written or oral, between the parties with respect to the subject matter hereofthereto. None There are no representations, warranties or agreements of the terms of any kind relating thereto that are not set forth in this Agreement. This Agreement may not be amended or modified except by an a written instrument executed signed by each of the parties heretohereto or their respective successors and legal representatives.

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect regard to the subject matter hereofcontained herein, and supersedes all prior agreements, understandings or letters of intent with regard to the subject matter contained herein between the parties hereto. None of the terms of this This Agreement may shall not be amended amended, modified or supplemented except by an a written instrument executed signed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes constitute the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes supersede and replaces replace in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereof. None of the terms of this Agreement may be amended except by an instrument executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes the entire agreement and understanding of between the parties hereto in respect of the subject matter hereofParties, and supersedes and replaces any and all previous understandings, oral or written, in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect matter relating to the subject matter hereofthis Agreement. None of the terms of this This Agreement may be amended except by an instrument only upon mutual agreement of the Parties and will only be effective if the amendment is in writing and executed by each of the parties heretoParties.

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the its subject matter hereof. None and supersedes any and all prior agreements, and neither it nor any part of the terms of this Agreement it may in any way be amended altered, amended, extended, waived, discharged or terminated except by an instrument executed a written agreement signed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their its entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereof. None of the terms of this Agreement may be amended except by an instrument executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes and the agreements and documents referenced herein contain the entire agreement and understanding of the parties hereto in with respect of to the subject matter hereof, covered herein and supersedes and replaces in their entirety any supersede all prior proposals, term sheets, lettersagreements, negotiations or other documents or agreementsand understandings, whether written or oral, with respect to the such subject matter hereofmatter. None of the terms No provision of this Agreement may shall be waived or amended except other than by an instrument executed in writing signed by each of Debtor and the parties heretoSecured Party.

Entire Agreement; Amendments. This Agreement constitutes the entire agreement and understanding of between the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereof, and supercedes and replaces any prior or contemporaneous agreements or understandings, whether written or oral, relating to such subject matter. None of This Agreement is not intended to confer upon any person other than the terms of this parties hereto any rights or remedies hereunder. This Agreement may not be modified or amended except in writing signed by an instrument executed by each of the parties heretoparties.

Entire Agreement; Amendments. This Agreement constitutes represents the entire agreement and understanding of the parties hereto in respect of and superceded and cancels any and all prior negotiations, undertakings and agreements between the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreementsparties, whether written or oral, with respect to the subject matter hereof. None of the terms of this Agreement. This Agreement may be amended except amended, modified, waived or terminated only by an a written instrument executed signed by each of the both parties heretoto this Agreement.

Entire Agreement; Amendments. This Assignment Agreement constitutes and the agreements referenced herein, constitute the entire agreement and understanding of the parties hereto in respect of the subject matter hereofhereof and thereof, and supersedes supersede and replaces replace in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereofhereof or thereof. None of the terms of this Assignment Agreement may be amended except by an instrument executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereof. None of the terms of this Agreement may be amended except by an instrument executed by each of the parties hereto. This Agreement does not supersede any confidentiality agreement between the Company and the Warrantholder.

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereofcontained herein, and during the Term supersedes all prior agreements, promises, warranties, covenants or undertakings between the parties with respect to the subject matter herein. None of the terms of this This Agreement may not be altered, modified, or amended except by an written instrument executed signed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes (a) sets forth the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereof. None of the terms of this Agreement ; (b) incorporates and merges any and all previous agreements, understandings, and communications, oral or written; and (c) may not be amended modified, amended, or waived except by an a written instrument duly executed by each of the parties heretoparty against whom such modification, amendment, or waiver is sought to be enforced.

