ERISA Letter. A letter to ​ in the form of [Exhibit D] attached hereto duly executed by ​, confirming that ​ is not acquiring the Property with the assets of an employee benefit plan as defined in Section 3(3) of the Employee Retirement Income Security Act of 1974 (“ERISA”) and, in the event ​ is unable or unwilling to make such a representation, ​ shall be deemed to be in default hereunder, and ​ shall have the right to terminate this Agreement and to receive and retain the Earnest Money;

Comfort Letter. On or prior to the date of delivery of the first Placement Notice and within three (3) Trading Days of each Representation Date with respect to which the Company is obligated to deliver a certificate in the form attached hereto as [Exhibit 8](l) for which no waiver is applicable, the Company shall cause its independent accountants to furnish Cowen letters (the “Comfort Letters”), dated the date the Comfort Letter is delivered, in form and substance satisfactory to Cowen, # confirming that they are an independent registered public accounting firm within the meaning of the Securities Act and the PCAOB, # stating, as of such date, the conclusions and findings of such firm with respect to the financial information and other matters ordinarily covered by accountants’ “comfort letters” to Cowen in connection with registered public offerings (the first such letter, the “Initial Comfort Letter”) and # updating the Initial Comfort Letter with any information that would have been included in the Initial Comfort Letter had it been given on such date and modified as necessary to relate to the Registration Statement and the Prospectus, as amended and supplemented to the date of such letter.

Comfort Letter. Cowen shall have received the Comfort Letter required to be delivered pursuant to Section 8(n) on or before the date on which such delivery of such Comfort Letter is required pursuant to Section 8(n).

“Fee Letters” means the Administrative Agent’s Fee Letter and the Joint Lead Arranger Fee

“Fee Letter” means, whether one or more, any fee letter among the ​, the ​, the [[Administrative Agent:Organization]] and any Arranger.

“Amendment No. 1 Fee Letter” means that certain fee letter dated as of August 1, 2017 among the Borrower and BTMU.

“Agent Fee Letter” means that certain Agency Fee Letter, dated as of February 4, 2016, between the Administrative Agent and the Borrower.

The Borrower shall pay to the Bank, with respect to each Letter of Credit, a letter of credit fee (the “Letter of Credit Fee”) determined by the Bank in its sole and absolute discretion in an amount not less than $350.00 and not greater than one percent (1.0%) of the face amount of the Letter of Credit. Such Letter of Credit Fee shall be payable at the time each Letter of Credit is issued or renewed by the Bank.

“Roll-Up Notes Agent Fee Letter” means that certain fee letter dated as of January 19, 2018 by and between the Roll-Up Notes Agent and Company.

"Fee Letter" means that certain fee letter, dated as of even date with the Agreement, between Borrower and Agent, in form and substance reasonably satisfactory to Agent.