Compliance with Transaction Documents. The Company shall comply with, observe and timely perform each and every one of the covenants, agreements and obligations of the Company under the Transaction Documents.

Transaction Documents. This Agreement, the Paying Agency Agreement, and the Global Note (collectively, the “Transaction Documents”), each duly authorized and executed by the Company.

Transaction Documents. Any Transaction Document or any material term thereof shall cease to be, or be asserted by Borrower or a Guarantor not to be, a legal, valid and binding obligation of Borrower or such Guarantor enforceable in accordance with its terms or if, after Agent has properly filed financing statements and obtained control agreements, the Liens of Agent in the Collateral shall cease to be or shall not be valid, perfected Liens subject only to Permitted Liens or any other party to any subordination or intercreditor agreements entered into by ​ or Borrower shall assert that such Liens are not valid, perfected Liens or shall assert that the terms of subordination are not valid; or

Transaction Documents. This Agreement is a Transaction Document. In addition, all references in the Transaction Documents to the Purchase Agreement shall be deemed to mean the Debentures as amended by this Agreement. This Agreement, together with the Transaction Documents, are the entire agreement among the parties with respect to the subject matter hereof.

Transaction Documents. ​ shall have entered into each of the other Transaction Documents to which it is a party.

Transaction Documents. The Purchaser shall have executed and delivered to the Parent and the Company the A&R LPA (as a new limited partner thereunder), the Warrant Agreement, the Registration Rights Agreement, and the Board Observer Agreement.

Transaction Documents. The Parent and the Company shall have executed and delivered to the Purchaser each of the Certificate of Designations, the Warrant Agreement, the Registration Rights Agreement, and the Board Observer Agreement, and such agreements shall each be in full force and effect.

Transaction Documents. The Transaction Documents shall remain in full force and effect as of such Additional Closing Date, shall not have been amended, supplemented or otherwise modified without the consent of the Purchaser, and the Company shall not have breached, violated or otherwise defaulted under any Transaction Document.

The definitive documents and agreements governing the Transactions shall include:

Amendment to the Transaction Documents. Effective as of May 19, 2023, the parties amend the Transaction Documents as follows: