Common use of Tranche B Note Clause in Contracts

Tranche B Note. For avoidance of doubt, (i) neither the execution, delivery and effectiveness of this Agreement nor the consummation of any of the transactions contemplated hereunder constitutes or operates as a waiver of any of the Holder’s rights or remedies under the Tranche B Note or any of the other Transaction Documents (as defined in the October 2024 Securities Purchase Agreement), nor constitutes a waiver of any provision of the Transaction Documents and (ii) neither the Collateral Agent or the Holder has waived, is by this Agreement waiving or has any intention of waiving any Event of Default (as defined in the Tranche B Note) which may be continuing on the date hereof or any Events of Default which may occur after the date hereof (whether the same or similar to any existing Events of Default or otherwise), and neither the Collateral Agent nor the Holder has agreed to forbear with respect to any of their rights or remedies concerning any Event of Default occurring at any time.

Tranche B Note. For avoidance of doubt, (i) neither the execution, delivery and effectiveness of this Agreement nor the consummation of any of the transactions contemplated hereunder constitutes or operates as a waiver of any of the Holder’s rights or remedies under the Tranche B Note or any of the other Transaction Documents (as defined in the October 2024 Securities Purchase Agreement), nor constitutes a waiver of any provision of the Transaction Documents and (ii) neither the Collateral Agent or the Holder has waived, is by this Agreement waiving or has any intention of waiving any Event of Default (as defined in the Tranche B Note) which may be continuing on the date hereof or any Events of Default which may occur after the date hereof (whether the same or similar to any existing Events of Default or otherwise), and neither the Collateral Agent nor the Holder has agreed to forbear with respect to any of their rights or remedies concerning any Event of Default occurring at any time.. [The remainder of the page is intentionally left blank]