Common use of W I T N E S E T H WHEREAS Clause in Contracts

W I T N E S E T H WHEREAS. the Company has heretofore executed and delivered to the Trustee an indenture, dated as of December 13, 2021 (the “Indenture”), providing for the issuance of 1.75% Convertible Senior Notes due 2028 (the “Notes”);

W I T N E S E T H WHEREAS. the Company has heretofore executed and delivered to the Trustee an indenture, dated as of December 13, 2021 indenture (the “Indenture”), dated as of October 7, 2020 providing for the issuance of 1.758.500% Convertible Senior Secured Notes due 2028 2024 (the “Notes”);

W I T N E S E T H WHEREAS. the Company has heretofore executed and delivered to the Trustee an indenture, dated as of December 13, 2021 indenture (the “Indenture”), dated as of January 28, 2021 providing for the issuance of 1.755.75% Convertible Senior Secured Notes due 2028 2029 (the “Notes”);

W I T N E S E T H WHEREAS. the Company has heretofore executed and delivered to the Trustee an indenture, dated as of December 13, 2021 indenture (the “Indenture”), dated as of August 17, 2022 providing for the issuance of 1.757.250% Convertible Senior Secured Notes due 2028 2027 (the “Notes”);