The Previous Promissory Note shall hereby be canceled and revoked and GEMYB hereby waives any and all of its rights under and in connection with the Previous Promissory Note.

Promissory Note. To the extent that a Stock Option Award Agreement or Restricted Share Award Agreement so provides, payment may be made all or in part by delivering (on a form prescribed by the Company) a full-recourse promissory note.

Promissory Note. The Companies shall execute a promissory note in the form consistent with such recently issued notes.

Secured Promissory Note Definitions. All other capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Secured Promissory Note.

Lost or Stolen Promissory Note. If this Note is lost, stolen, mutilated or otherwise destroyed, the Maker shall execute and deliver to the ​ a new promissory note containing the same terms, and in the same form, as this Note. In such event, the Maker may require the ​ to deliver to the Maker an affidavit of lost instrument and customary indemnity in respect thereof as a condition to the delivery of any such new promissory note.

Loan Agreement, Promissory Note, and JDA. Lender and Borrower have previously entered into the Term Loan Agreement dated ​ (the “Loan Agreement”), and the related Promissory Note dated ​ (the “Promissory Note”). The Parties and certain affiliates also previously entered into the Joint Development Agreement dated ​ (the “JDA”). Capitalized terms are used in this Agreement as defined in the Loan Agreement or the JDA unless otherwise noted.

“Note” means a promissory note made by the Borrowers in favor of a Lender evidencing Revolving Credit Loans or Swing Line Loans, as the case may be, made by such Lender, substantially in the form of [Exhibit B-11]1]], with respect to promissory notes evidencing Revolving Credit Loans or [Exhibit B-22]2]], with respect to promissory notes evidencing Swing Line Loans.

SECTION # Additional Agreements. Following the First Amendment Effective Date, each Lender holding a Promissory Note evidencing Term A-1 Loans or Term B-1 Loans, as applicable, shall promptly return to the Administrative Agent such Promissory Note. All Promissory Notes evidencing Term A-1 Loans or Term B-1 Loans, as applicable, shall be deemed cancelled on the First Amendment Effective Date.

“Note” shall mean a promissory note or notes of Borrower substantially in the form attached as [Exhibit A] hereto.

oA ​ Promissory Note Receivable from Geneva Family Assets, LLC.

Re: Second Amended and Restated 10% Secured Convertible Promissory Note

Any Lender may request that Loans made by it to the Company be evidenced by a promissory note. In such event, the Company shall prepare, execute and deliver to such Lender a promissory note payable to such Lender and its registered assigns and in a form approved by the Administrative Agent and the Company. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to [Section 12.04]) be represented by one or more promissory notes in such form payable to the payee named therein and its registered assigns.

“Mortgage Note” shall mean the promissory note or other evidence of the indebtedness of a Mortgagor secured by a Mortgage.

which is evidenced by any promissory note, chattel paper or instrument;

The Borrowers shall have duly executed and delivered to the Administrative Agent Promissory Notes payable to each Lender which has requested a Promissory Note in the amount of its respective Revolving Commitment.

THIS AMENDMENT #1 TO THE CONVERTIBLE PROMISSORY NOTE ISSUED ON ​ (the