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Regardless of almost anything to the opposite contains herein, Section ten.cuatro, Section ten.5, Section 10.9, Section 10.10, Section ten.11 and you may Section 10.a dozen which past sentence from Point 8.cuatro (and every other provision for the Contract to the the total amount a keen modification, supplement, waiver or any other amendment of these supply create modify the material of such parts) is almost certainly not amended, waived, changed otherwise formulated in any manner to your extent such as modification, waiver, complement or any other modification is actually negative for the Personal debt Financing Source or the Common Equity Financing Provide with no earlier authored agree of your Personal debt Financing Source or the Well-known Security Money Provide, because the appropriate. Don’t have any allege up against the Company otherwise some of its Subsidiaries, otherwise any one of the respective Affiliates, stockholders or Agencies, or other People functioning on part of one’s Company, in respect thereto. (a) The brand new signed up money inventory of the Business as of the brand new go out associated with the Arrangement includes step 3,two hundred,100,000 offers of Business Preferred Inventory and you can 32,000,one hundred thousand offers out of popular inventory, face value $0.01 for each and every share (the newest “Team Preferred Stock”). The firm Preferred Inventory plus the Company Popular Stock are titled for the rights and you can rights set forth on the Certificate of Incorporation.

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