Additional Warrants. The Company and the ​ hereby consent and agree that # notwithstanding anything to the contrary in [Section 2(a)(ii)] of the Note, Additional Warrants in the full amount of the Remaining Warrant Amount shall be required to be issued by the Sponsor to a designee of the ​ (and any deliverables set forth in [Section 2(a)(ii)(C)] of the Note required in connection with the Additional Warrant Issuance shall be delivered) in connection with making the Subject Loan and # after giving effect to the advance of the Subject Loan, $20,000,000 of the Final $40 Million Committed Amount remains available for future advances of Additional Loans during the Availability Period subject to all terms and conditions set forth in the Note, including the conditions set forth in [Section 2(a)(ii)(A)(2)] of the Note, except that upon the completion of the Additional Warrant Issuance for the entire Remaining Warrant Amount in accordance with the conditions to effectiveness of this Waiver Agreement, the condition to issue Additional Warrants under [Section 2(a)(ii)(C)] shall no longer apply.

The Sponsor shall have made the Additional Warrant Issuance required in connection with the Final $40 Million Committed Amount providing for Additional Warrants for the full Remaining Warrant Amount (and any deliverables set forth in [Section 2(a)(ii)(C)] of the Note required in connection with the Additional Warrant Issuance shall be delivered), and all conditions precedent set forth in [Part III of Annex E] of the Note shall have been satisfied, in each case as certified in a certificate of a responsible officer of the Sponsor in accordance with [Part II of Annex E].