VIll. Breach of Promissory Note

Exhibit # - Form of Promissory Note

Any ​ may request that Revolving Loans made by it be evidenced by a promissory note (each such promissory note being called a “Note” and all such promissory notes being collectively called the “Notes”). In such event, the Borrower shall prepare, execute and deliver to such ​ a Note payable to the order of such ​ (or, if requested by such ​, to such ​ and its registered assigns) in substantially the form of [Exhibit D] attached hereto. Thereafter, the Revolving Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to [Section 9.04]) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

“Intercompany Note” means a promissory note substantially in the form of [Exhibit I].

Any Lender may request that Loans made by it to the Borrower be evidenced by a promissory note substantially in the form of [Exhibit E-11]1]] or [Exhibit E-22]2]], as applicable. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in such form. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to [Section 9.04]) be represented by one or more promissory notes in such form payable to the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

“Note” means a promissory note issued to any Lender pursuant to [Section 2.6(c)].

5% Convertible Promissory Note due ​.

“Promissory Note” is defined in [Section 2.14(d)].

The above Promissory Note is accepted and approved.

“Convertible Notes” identifies four (4) instruments, each titled “Secured Convertible Promissory Note”, in the aggregate principal amount of ​, consisting of: (1) a Secured Convertible Promissory Note dated ​ in the principal amount of ​ issued by ​ to ​ (the “First Closing ​ Secured Note”), (2) a Secured Convertible Promissory Note dated ​ in the principal amount of ​ issued by ​ to ​ (the “First Closing ​ Secured Note”), (3) a Secured Convertible Promissory Note dated ​ in the principal amount of ​ issued by ​ to ​ (the “Second Closing ​ Secured Note”) and (4) a Secured Convertible Promissory Note dated ​ in the principal amount of ​ issued by ​ to ​ (the “Second Closing ​ Secured Note”), each as amended, as amended, amended and restated, supplemented or otherwise modified from time to time. The anti-dilution protection provisions included in the Convertible Notes were approved by ​’s stockholders on ​ at ​’s 2021 Annual Meeting of Stockholders.