Closing Date Acquisition. The Administrative Agent shall have received each of the following:

Closing Date Acquisition. As of the Closing Date, [[Fuse:Organization]] has delivered to the Lender a complete and correct copy of the Closing Date Acquisition Agreement (including all schedules, exhibits, amendments, supplements, modifications, assignments and all other material documents delivered pursuant thereto or in connection therewith). No Borrower is in default in the performance or compliance with any provisions thereof. The Closing Date Acquisition Agreement complies in all material respects with, and the Specified Acquisition has been consummated in all material respects in accordance with, all applicable law. The Closing Date

Closing Date Acquisition. The Closing Date Acquisition Agreement shall not have been altered, amended or otherwise changed or supplemented or any provision waived or consented to in a manner that is materially adverse to the Lenders or the Arrangers (in their capacities as such) without the prior written consent of the Arrangers; it being understood and agreed that # any decrease in the purchase price of less than 10% shall not be materially adverse to the interests of the Lenders or the Arrangers so long as such decrease is allocated to reduce the principal amount of the Facilities on a dollar-for-dollar basis, # any increase in the purchase price of less than 10% shall not be materially adverse to the interests of the Lenders or the Arrangers, # any increase in the purchase price of 10% or more (but in no event more than 20%) shall not be materially adverse to the interests of the Lenders or the Arrangers so long as such increase is funded by the issuance of common stock in the Borrower or other equity securities of the Borrower (provided the terms of such other equity securities are reasonably satisfactory to the Arrangers), # any decrease in the purchase price of 10% or more shall be materially adverse to the interests of the Lenders or the Arrangers regardless of how such decrease is applied, and # any amendment, modification, waiver or consent that results in a change to the definition of the term “Company Material Adverse Effect” (as defined in the Closing Date Acquisition Agreement) shall be materially adverse to the interests of the Lenders or Arrangers. The Closing Date Acquisition shall have been, or concurrently with the funding of the Loans on the Closing Date shall be, consummated in accordance with the terms of the Closing Date Acquisition Agreement, as such terms may be altered, amended or otherwise changed, supplemented, waived or consented to in accordance with the immediately preceding sentence.

has the meaning given to such term in [Section 5.4(a)] of the Plan.

Closing Date Acquisition. The Administrative Agent shall have received each of the following:

Closing Date. The closing of the transactions contemplated by this Agreement (the “Closing”) shall be accomplished through the escrow referred to in [Section 10(b)] below and shall take place on the date which is the earlier to occur of # thirty-five (35) days after the expiration of the Due Diligence Period or # thirty-five (35) days after Purchaser provides written notice of its election to proceed to Closing (the “Closing Date”).

Closing Date. The closing of the transaction contemplated by this Agreement will take place on March 10, 2023 (the “Closing Date”) and the closing (the “Closing”) will be held remotely via the exchange of documents and signatures or at such other time and place as shall be agreed upon by the Company and the Purchasers hereunder of a majority in interest of the aggregate Shares and Warrant Shares issuable upon exercise of the Pre-Funded Warrants to be purchased at the Closing.

ARTICLE # COMMITMENTS AND CREDIT EXTENSIONS

Closing Date. The Closing Date shall be and hereby is amended to occur on June 10, 2022. For the avoidance of doubt, Purchaser does not have any further rights to extend the Closing Date.

Acquisition Closing Date Certificate. The Successor Administrative Agent shall have received a certificate signed by a Responsible Officer of the Company certifying that the conditions specified in this [Section 6(d)] and [Section 6(e)] have been satisfied.