Entire Agreement; Amendments. This Agreement constitutes the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereofhereof (including the Warrantholder’s proposal letter dated January 19, 2018). None of the terms of this Agreement may be amended except by an instrument executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes represents the entire agreement and understanding of between the parties hereto in respect of the subject matter hereofparties, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or all other documents or agreements, whether written express or oralimplied, with respect to between the parties concerning the subject matter hereof. None This Agreement may not be amended or modified in any manner except by a written document signed by authorized representatives of the terms of this Agreement may be amended except by an instrument executed by each of the parties heretoparties.

Entire Agreement; Amendments. This Agreement constitutes Agreement, together with any Appendices attached hereto sets forth the entire complete and final agreement and understanding of the parties hereto in with respect of to the subject matter hereofmatters covered, and supersedes and replaces in their entirety any terminates all prior proposals, term sheets, letters, negotiations or other documents or agreementsagreements and understandings between the parties, whether written oral or oralwritten, with respect to the subject matter hereofmatters covered. None of the terms of this This Agreement may be amended except only by an instrument executed a writing signed by each of the parties heretoparties.

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the its subject matter hereofmatter. None of the terms of this There are no restrictions, agreements, promises, representations, warranties, covenants or undertakings other than those expressly set forth herein. This Agreement may be amended except only by an a written instrument duly executed by each of the parties heretohereto or their respective successors or assigns.

Entire Agreement; Amendments. (a) This Agreement Agreement, together with all Exhibits hereto, which are incorporated herein and made a part hereof by this reference, constitutes the entire agreement and understanding of Agreement between the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety cancels any other prior proposalsagreements or understandings whether written, term sheets, letters, negotiations oral or other documents or agreements, whether written or oral, with respect to the subject matter hereofimplied. None of the terms of this This Agreement may not be amended except by an instrument executed in writing signed by each of both the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereof. None of the terms of this There are no restrictions, agreements, promises, representations, warranties, covenants or undertakings other than those expressly set forth herein. This Agreement may be amended except only by an a written instrument duly executed by each of the parties heretohereto or their respective successors or assigns.

Entire Agreement; Amendments. This Agreement constitutes the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, delivered pursuant hereto constitute the full and entire understanding and agreement between the Parties with respect regard to the subject matter hereofmatters hereof and thereof and shall supersede all prior agreements and understandings relating thereto. None of the terms of Neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated except by an instrument executed in writing signed by each of the parties Parties hereto.

Entire Agreement; Amendments. This The Agreement constitutes contains the entire agreement and understanding of between the parties hereto in respect of the subject matter hereofhereto, and supersedes no prior oral or written, and replaces in their entirety any prior proposals, term sheets, letters, negotiations no contemporaneous oral representations or other documents or agreements, whether written or oral, agreements between the parties with respect to the subject matter hereof. None of the terms of this Agreement may shall be amended except of any force and effect. Any additions, amendments or modifications to this Agreement shall be of no force and effect unless in writing and signed by an instrument executed by each of the parties heretoboth Lessee and Manager.

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereof. None of the terms of There are no restrictions, agreements, promises, representations, warranties, covenants or other undertakings other than those expressly set forth in this Agreement. This Agreement may be amended except only by an a written instrument duly executed by each of the parties heretoor their respective successors or assigns.

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the its subject matter hereofmatter. None of the terms of There are no restrictions, agreements, promises, representations, warranties, covenants or other undertakings other than those expressly set forth in this Agreement. This Agreement may be amended except only by an a written instrument duly executed by each of the parties heretoor their respective successors or assigns.

Entire Agreement; Amendments. This Agreement constitutes and any documents contemplated hereby contain, and are intended as, a complete statement of all the entire agreement and understanding terms of the arrangements between the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereof. None of the terms of this Agreement may be amended except by an instrument executed by each of matters provided for, and supersede any and all prior agreements, arrangements and understandings between the parties heretowith respect to the matters provided for herein. No alteration, waiver, amendment, change or supplement hereto shall be binding or effective unless the same is set forth in writing, signed by the parties hereto or a duly authorized representative thereof.

