Appointment of Aegis as Agent; Limitations on Rights of Agent. Each ​-District Creditor and each 2024 Note Creditor hereby irrevocably appoints, designates and authorizes Aegis, as its Agent to # take (or determine not to take) any of the actions described in [Section 4(a)] on such Pari Passu Creditor’s behalf with respect to such Pari Passu Creditor’s share of the Pari Passu Debt and # to exercise such powers and perform such duties as are permitted by the terms of this Agreement, together with such powers as are reasonably incidental thereto, in each case subject to and in accordance with the provisions of this [Section 4]; provided, notwithstanding anything to the contrary set forth in this Agreement, that without the prior written consent of the affected Pari Passu Creditors, neither Agent nor any agent, employee or attorney-in-fact of Agent acting on behalf of Agent in executing any of the rights granted to Agent as Agent under this [Section 4] shall be permitted to # amend or modify any term or provision of any of the ​-District Note Documents or the 2024 Note Documents; # exercise any right under any provision of any A&R ​-District Note to convert the principal and/or accrued and unpaid interest under such A&R ​-District Note into shares of ​’s common stock; # release any liability or obligations of any Obligor owing to any Pari Passu Creditor under the Pari Passu Note Documents unless such release is effected in connection with an Enforcement Action brought by Agent in accordance with this [Section 4] pursuant to which all of the Pari Passu Debt is Paid in Full prior to such release; # subject to [Section 7], release any Lien or other security interest in the Collateral granted to the Pari Passu Creditors or any of them under the Pari Passu Note Documents or hereunder unless such release is effected in connection with an Enforcement Action brought by Agent in accordance with this [Section 4] pursuant to which all of the Pari Passu Debt is Paid in Full prior to such release; or # change the ranking or priority of the Pari Passu Debt; provided further, that # in taking (or determining not to take) any action described in [Section 4(a)] on behalf of Pari Passu Creditors with respect to their respective share of the Pari Passu Debt and # in exercising and/or performing any powers or duties in its capacity as Agent on behalf of the Pari Passu Creditors with respect to their share of the Pari Passu Debt under this [Section 4], Agent shall do so in good faith and otherwise in accordance with the terms of this Agreement.

Appointment of Aegis as Agent; Limitations on Rights of Agent. Each ​-District Creditor and each 2024 Note Creditor​ hereby irrevocably appoints, designates and authorizes Aegis, as its Agent to # take (or determine not to take) any of the actions described in [Section 4(a)] on such Pari Passu Creditor’​-District ​’s behalf with respect to such Pari Passu Creditor’​-District ​’s share of the Pari Passu Debt and # to exercise such powers and perform such duties as are permitted by the terms of this Agreement, together with such powers as are reasonably incidental thereto, in each case subject to and in accordance with the provisions of this [Section 4]; provided, notwithstanding anything to the contrary set forth in this Agreement, that without the prior written consent of the affected Pari Passu​-District Creditors, neither Agent nor any agent, employee or attorney-in-fact of Agent acting on behalf of Agent in executing any of the rights granted to Agent as Agent under this [Section 4] shall be permitted to # amend or modify any term or provision of any of the ​-District Note Documents or the 2024 Note Documents; # exercise any right under any provision of any A&R ​-District Note to convert the principal and/or accrued and unpaid interest under such A&R ​-District Note into shares of ​’s common stock; # release any liability or obligations of any Obligor owing to any Pari Passu Creditor​-District ​ under the Pari Passu​-District Note Documents unless such release is effected in connection with an Enforcement Action brought by Agent in accordance with this [Section 4] pursuant to which all of the Pari Passu​-District Debt is Paid in Full prior to such release; # subject to [Section 7], release any Lien or other security interest in the Collateral granted to the Pari Passu​-District Creditors or any of them under the Pari Passu​-District Note Documents or hereunder unless such release is effected in connection with an Enforcement Action brought by Agent in accordance with this [Section 4] pursuant to which all of the Pari Passu​-District Debt is Paid in Full prior to such release; or # change the ranking or priority of the Pari Passu​-District Debt; provided further, that # in taking (or determining not to take) any action described in [Section 4(a)] on behalf of Pari Passu​-District Creditors with respect to their respective share of the Pari Passu Debt and # in exercising and/or performing any powers or duties in its capacity as Agent on behalf of the Pari Passu​-District Creditors with respect to their share of the Pari Passu Debt under this [Section 4], Agent shall do so in good faith and otherwise in accordance with the terms of this Agreement.

