The Company shall, as soon as practicable after the execution of the Transaction Support Agreements (but in no event later than the fifth business day after the date of filing of the Company’s Annual Report on Form 10-K for the year ended December 31, 2015), commence the Registered Convertible Note Exchange Offer (pursuant to Rule 162 under the Securities Act) and file with the SEC # a registration statement under the Securities Act to register the Registered Convertible Note Exchange Offer (the “Convertible Note Exchange Registration Statement”) and # all other filings required under the Exchange Act with respect to the Registered Convertible Note Exchange Offer (including, without limitation, a Statement on [Schedule TO]) (the “Other Filings”). The Company shall use all commercially reasonable efforts # to have the Convertible Note Exchange Registration Statement declared effective by the SEC and # to cooperate with the SEC to complete its review or comment process with respect to the Other Filings, in each case, as soon as practicable.

file with the SEC, not later than the fifth business day following the date the Company files its 2015 10-K, the # Registration Statement on the appropriate form, and use its commercially reasonable efforts to have it declared effective by the SEC as soon as practicable thereafter, # Convertible Note Exchange Registration Statement on the appropriate form, and use its commercially reasonable efforts to have it declared effective by the SEC as soon as practicable thereafter, # New Converts Registration Statement on the appropriate form, and use its commercially reasonable efforts to have it declared effective by the SEC at or prior to the Convertible Note Exchange Settlement Date, and # Other Filings, and use its commercially reasonable efforts to cooperate with the SEC to complete its review or comment process with respect to the Other Filings as soon as practicable;

not later than the fifth business day following the date the Company files with the SEC its 2015 10-K, commence the Registered Convertible Note Exchange Offer in compliance with Rule 13e-4 under the Exchange Act;