Entire Agreement; Amendments. This Agreement constitutes the entire agreement and understanding of between the parties hereto in respect of concerning the subject matter hereof, superseding all prior and supersedes and replaces in their entirety any prior contemporaneous drafts, proposals, term sheetsnegotiations, letterscommunications, negotiations or other documents or documents, understandings and agreements, whether written or oral, with respect to the subject matter hereofof this Agreement, unless specifically incorporated herein by reference. None of Any such superseded documents shall not be used in any manner for the terms interpretation of this Agreement and shall not constitute admissible evidence in any proceedings between the parties. This Agreement may only be amended except by an instrument executed a written document signed by each of the parties heretoboth parties.

Entire Agreement; Amendments. This Agreement constitutes the entire agreement and understanding of among the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposalsunderstandings, term sheets, letters, negotiations or other documents or agreements, whether or representations by or among the parties, written or oral, with respect that may have related in any way to the subject matter hereof. None of Unless otherwise provided in the terms of Plan or herein, this Agreement may not be amended amended, supplemented, or modified in whole or in part except by an instrument executed in writing signed by each the party or parties against whom enforcement of the parties heretoany such amendment, supplement, or modification is sought.

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect regard to the subject matter hereofcontained herein, and supersedes all prior agreements, understandings, offer letters, or letters of intent with regard to the subject matter contained herein between the parties hereto. None of the terms of this This Agreement may shall not be amended amended, modified or supplemented except by an a written instrument executed signed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereof. None hereof and supersedes all prior oral or written agreements or statements relating to such subject matter, and none of the terms of this Agreement and provisions hereof may be waived, amended or terminated except by an instrument executed by each in accordance with the provisions of the parties heretoAgreement.

Entire Agreement; Amendments. This Agreement constitutes and the agreements and documents referenced herein contain the entire agreement and understanding of the parties hereto in with respect of to the subject matter hereof, covered herein and supersedes and replaces in their entirety any supersede all prior proposals, term sheets, lettersagreements, negotiations or other documents or agreementsand understandings, whether written or oral, with respect to the such subject matter hereofmatter. None of the terms No provision of this Agreement may shall be waived or amended except other than by an instrument executed in writing signed by each of Xxxxxx and the parties heretoSecured Party.

Entire Agreement; Amendments. This Agreement constitutes constitute the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes supersede and replaces replace in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereof. None of the terms of this Agreement may be amended except by an a written instrument executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes the entire agreement and understanding of between the parties Parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereof and supersedes all prior oral or written agreements and understandings between the Parties relating to the subject matter hereof. None To the extent any of the exhibits to this Agreement contain terms that conflict with the terms set forth in the main body of this Agreement, the language in the exhibits shall be disregarded. This Agreement may only be amended except or modified by an a written instrument executed signed by each of the parties both Parties hereto.

Entire Agreement; Amendments. This Agreement constitutes constitute the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes supersede and replaces replace in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereofhereof (including Lender’s proposal letter dated October 3, 2013). None of the terms of this Agreement may be amended except by an instrument executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes sets forth the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any all prior proposals, term sheets, letters, negotiations agreements or other documents or agreementsunderstandings, whether written or oral, with respect to the subject matter hereof. None of the terms of this Agreement may No terms, conditions, or warranties, other than those contained herein, and no amendments or modifications hereto, shall be amended except valid unless made in writing and signed by an instrument executed by each of the all parties hereto.

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding of between the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect Parties as to the subject matter hereofhereof and supersedes all previous written and oral negotiations, commitments, proposals and writings. None of the terms of No amendments may be made to this Agreement may be amended except by an instrument executed a writing signed by each of the parties heretoboth Parties.

