Notes

Notes. Shall have the meaning set forth in the Background section

Notes. Means all secured convertible promissory notes issued pursuant to the Note Purchase Agreement, dated as of May 9, 2022, by and among the Company, the purchasers from time to time party thereto, and Wilmington Savings Fund Society, FSB, as holder representative

Notes. Mean the 1.625% Convertible Senior Subordinated Notes due 2026, issued on the date hereof under the Indenture and sold by the Issuer to the Initial Purchasers

Notes. The RLOC Note and Term Loan Note

Notes. The 5.25% Convertible Senior Notes due 2025 of the Company to be purchased pursuant to the Purchase Agreement

Notes. Means, collectively, each of the 12% convertible promissory notes issued in connection with the Offering, each of which is substantially in the form of this Note.

Notes. The meaning set forth in paragraph 2

Notes. Shall mean the 12% Convertible Secured Promissory Notes issued to the Investors pursuant to the Purchase Agreement, a form of which is attached to the Purchase Agreement as Exhibit A, which are convertible, upon the occurrence of certain events, into shares of the Series A Preferred Stock.

Notes. Shall have the meaning set forth in the second introductory paragraph

Notes. As defined in Section 1, such term to include any securities issued in substitution of or in addition to such Notes.