The Company is current with all of its Exchange Act filings;

“SEC Reports” means the Company’s filings made with the SEC.

SEC Filings. The parties agree that the following filings shall be made with the Securities and Exchange Commission (“Commission”): # an Information Statement prepared pursuant to the requirements of Rule 14f-1 under the Exchange Act, if required by law, shall be filed with the Commission; # a report on Form 8-K will be filed with the Commission disclosing the consummation of the Share Exchange if required by law; and, # any and all other filings necessary to comply with the Exchange Act.

The Company has obtained and will continue to obtain all applicable governmental, regulatory, stock exchange and contractual approvals to complete the transactions contemplated by the Settlement, including without limitation, any required filings with the SEC and any other regulatory filings or approvals required for the Settlement.

Liens arising from UCC (or equivalent statute) financing statement filings regarding operating leases or consignments entered into by Holdings and the Restricted Subsidiaries in the ordinary course of business or purported Liens evidenced by the filing of precautionary UCC (or equivalent statute) financing statements or similar public filings;

Uniform Commercial Code Financing Statements and Assignments of Contracts. All filings of Code financing statements, assignments of the Contracts and all other filings, recordings and action necessary to perfect Agent’s Liens granted under this Agreement shall have been filed or recorded and confirmation thereof shall have been received by Agent.

“Filings” shall have the meaning set forth in [Article 6(c)] of this Agreement.

Section # SEC Filings. In connection with the transactions contemplated hereby, the Seller hereby agrees:

the filing of Uniform Commercial Code financing statements and equivalent filings in foreign jurisdictions;

An investment in the ​ Preferred Stock in connection with the Exchange involves a high degree of risk. Such risks include, but are not limited to, the risks associated with the business of the Issuer, as more particularly set forth in the Issuer’s Annual Report on Form 10-K, Quarterly Reports on Form 10-Q, and other filings (“Issuer SEC Filings”) with theU.S. Securities and Exchange Commission (the “SEC”), which Issuer SEC Filings are available for inspection by each Noteholder at:https://www.sec.gov/cgi-bin/browse-edgar?company=​+group&owner=exclude&action=getcompany