Entire Agreement; Amendments. This Agreement constitutes and the Other Transaction Documents (i) set forth the entire agreement and understanding of the parties hereto in respect of respecting the subject matter hereof, and supersedes and replaces in their entirety (ii) supersede any prior proposalsand contemporaneous understandings, term sheets, letters, negotiations or other documents or agreements, whether or representations by or among the parties, written or oral, with respect to the extent they related in any way to such subject matter hereof. None , and (iii) may not be amended orally, and no right or obligation of the terms of this Agreement any party may be amended altered, except as expressly set forth in a writing signed by an instrument executed by each of the parties heretosuch party.

Entire Agreement; Amendments. This Agreement constitutes the entire agreement and understanding of the parties hereto in respect of concerning the subject matter hereof, hereof and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or negotiations; proposed agreements and agreements, whether oral or written or oral, with respect to the subject matter hereofthereto. None of the terms of this This Agreement may not be modified, amended or terminated except by an instrument executed a writing signed by each of the both parties heretoand their authorized representatives.

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the its subject matter hereof. None and supersedes any and all prior or contemporaneous agreements or understandings, and neither it nor any part of the terms of this Agreement it may in any way be amended altered, amended, extended, waived, discharged, modified or terminated except by an instrument executed a written agreement signed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes and the documents referenced herein contain the entire agreement and understanding of the parties hereto in with respect of to the subject matter hereof, covered herein and supersedes and replaces in their entirety any supersede all prior proposals, term sheets, lettersagreements, negotiations or other documents or agreementsand understandings, whether written or oral, with respect to the such subject matter hereofmatter. None of the terms No provision of this Agreement may shall be waived or amended except other than by an instrument executed in writing signed by each of Debtor and the parties heretoSecured Party.

Entire Agreement; Amendments. This Agreement constitutes sets forth the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any all prior proposals, term sheets, letters, negotiations agreements or other documents or agreementsunderstandings, whether written or oral, with respect to the subject matter hereof. None of the terms of this Agreement may No terms, conditions or agreements other than those contained herein, and no amendments or modifications hereto shall be amended except valid unless made in writing and signed by an instrument executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect regard to the subject matter hereofcontained herein, and supersedes all prior agreements, understandings, or letters of intent with regard to the subject matter contained herein between the parties hereto, unless otherwise specified herein. None of the terms of this This Agreement may shall not be amended amended, modified, or supplemented except by an a written instrument executed signed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement (including the documents referred to herein) constitutes the entire agreement and understanding of among the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposalsunderstandings, term sheets, letters, negotiations or other documents or agreements, whether or representations by or among the parties, written or oral, with respect that may have related in any way to the subject matter hereof. None of the terms of this This Agreement may not be amended amended, supplemented or modified in whole or in part except by an instrument executed in writing signed by each the party or parties against whom enforcement of the parties heretoany such amendment, supplement or modification is sought.

Entire Agreement; Amendments. This Agreement constitutes and the Note constitute the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes supersede and replaces replace in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereof. None of the terms of this Agreement may be amended except by an instrument executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes and its Annexes contain the entire agreement and understanding of between the parties hereto in respect of Parties relating to the subject matter hereof, hereof and supersedes any and replaces in their entirety any all prior proposalsagreements, term sheets, letters, negotiations or other documents or agreementsunderstandings and arrangements, whether written or oral, with respect between the Parties relating to such subject matter and to the subject matter hereofextent relating to Product. None No amendments, changes, modifications, waivers or alterations of the terms and conditions of this Agreement may shall be amended except binding upon either Party hereto unless in writing and signed by an instrument executed by each of the parties heretoboth Parties.

Entire Agreement; Amendments. This Agreement constitutes and the entire agreement documents executed pursuant hereto supersede all negotiations, agreements and understanding of understandings among the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, Parties with respect to the subject matter hereofhereof and constitute the entire agreement among the Parties with respect thereto. None This Agreement may not be amended, modified or supplemented except by written agreement of the terms of this Agreement may be amended except by an instrument executed by each of the parties heretoParties.

Entire Agreement; Amendments. This Agreement constitutes constitute the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes supersede and replaces replace in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereofhereof (including Lender’s proposal letter dated November 20, 2006). None of the terms of this Agreement may be amended except by an instrument executed by each of the parties hereto.

