Acknowledgements Regarding Other Promises and Covenants. With regard to the promises and covenants set forth herein, Executive acknowledges and agrees that:

During Executive's employment with Company and for a period of 2 years following termination of employment for any reason or the Severance Period (the "Non-Competition Period"), Executive shall not either directly or indirectly, on Executive's own or another's behalf, engage in or assist others in any of the following activities (except on behalf of Company):

Acknowledgements Regarding Placement Agent. Each Buyer acknowledges that the Placement Agent will be compensated by the Company for acting in such capacity with respect to the securities purchased by the Buyers. The Buyer represents that # the Buyer was contacted regarding the sale of the Securities by the Placement Agent (or an authorized agent or representative thereof) with whom the Buyer had a substantial pre-existing relationship and who entered into a confidentiality agreement or otherwise agreed, orally or in writing, to keep information with respect to the transactions contemplated hereby confidential and # to such Buyer’s knowledge, no Securities were offered or sold to such Buyer by means of any form of general solicitation or general advertising.

Promises and Covenants Regarding Confidential Information and Goodwill; Inventions and Assignment; Restrictive Covenants.

Agreements and Acknowledgements Regarding Hedging. ​ understands, acknowledges and agrees that: # at any time on and prior to the Expiration Date, ​ and its affiliates may buy or sell Shares or other securities or buy or sell options or futures contracts or enter into swaps or other derivative securities in order to adjust its hedge position with respect to the Transaction; # ​ and its affiliates also may be active in the market for Shares other than in connection with hedging activities in relation to the Transaction; # ​ shall make its own determination as to whether, when or in what manner any hedging or market activities in securities of Issuer shall be conducted and shall do so in a manner that it deems appropriate to hedge its price and market risk with respect to the “Daily VWAP” (as defined in the Indenture); # any market activities of ​ and its affiliates with respect to Shares may affect the market price and volatility of Shares, as well as the “Daily VWAP” (as defined in the Indenture), each in a manner that may be adverse to ​; and # the Transaction is a derivatives transaction in which it has granted ​ an option, and ​ may purchase shares for its own account at an average price that may be greater than, or less than, the price paid by ​ under the terms of the Transaction.

Other Covenants. Failure by any Borrower or any Guarantor to comply with any other covenants or agreements relating to any Borrower or any Guarantor as contained in this Agreement, any Guaranty, or any other agreement executed in connection herewith or therewith (including any Collection Account Agreement but excluding in respect of any Bank Products) for more than 30 days (to the extent such failure can be cured and such Borrower or Guarantor, as applicable, is actively pursuing such cure in good faith but otherwise immediately) after such failure shall first become known to any Borrower or to any Guarantor, or failure by any Borrower to comply with any covenant or agreement relating to such Borrower as contained in any agreement with respect to Bank Products beyond the applicable grace or cure period, if any, applicable thereto;

Other Covenants. Tenant fails to perform or breaches any agreement or covenant of this Lease to be performed or observed by Tenant (except for those described in [clauses [(1) through (4) above]]) as and when performance or observance is due and such failure or breach continues for more than thirty (30) days after Landlord gives written notice thereof to Tenant; provided, however, that if, by the nature of such agreement or covenant, such failure or breach cannot reasonably be cured within such period of thirty (30) days, an Event of Default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within twenty (20) days after Landlord gives written notice thereof to Tenant and, having so commenced, thereafter prosecutes such cure with diligence and dispatch to completion as soon as may be reasonably practicable thereafter.

In the event of termination or expiration of any agreement entered into by and between Party A and Party B, Party A shall have the right to decide whether or not to terminate all agreements between Party A and Party B, including but not limited to the Exclusive Technology Consulting and Service Agreement.

Other Covenants. ​ or any of ​ shall default in the observance or performance of any covenant or agreement # contained in [Sections 6.03, 6.05, 6.08, 6.09 or 6.14]4]4]4]4] and such default shall continue unremedied for a period of 10 days or # contained in this Agreement or in any other Loan Document not referred to in preceding [clause (i)] or ​ and such default shall continue unremedied for a period of 30 days after the earlier of written notice thereof to ​ or knowledge of a Responsible Officer of ​; or

Acknowledgements Regarding