Investor Representations. This Note has been issued subject to certain investment representations of the original Holder set forth in the Purchase Agreement and may be transferred or exchanged only in compliance with the Purchase Agreement and applicable federal and state securities laws and regulations.

Investment Representations. This Debenture has been issued subject to certain investment representations of the original ​ set forth in the Purchase Agreement and may be transferred or exchanged only in compliance with the Purchase Agreement and applicable federal and state securities laws and regulations.

UBI and NOVA desire to make certain representations, warranties, covenants and agreements in connection with the Acquisition and also to prescribe various conditions to the Acquisition.

Pursuant to the terms of the Acquisition Agreement Documents, the Seller and Insight Mobile have made certain representations, warranties, covenants and agreements (collectively, the “Acquisition Agreement Document Undertakings”) with and/or to Assignor, and the Seller and Insight Mobile have agreed to indemnify Assignor in certain respects (collectively, the “Acquisition Agreement Document Indemnities”).

Notwithstanding anything contained herein to the contrary, Seller makes none of the representations or warranties contained in this Section 3.11 with respect to # that certain Pipeline Easement and Right of Way, recorded in Volume 1510, page 52, # that certain Pipeline Easement and Right of Way, recorded in Volume 1510, page 61, and # that certain Pipeline Easement and Right of Way, recorded in Volume 1510, Page 66 (collectively, the “Excluded Easements”).

No Defaulting Lender shall be entitled to receive any commitment fee under Section 2.11(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).

Certain Pledges. Any Lender may at any time pledge or assign a security interest in all or any portion of its rights under this Agreement to secure obligations of such Lender, including any such pledge or assignment to a Federal Reserve Bank or any central bank having jurisdiction over such Lender, and this Section shall not apply to any such pledge or assignment of a security interest; provided that no such pledge or assignment of a security interest shall release a Lender from any of its obligations hereunder or substitute any such assignee for such Lender as a party hereto.

Certain Definitions. Unless the context otherwise indicates, the following words used herein shall have the following meanings whenever used in this instrument:

Certain Rights. The ROFR shall have terminated, expired, or been waived, or otherwise is no longer be in effect.

No Defaulting Lender shall be entitled to receive any Unused Facility Fee for any period during which that Lender is a Defaulting Lender (and the Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).