Entire Agreement; Amendments. This The Agreement constitutes contains the entire agreement and understanding of between the parties hereto in respect of the subject matter hereofhereto, and supersedes no prior oral or written, and replaces in their entirety any prior proposals, term sheets, letters, negotiations no contemporaneous oral representations or other documents or agreements, whether written or oral, agreements between the parties with respect to the subject matter hereof. None of the terms of this Agreement may shall be amended except of any force and effect. Any additions, amendments or modifications to this Agreement shall be of no force and effect unless in writing and signed by an instrument executed by each of the parties heretoboth Owner and Manager.

Entire Agreement; Amendments. This Agreement constitutes Agreement, and the other documents referenced herein, constitute the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereof. None , and no amendment, modification or alteration of the terms of this Agreement may hereof shall be amended except by an instrument binding unless the same shall be in writing, dated subsequent to the date hereof and duly approved and executed by each of the parties heretoparty.

Entire Agreement; Amendments. This Agreement constitutes contains the entire ---------------------------- agreement and understanding of the parties hereto in with respect of to the subject matter hereof, and supersedes all prior agreements and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreementsunderstandings between the parties, whether written or oral, with respect to the subject matter hereof. None of the terms of this This Agreement may not be amended except by an written instrument executed signed by each all of the parties heretothereto.

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the its subject matter hereofmatter. None of the terms of this There are no restrictions, agreements, promises, representations, warranties, covenants or undertakings other than those expressly set forth herein. This Agreement may be amended except or modified only by an a written instrument duly executed by each of the parties heretohereto or their respective successors or assigns.

Entire Agreement; Amendments. This Agreement constitutes the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes supersede and replaces replace in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereofhereof (including Lender’s proposal letter dated April 18, 2013). None of the terms of this Agreement may be amended except by an a written instrument executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes constitute the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes supersede and replaces replace in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereofhereof (including Lender’s proposal letter dated July 24, 2015). None of the terms of this Agreement Warrant may be amended except by an instrument executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement (including the documents referred to herein) constitutes the entire agreement and understanding of among the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposalsunderstandings, term sheets, letters, negotiations or other documents or agreements, whether or representations by or among the parties, written or oral, with respect that may have related in any way to the subject matter hereofhereof (including, without limitation, the Original Agreement). None of Unless otherwise provided in the terms of Plan, this Agreement may not be amended amended, supplemented, or modified in whole or in part except by an instrument executed in writing signed by each the party or parties against whom enforcement of the parties heretoany such amendment, supplement, or modification is sought.

Entire Agreement; Amendments. This Agreement constitutes constitute the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes supersede and replaces replace in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereofhereof (including Warrantholder's proposal letter dated February 16, 2005. None of the terms of this Agreement may be amended except by an instrument executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes and the agreements and documents referenced herein contain the entire agreement and understanding of the parties hereto in with respect of to the subject matter hereof, covered herein and supersedes and replaces in their entirety any supersede all prior proposals, term sheets, lettersagreements, negotiations or other documents or agreementsand understandings, whether written or oral, with respect to the such subject matter hereofmatter. None of the terms No provision of this Agreement may shall be waived or amended except other than by an instrument executed in writing signed by each of Dxxxxx and the parties heretoCollateral Agent.

Entire Agreement; Amendments. This Agreement constitutes the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereofhereof (including the Warrantholder’s proposal letter dated September 13, 2018). None of the terms of this Agreement may be amended except by an instrument executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes and the agreements, instruments, schedules, and other writings referred to in this Agreement contain the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereof. None of the terms of this Agreement. There are no restrictions, agreements, promises, warranties, covenants, or undertakings other than those expressly set forth herein or therein. This Agreement supersedes all prior agreements and understandings between the parties with respect to its subject matter. This Agreement may be amended except only by an a written instrument duly executed by each all of the parties heretoor their successors or assigns.

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding of between the parties hereto in respect of relating to the subject matter hereof, hereof and supersedes any and replaces in their entirety any all prior proposalsagreements, term sheets, letters, negotiations or other documents or agreementsunderstandings and arrangements, whether written or oral, with respect to between the subject matter hereofparties. None No amendments, changes, modifications or alterations of the terms and conditions of this Agreement may shall be amended except binding upon either party hereto unless in writing and signed by an instrument executed by each of the parties heretoboth parties.

Entire Agreement; Amendments. This Agreement constitutes contains all of the entire agreement and understanding agreements of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereofmatters contained herein and no prior or contemporaneous agreement or understanding, oral or written, pertaining to any such matters shall be effective for any purpose. None of the terms No provision of this Agreement may be amended or added to except by an instrument executed agreement in writing signed by each of the parties heretohereto or their respective successors in interest.

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the its subject matter hereofmatter. None of the terms of this There are no restrictions, agreements, promises, representations, warranties, covenants or undertakings other than those expressly set forth herein. This Agreement may be amended except only by an a written instrument duly executed by each of the parties heretoor their respective successors or assigns.

Entire Agreement; Amendments. 17.1 This Agreement Agreement, including its preambles and the attached documents, constitutes the entire agreement and understanding of between the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, Parties with respect to the subject matter hereof. None of the terms of this Agreement may be amended except by an instrument executed by each of Agreement, and supersedes all previous agreements, whether oral or in writing, between the parties heretoParties with respect to the same subject matter.

Entire Agreement; Amendments. This Agreement constitutes Agreement, together with the Joinder Agreement, constitute the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes supersede and replaces replace in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereofhereof (including Lender’s proposal letter dated January 21, 2009). None of the terms of this Agreement may be amended except by an instrument executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes constitute the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes supersede and replaces replace in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereofhereof (including Lender’s proposal letter dated March 5, 2010). None of the terms of this Agreement may be amended except by an instrument executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes constitute the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes supersede and replaces replace in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereofhereof (including the proposal letter from Hercules Technology Growth Capital, Inc. dated April 25, 2013). None of the terms of this Agreement may be amended except by an instrument executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement (including the documents and exhibits referred to herein) constitutes the entire agreement and understanding of among the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposalsunderstandings, term sheets, letters, negotiations or other documents or agreements, whether or representations by or among the parties, written or oral, with respect that may have related in any way to the subject matter hereof. None of Unless otherwise provided in the terms of Plan, this Agreement may not be amended amended, supplemented, or modified in whole or in part except by an instrument executed in writing signed by each the party or parties against whom enforcement of the parties heretoany such amendment, supplement, or modification is sought.

Entire Agreement; Amendments. This Agreement constitutes Agreement, including its exhibits, and the entire agreements entered into by the Parties pursuant to this Agreement, constitute the entire, final, and complete agreement and understanding of between the parties hereto in Parties with respect of the to its subject matter hereof, and supersedes and replaces in their entirety any and supersede all prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, discussions and agreements between them with respect to the subject matter hereof. None No modification of the any terms or conditions hereof shall be effective unless made in writing and signed by a duly authorized representative of this Agreement may be amended except by an instrument executed by each of the parties heretoParty.

Entire Agreement; Amendments. This Agreement constitutes the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereof, including the Warrantholder’s proposal letter dated November 8, 2019. None of the terms of this Agreement may be amended except by an instrument executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding of the parties hereto in with respect of the to its subject matter hereof, and supersedes and replaces cancels any and all prior or contemporaneous agreements or understandings, and neither it nor any part of it may in their entirety any prior proposalsway be altered, term sheetsamended, lettersextended, negotiations waived, discharged, modified or other documents or agreements, whether written or oral, with respect to the subject matter hereof. None of the terms of this Agreement may be amended terminated except by an instrument executed a written agreement signed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereof. None contains all of the terms and conditions agreed upon by the parties relating to its subject matter and supersedes all prior or contemporaneous agreements, negotiations, correspondence, understandings and communications of this the parties, whether oral or written, respecting that subject matter. This Agreement may not be amended or modified, nor may any of its terms be waived, except by an instrument executed written instruments signed by each of the parties heretoMaxtor and HEI.

