Additional Investors. Notwithstanding anything to the contrary contained herein, if the Company issues additional shares of the Company’s Series A Preferred Stock after the date hereof, any purchaser of such shares of Series A Preferred Stock may become a party to this Agreement by executing and delivering an additional counterpart signature page to this Agreement and thereafter shall be deemed an “Investor” for all purposes hereunder.

Foreign Investors. If the Purchaser is not a United States person (as defined by Section 7701(a)(30) of the U.S. Internal Revenue Code of 1986, as amended), the Purchaser hereby represents that it has satisfied itself as to the full observance of the laws of its jurisdiction in connection with any invitation to subscribe for the Forward Purchase Securities or any use of this Agreement, including # the legal requirements within its jurisdiction for the purchase of the Forward Purchase Securities, # any foreign exchange restrictions applicable to such purchase, # any governmental or other consents that may need to be obtained, and # the income tax and other tax consequences, if any, that may be relevant to the purchase, holding, redemption, sale, or transfer of the Forward Purchase Securities. The Purchaser’s subscription and payment for and continued beneficial ownership of the Forward Purchase Securities will not violate any applicable securities or other laws of the Purchaser’s jurisdiction.

Foreign Investors. Holder hereby represents that it has satisfied itself as to the full observance of the laws of its jurisdiction in connection with entering into this Warrant, including # the legal requirements within its jurisdiction for entering into this Warrant and the exercise of this Warrant, # any foreign exchange restrictions applicable to the exercise of this Warrant, # any governmental or other consents that may need to be obtained, including with respect to the payment of the Exercise Price at the applicable Closing, and # the income tax and other tax consequences, if any, that may be relevant to the purchase, holding, redemption, sale or transfer of this Warrant or the shares of Series B Preferred Stock issuable upon exercise hereof. The Holder’s acquisition of this Warrant and payment for the Series B Preferred Stock upon exercise of this Warrant and continued beneficial ownership of such shares will not violate any applicable securities or other laws of the Holder’s jurisdiction.

Investors’ Deliveries. In addition to any materials required to satisfy conditions to Closing set forth in Section 5.3, at each Closing each Investor will deliver or cause to be delivered to the Company the Purchase Price for the Securities to be purchased by such Investor as set forth opposite such Investor’s name on [Schedule I] by wire transfer of immediately available funds to the Company’s bank account pursuant to the wire instructions attached at Exhibit B, or such other means as Investor and Company agree.

Indemnification of Investors. Subject to the provisions of this Section 9(a), the Company will indemnify and hold each Investor and its directors, officers, shareholders, members, partners, employees and agents (and any other Persons (as defined below) with a functionally equivalent role of a Person holding such titles notwithstanding a lack of such title or any other title), each Person who controls such Investor (within the meaning of Section 15 of the Securities Act and Section 20 of the Exchange Act), and the directors, officers, shareholders, agents, members, partners or employees (and any other Persons with a functionally equivalent role of a Person holding such titles notwithstanding a lack of such title or any other title) of such controlling persons (each, an “Investor Party”) harmless from any and all losses, liabilities, obligations, claims, contingencies, damages, costs and expenses, including all judgments, amounts paid in settlements, court costs and

Person B Investors. On December 4, 2018, or such later date as agreed to by the Administrative Agent in its sole discretion, the Initial Borrower shall provide an updated Borrowing Base Certificate certified by a Responsible Officer of the Initial Borrower to be true and correct in all material respects (provided that in no event shall such Borrowing Base Certificate be deemed not to be true and correct in all material respects as a result of the failure of such certificate to reflect any Transfer of an Investor’s Subscribed Interest not yet reported, as permitted by Section 9.5) including all Person B Investors that closed into the Initial Borrower on November 16, 2018 and setting forth a calculation of the Available Commitment.

Status of the Investors. Such Investor has not been formed for the specific purpose of acquiring the Series G Shares pursuant to this Agreement. Such Investor understands the term “accredited investor” as used in Regulation D promulgated under the Securities Act and represents and warrants to the Corporation that such Investor is an “accredited investor” for purposes of acquiring the Series G Shares purchasable by it hereunder.

Equal Treatment of Investors. No consideration, including any modification of this Agreement, shall be offered or paid to any Person to amend or consent to a waiver or modification of any provision of this Agreement unless the same consideration is offered to all parties to this Agreement. For clarification purposes, this provision constitutes a separate right granted to each Investor by the Company and negotiated separately by each Investor, and is intended for the Company to treat the Investors as a class and shall not in any way be construed as the Investors acting in concert or as a group with respect to the purchase, disposition or voting of Shares or otherwise.

Equal Treatment of Investors. No consideration (including any modification of this Agreement) shall be offered or paid to any person to amend or consent to a waiver or modification of any provision of this Agreement unless the same consideration is also offered to all of the parties to the Agreement. For clarification purposes, this provision constitutes a separate right granted to each Investor by the Company and negotiated separately by each Investor, and is intended for the Company to treat the Investors as a class and shall not in any way be construed as the Investors acting in concert or as a group with respect to the purchase, disposition or voting of the Shares or otherwise.

Voting of Investors’ Shares. In connection with the 2018 Annual Meeting (and any adjournments or postponements thereof), so long as the New Director has been appointed to the Board and nominated by the Company for the 2018 Annual Meeting in accordance with paragraph 1 above, the Investors will cause to be present for quorum purposes and vote or cause to be voted all Company common stock beneficially owned by them and which they have the right to vote on the record date for the 2018 Annual Meeting in favor of # the election of each of the Board’s nominees and # the appointment of the Board’s recommended independent auditor for fiscal year 2018. The Investors agree that they will not, directly or indirectly, sell, offer or agree to sell the voting rights for, or enter into a voting trust or other arrangement with respect to, any shares of Company common stock owned by them unless the counterparty in such transaction also agrees to the voting obligations set forth in this paragraph 4.