Confirmation. Except, as and to the extent modified by this Amendment, all provisions of the Lease shall remain in full force and effect. In the event of a conflict between the terms of the Lease and the terms of this Amendment, the terms in this Amendment shall control.

Confirmation of Exchanged Indebtedness. An authorized officer of the Issuer shall have executed a confirmation at such Closing (each, a “Confirmation”) in writing of # the amount of the Exchanged Indebtedness and, if less than the Indebtedness, the amount of the Remaining Indebtedness, # the Relevant Share Price to be used, # the number of Shares to be issued to Chart E&C and # the Relevant Cash Amount or Additional Relevant Cash Amount, as the case may be, to be paid to Chart E&C, at such Closing.

Confirmation. Except as modified by this Second Amendment, the terms of the Loan Agreement are hereby ratified and confirmed and shall remain in full force and effect, without waiver or modification.

Confirmation. Each Loan Party acknowledges its receipt of a copy of this Amendment and its review of the terms and conditions hereof and consents to the terms and conditions of this Amendment and the transactions contemplated thereby, including the extension of credit in the form of the Amendment No. 2 Incremental Term Loans and Amendment No. 2 Incremental Revolving Commitments. Each Loan Party hereby # affirms and confirms its obligations under the Existing Credit Agreement and Loan Documents to which it is a party, # agrees that # each Loan Document to which it is a party shall continue to be in full force and effect and # all guarantees, pledges, liens, grants and other undertakings thereunder shall continue to be in full force and effect and shall accrue to the benefit of the Secured Parties, including the Amendment No. 2 Incremental Lenders, # acknowledges that from and after the date hereof, the Amendment No. 2 Incremental Term Loans and any outstanding Revolving Loans and other amounts related to the Amendment No. 2 Incremental Revolving Commitments shall be deemed to be Obligations, and # agrees that the Existing Credit Agreement as modified hereby is the “Credit Agreement” under and for all purposes of the Loan Documents.

Confirmation. Except as expressly waived herein, all of the terms and provisions of the Purchase Agreement and, for the avoidance of doubt, the Holder Note, are unchanged and continue in full force and effect.

Confirmation. Each Co-Borrower hereby acknowledges and agrees that: # the Loan Agreement sets forth the legal, valid, binding and continuing obligations of such Co-Borrower to Lenders, # the Obligations to Lenders under the Loan Agreement are secured by validly perfected security interests in all assets of such Co-Borrower, the effectiveness and validity of which are hereby confirmed and # no Co-Borrower has any cause of action, claim, defense or set-off against any Lender or any of their respective affiliates and subsidiaries, officers, directors, employees, shareholders, agents and representatives (“Related Parties”) in any way regarding or relating to the Loan Agreement or such Lender’s or their respective Related Parties’ actions thereunder and to the extent any such cause of action, claim, defense or set-off ever existed, whether foreseen or unforeseen, it is waived and such Lender and their respective Related Parties are released from any such causes of action, claims, defenses or rights of set-off of each Co-Borrower.

Confirmation of Indebtedness. The Principal and Guaranteed Interest as of the date of this Agreement was equal to the Settlement Amount (the "Indebtedness"), which bears interest from and after the Maturity Date at the rate of twenty percent (20%) per annum until the Company repays the Principal and Guaranteed Interest in full.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on October 2, 2020, Borrowers were indebted to Agent and Lenders for the Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $0 due on account of Revolving Advances, $7,532,879.84 due on account of the Term Loan and $0 due on account of the Equipment Loans, plus all fees, costs and expenses incurred to date in connection with the Loan Agreement and the Other Documents.

Confirmation. The provisions of the Credit Agreement, as amended by this Amendment, shall remain in full force and effect following the effectiveness of this Amendment.

Confirmation. The provisions of the Credit Agreement, as amended by this Amendment, remain in full force and effect following the effectiveness of this Amendment. Neither the execution by the Administrative Agent or the Lenders of this Amendment, nor any other act or omission by the Administrative Agent or the Lenders or their respective officers in connection herewith, shall be deemed a waiver by the Administrative Agent or the Lenders of any defaults which may exist or which may occur in the future under the Credit Agreement and/or the other Loan Documents, or any future defaults of the same provisions waived or amended hereunder (collectively “Violations”). Similarly, nothing contained in this letter shall directly or indirectly in any way whatsoever either: # impair, prejudice or otherwise adversely affect the Administrative Agent’s or any of the Lenders’ right at any time to exercise any right, privilege or remedy in connection with the Loan Documents with respect to any Violations, # amend or alter any provision of the Credit Agreement, the other Loan Documents, or any other contract or instrument, except as expressly set forth herein, or # constitute any course of dealing or other basis for altering any obligation of the Borrower or any right, privilege or remedy of the Administrative Agent or the Lenders under the Credit Agreement, the other Loan Documents, or any other contract or instrument. Nothing in this letter shall be construed to be a waiver by the Administrative Agent or the Lenders of any Violations.