Subject to [Section 4(b)] below, upon the occurrence and during the continuation of any Event of Default (and provided that # Aegis as Agent; Limitations on Rightsshall have determined that an Event of Agent. EachDefaults exists and provided written notice of such Event of Default to the ​-District CreditorCreditors and/or # the ​-District Creditors shall have determined that an Event of Default exists and each 2024 Note Creditor hereby irrevocably appoints, designates and authorizesprovided written notice of such Event of Default to Aegis), Aegis, in its capacity as its Agent hereunder, shall have the right, without the consent of any ​-District ​, to # take (or to determine not to take) any of the following actions described in [Section 4(a)] on such Pari Passu Creditor’s behalf of Aegis with respect to such Pari Passu Creditor’stheir share of the Pari Passu Debt and # to exercise such powers and perform such duties as are permitted by the terms of this Agreement, together with such powers as are reasonably incidental thereto, in each case subject to and in accordance with the provisions of this [Section 4]; provided, notwithstanding anything to the contrary set forth in this Agreement, that without the prior written consent of the affected Pari Passu Creditors, neither Agent nor any agent, employee or attorney-in-fact of Agent acting on behalf of Agent in executing any of the rights granted to Agent as Agent under this [Section 4] shall be permitted to # amend or modify any term or provision of any of the ​-District Note Documents or the 2024 Note Documents; # exercise any right under any provision of any A&R ​-District Note to convert the principal and/or accrued and unpaid interest under such A&R ​-District Note into shares of ​’s common stock; # release any liability or obligations of any Obligor owing to any Pari Passu Creditor under the Pari Passu Note Documents unless such release is effected in connection with an Enforcement Action brought by Agent in accordance with this [Section 4] pursuant to which all of the Pari Passu Debt is Paid in Full prior to such release; # subject to [Section 7], release any Lien or other security interest in the Collateral granted to the Pari Passu Creditors or any of them under the Pari Passu Note Documents or hereunder unless such release is effected in connection with an Enforcement Action brought by Agent in accordance with this [Section 4] pursuant to which all of the Pari Passu Debt is Paid in Full prior to such release; or # change the ranking or priority of the Pari Passu Debt; provided further, that # in taking (or determining not to take) any action described in [Section 4(a)] on behalf of Pari Passu Creditors with respect to their respective share of the Pari Passu Debt and # in exercising and/or performing any powers or duties in its capacity as Agent on behalf of the Pari Passu Creditors with respect to their share of the Pari Passu Debt under(provided, that any and all of the following actions taken or determined not to be taken by Agent with respect to any portion of Pari Passu Debt shall be taken by Agent with respect to all of the Pari Passu Debt, without regard to Aegis’ share thereof or the ​-District Creditors’ share thereof): # declare one or more Events of Default; # give notice to any Obligor of any Event of Default; # take Enforcement Actions against any of the Obligors and/or the Collateral (provided that the ​-District Creditors may join in any such Enforcement Actions upon the request of Agent); and # hire counsel of its choosing; provided, that, in the event that Agent takes any Enforcement Action against any Obligor and/or the Collateral pursuant to the [Section 4]Section 4(a)" data-ad-field-json='{"name":"foregoing clause (iii) of this [Section 4]Section 4(a)","canGuess":{"name":false,"type":true}}'>​ (or selects any agent or attorney-in -fact to take any such Enforcement Action on behalf of Aegis and the ​-District Creditors), Agent shall do so(or in good faiththe case Agent selects any agent or attorney-in-fact to take any such Enforcement Action on its behalf, Agent shall direct such agent or attorney-in-fact, as applicable, to) take Enforcement Actions under and otherwise in accordance with the terms of both the Aegis Note Documents and the ​-District Note Documents simultaneously and collect and apply any and all proceeds realized in any and all such Enforcement Actions in accordance with [Section 2(a)(ii)] of this Agreement.

Subject to [Section 4(b)] below, upon the occurrence and during the continuation of any Event of Default (and provided that # Aegis as Agent; Limitations on Rightsshall have determined that an Event of Agent. EachDefaults exists and provided written notice of such Event of Default to the Pari Passu Creditors and/or # the ​-District CreditorCreditors shall have determined that an Event of Default exists and each 2024 Note Creditor hereby irrevocably appoints, designates and authorizesprovided written notice of such Event of Default to Aegis), Aegis, in its capacity as its Agent hereunder, shall have the right, without the consent of any Pari Passu Creditor, to # take (or to determine not to take) any of the following actions described in [Section 4(a)] on such Pari Passu Creditor’s behalf of Aegis with respect to such Pari Passu Creditor’stheir share of the Pari Passu Debt and # to exercise such powers and perform such duties as are permitted by the terms of this Agreement, together with such powers as are reasonably incidental thereto, in each case subject to and in accordance with the provisions of this [Section 4]; provided, notwithstanding anything to the contrary set forth in this Agreement, that without the prior written consent of the affected Pari Passu Creditors, neither Agent nor any agent, employee or attorney-in-fact of Agent acting on behalf of Agent in executing any of the rights granted to Agent as Agent under this [Section 4] shall be permitted to # amend or modify any term or provision of any of the ​-District Note Documents or the 2024 Note Documents; # exercise any right under any provision of any A&R ​-District Note to convert the principal and/or accrued and unpaid interest under such A&R ​-District Note into shares of ​’s common stock; # release any liability or obligations of any Obligor owing to any Pari Passu Creditor under the Pari Passu Note Documents unless such release is effected in connection with an Enforcement Action brought by Agent in accordance with this [Section 4] pursuant to which all of the Pari Passu Debt is Paid in Full prior to such release; # subject to [Section 7], release any Lien or other security interest in the Collateral granted to the Pari Passu Creditors or any of them under the Pari Passu Note Documents or hereunder unless such release is effected in connection with an Enforcement Action brought by Agent in accordance with this [Section 4] pursuant to which all of the Pari Passu Debt is Paid in Full prior to such release; or # change the ranking or priority of the Pari Passu Debt; provided further, that # in taking (or determining not to take) any action described in [Section 4(a)] on behalf of Pari Passu Creditors with respect to their respective share of the Pari Passu Debt and # in exercising and/or performing any powers or duties in its capacity as Agent on behalf of the Pari Passu Creditors with respect to their share of the Pari Passu Debt under(provided, that any and all of the following actions taken or determined not to be taken by Agent with respect to any portion of Pari Passu Debt shall be taken by Agent with respect to all of the Pari Passu Debt, without regard to Aegis’ share thereof or the Pari Passu Creditors’ share thereof): # declare one or more Events of Default; # give notice to any Obligor of any Event of Default; # take Enforcement Actions against any of the Obligors and/or the Collateral (provided that the Pari Passu Creditors may join in any such Enforcement Actions upon the request of Agent); and # hire counsel of its choosing; provided, that, in the event that Agent takes any Enforcement Action against any Obligor and/or the Collateral pursuant to the [Section 4]Section 4(a)" data-ad-field-json='{"name":"foregoing clause (iii) of this [Section 4]Section 4(a)","canGuess":{"name":false,"type":true}}'>​ (or selects any agent or attorney-in -fact to take any such Enforcement Action on behalf of the Pari Passu Creditors), Agent shall do so(or in good faiththe case Agent selects any agent or attorney-in-fact to take any such Enforcement Action on its behalf, Agent shall direct such agent or attorney-in-fact, as applicable, to) take Enforcement Actions under and otherwise in accordance with the terms of both the Aegis Note Documents, the ​-District Note Documents and the 2024 Note Documents simultaneously and collect and apply any and all proceeds realized in any and all such Enforcement Actions in accordance with [Section 2(a)(ii)] of this Agreement.