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Equity Rights. acknowledges and agrees that this Confirmation is not intended to convey to it rights with respect to the Transaction that are senior to the claims of common stockholders in the event of ’s bankruptcy. For the avoidance of doubt, the parties agree that the preceding sentence shall not apply at any time other than during ’s bankruptcy to any claim arising as a result of a breach by of any of its obligations under this Confirmation or the Agreement. For the avoidance of doubt, the parties acknowledge that the obligations of under this Confirmation are not secured by any collateral that would otherwise secure the obligations of herein under or pursuant to any other agreement.

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