Entire Agreement; Amendments. This Agreement constitutes contains the entire understanding and agreement and understanding of between the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereof. None of the terms of this Agreement may , supersedes and replaces all prior agreements and understandings (oral or written), and cannot be modified or amended except by an instrument executed in writing signed by each of the all parties heretohereto or their respective successors or assigns.

Entire Agreement; Amendments. This Agreement constitutes the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereof. None of the terms of this Agreement may be amended except by an instrument executed by each of the parties hereto.. (i)

Entire Agreement; Amendments. This Agreement constitutes contains and its terms constitute the entire agreement and understanding of the parties hereto in respect of and supersedes all prior agreements regarding the subject matter hereof, and herein. This Agreement supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or contemporaneous agreements, whether written or oralnegotiations, with respect to the subject matter hereof. None correspondence, undertakings and communications of the terms parties, oral or written. No amendment or modification of any provision of this Agreement may shall be amended except effective unless in writing and signed by an instrument executed by each the party against whom enforcement of the parties heretosuch amendment or modification is sought.

Entire Agreement; Amendments. This Agreement constitutes and the Recitals contain the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect regard to the subject matter hereofcontained herein, and supersede all prior agreements, understandings or letters of intent between the parties hereto. None of the terms of this This Agreement may shall not be amended amended, modified or supplemented except by an a written instrument executed signed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes Agreement, including the other documents referred to herein which form a part hereof, contain the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereofcontained herein and supersedes all prior agreements and understanding between the parties with respect to such subject matter. None of the terms of Neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated except by an instrument executed in writing signed by each of all the parties Parties hereto.

Entire Agreement; Amendments. This Agreement constitutes the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereofhereof (including the proposal letter dated February 4, 2008 among the Warrantholder, Comerica Bank and the Company). None of the terms of this Agreement may be amended except by an instrument executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereofhereof (including the Warrantholder’s proposal letter dated September 2, 2020). None of the terms of this Agreement may be amended except by an instrument executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes constitute the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes supersede and replaces replace in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereofhereof (including Warrantholder’s proposal letter dated February 27, 2017). None of the terms of this Agreement may be amended except by an instrument executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes constitute the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes supersede and replaces replace in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereofhereof (including Warrantholder’s proposal letter dated May 14, 2003). None of the terms of this Agreement may be amended except by an instrument executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereofhereof (including the proposal letter dated May 7, 2010 between the Warrantholder and the Company). None of the terms of this Agreement may be amended except by an instrument executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes is the entire full, complete, and exclusive agreement and understanding of between the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety cancels any prior proposals, term sheets, letters, negotiations and all previous or other documents or agreementscontemporaneous agreements of whatever nature, whether written or oral, between them with respect to the subject matter hereofmatters covered herein. None of the terms of this This Agreement may only be modified or amended except in a writing signed by an instrument executed by each of the parties heretoboth parties.

Entire Agreement; Amendments. This Agreement (including the ---------------------------- Exhibits referred to herein) constitutes the entire agreement and understanding of among the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposalsunderstandings, term sheets, letters, negotiations or other documents or agreements, whether or representations by or among the parties, written or oral, with respect that may have related in any way to the subject matter hereof. None of the terms of this This Agreement may not be amended amended, supplemented or modified in whole or in part except by an instrument executed in writing signed by each the party or parties against whom enforcement of the parties heretoany such amendment, supplement or modification is sought.

Entire Agreement; Amendments. This Agreement constitutes the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereofhereof (including Warrantholder’s proposal letter dated July 21, 2014). None of the terms of this Agreement may be amended except by an instrument executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes sets forth the entire agreement and understanding of the parties hereto in respect of concerning the subject matter hereofof this Agreement and incorporates all prior negotiations and understandings. There are no covenants, and supersedes and replaces in their entirety any prior proposalspromises, term sheets, letters, negotiations or other documents or agreements, whether written conditions or oralunderstandings, with respect either oral or written, between them relating to the subject matter hereof. None of the terms of this Agreement may other than those set forth herein. No alteration, amendment, change or addition to this Agreement shall be amended except binding upon any party unless in writing and signed by an instrument executed by each of the parties heretoparty to be charged.

Entire Agreement; Amendments. This Agreement constitutes and the entire agreement exhibits and understanding related documents referred to in this Agreement contain all of the parties hereto in respect agreements of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, Parties with respect to the subject matter hereofmatters contained herein and all prior or contemporaneous agreements or understandings, oral or written, pertaining to any such matters are merged herein and shall not be effective for any purpose. None of the terms No provision of this Agreement may be amended or added to except by an instrument executed agreement in writing which is signed by each of the parties heretoParties or their respective successors in interest and indicates that it is an amendment to this Agreement.

Entire Agreement; Amendments. This Agreement constitutes Agreement, and any agreements and documents delivered pursuant hereto, contain the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, Parties with respect regard to the subject matter hereof. None contained herein or therein, and supersede all other prior agreements, understandings or letters of intent between or among any of the terms of this Parties. This Agreement may shall not be amended amended, modified or supplemented except by a written instrument signed by an instrument executed by authorized representative of each of the parties heretoParties.

Entire Agreement; Amendments. This Agreement constitutes (a) sets forth the ---------------------------- entire agreement and understanding of between the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereof. None of , superseding any and all prior agreements, understandings or arrangements with respect to the terms of this Agreement subject matter hereof, and (b) may not be amended except or modified in any respect other than by an instrument a writing executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes Agreement, inclusive of the Exhibits hereto, contains the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect regard to the subject matter hereof. None contained herein, and supersedes all other prior representations, warranties, agreements, understandings or letters of intent between or among any of the terms of this parties hereto. This Agreement may shall not be amended amended, modified or supplemented except by an a written instrument executed or agreement signed by each of the parties heretoparties.

Entire Agreement; Amendments. This Agreement constitutes and its exhibits contains the entire agreement and understanding of between the parties hereto in respect of the subject matter hereofparties, and supersedes and replaces in their entirety supersede any prior proposals, term sheets, letters, negotiations or other documents or contemporaneous agreements, whether written or oral, with respect to regarding the subject matter hereof. None of the terms of No amendments or changes to this Agreement may will be amended except effective unless made in writing and signed by an instrument executed by authorized representative of each of the parties heretoparty.

Entire Agreement; Amendments. This Agreement constitutes the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereofhereof (including Warrantholder's proposal letter dated June 13, 2014 and accepted by the Company on June 18, 2014). None of the terms of this Agreement may be amended except by an instrument executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect regard to the subject matter hereof. None contained herein, and supersedes all prior agreements, understandings or letters of intent between or among any of the terms of this parties. This Agreement may shall not be amended amended, modified or supplemented except by a written instrument signed by an instrument executed by authorized representative of each of the parties heretoparties.

Entire Agreement; Amendments. This Agreement constitutes (including the annexed documents) sets forth the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereof. None of the terms of this Agreement may It shall not be amended or modified, and no provision hereof shall be waived, except by an written instrument duly executed by each of the parties hereto.

Entire Agreement; Amendments. This Agreement constitutes constitute the entire agreement and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior proposals, term sheets, letters, negotiations or other documents or agreements, whether written or oral, with respect to the subject matter hereofhereof (including Lender’s proposal letter dated January 24, 2007). None of the terms of this Agreement may be amended except by an instrument executed by each of the parties hereto.