Company Covenants. The Company covenants that # prior to the cancellation of this Note or # upon the occurrence of an Event of Default, it will not # effect or allow to be effected any recapitalization (including without limitation any stock split or reverse stock split) of the common stock of the Company, # enter into any transaction with affiliates other than wholly owned subsidiaries, or # take or omit to take any other action that would materially and adversely affect the Company or its business, in each case without the prior consent of the Holder.

Company’s Covenants. The Company must, to the extent permitted by law:

Covenants of the Company. The Company covenants that, while this Warrant is exercisable # it will reserve from its authorized and issued shares of the Common Stock a sufficient number of shares of the Common Stock to provide for the delivery of the shares of the Common Stock pursuant to the exercise of this Warrant, and # that all shares of the Common Stock which may be issued upon the exercise of this Warrant will be fully paid and non-assessable.

Covenants of the Company. The Company covenants and agrees with the Agent that:

Covenants of the Company. The Company further covenants and agrees with each Underwriter as follows:

Covenants of the Company. The Company covenants and agrees with Cowen that:

Covenants. If any Loan Party or any of its Restricted Subsidiaries:

Covenants. The benefits provided for under this Agreement are subject to the following:

Covenants. Each of the covenants, agreements and obligations of the Permal Contributor or the Company contained in this Agreement and required to be performed or complied with by the Permal Contributor, any Permal Entity or the Company, as applicable, on or before the Closing shall have been performed or complied with in all material respects (provided that with respect to covenants, agreements and obligations that are qualified by materiality, the Permal Contributor and the Company shall have performed or complied with such covenants, agreements and obligations as so qualified, in all respects).

Covenants. The Company shall have performed, satisfied and complied in all respects with the covenants, agreements and conditions required to be performed, satisfied or complied with by the Company at or prior to the Closing Date. The Investor shall have received a certificate, executed by the CEO, President or CFO of the Company, dated as of the Closing Date, to the foregoing effect in the form attached hereto as Exhibit B.