SECTION # Promise to Pay; Evidence of Debt.

“Promissory Notes” has the meaning set forth in [Section 5.1] hereof.

“Term Loan Notes” means the promissory notes of the Borrower substantially in the form of [Exhibit D] hereto evidencing the Term Loans.

the Corporation does not have outstanding, any bonds, debentures, mortgages, promissory notes or other evidence of indebtedness and the Corporation is not bound under any agreement to create or issue any bonds, debentures, mortgages, promissory notes or other indebtedness, except as disclosed in the Corporation's Financial Statements;

“Revolving Note” or “Revolving Notes” means the promissory notes of the Borrowers in favor of each of the Revolving Loan Lenders evidencing the Revolving Loans provided pursuant to Section 2.1, individually or collectively, as appropriate, as such promissory notes may be amended, modified, supplemented, extended, renewed or replaced from time to time and in the form of [Exhibit 2.1](h).

“Senior Secured Convertible Notes” means those certain Senior Secured Convertible Promissory Notes due 2025 to be issued by the Company from time to time pursuant to the Securities Purchase Agreement dated January 11, 2020 by and among the Company, the Investors (as defined therein) and Petrichor Opportunities Fund I LP, as collateral agent (the “Notes Collateral Agent”), as such Senior Secured Convertible Promissory Notes may be amended and in effect from time to time.

“Commercial Paper Notes” means any short-term promissory notes issued by or on behalf of a Conduit Lender with respect to financing any Loan hereunder.

Ratification of the Subject Debt. The Subject Debt, as embodied in the promissory notes described in Exhibit A, shall be and remains in full force and effect in accordance with the respective terms of such promissory notes, and is hereby ratified and confirmed in all respects. Borrower acknowledges that it is unconditionally obligated to pay the remaining balance of the Subject Debt and represents that such obligation is not subject to any defenses, rights of offset or counterclaims. No forbearance or waiver other than as expressly set forth herein may be implied by this Agreement. Except as expressly set forth herein, the execution, delivery and performance of this Agreement shall not operate as a waiver of, or as an amendment to, any right, power or remedy of Lender under the promissory notes comprising the Subject Debt, as in effect prior to the date hereof.

No Promise of Employment. Nothing in this Agreement is or will be construed as an agreement or understanding, express or implied, that the Company or any of its affiliates will employ you in any particular position, for any particular period of time or at any particular compensation or benefit rate.

“[[Organization B:Organization]] Notes” means promissory notes of the Borrowers, substantially in the form of [Exhibit 11.3](e)-2 hereto, evidencing the obligation of the Borrowers to repay Competitive Bid Loans made by [[Organization B:Organization]] Banks, as the same may be amended, supplemented, modified or restated from time to time, and “[[Organization B:Organization]] Note” means any one of such promissory notes issued under [Section 11.3(e)] hereof.