From and after the Exchange Date, each holder of a Preferred Share (each, a “ Holder ” and collectively, the “ Holders ”) shall be entitled to receive dividends (and including any accrued and unpaid Dividends (as defined in the Series B-2 Certificate of Designations), “ Dividends ”), which Dividends shall be paid by the Company out of funds legally available therefor, payable, subject to the conditions and other terms hereof, in shares of Common Stock or cash on the Stated Value (as defined below) of such Preferred Share, at the Dividend Rate (as defined below), which shall be cumulative and shall continue to accrue and compound monthly whether or not declared and whether or not in any fiscal year there shall be net profits or surplus available for the payment of dividends in such fiscal year.  Dividends on the Preferred Shares shall commence accumulating on the Initial Issuance Date and shall be computed on the basis of a 365-day year and actual days elapsed.  Accrued and unpaid dividends from the Initial Issuance Date through and including April 1, 2017 shall increase the Stated Value hereunder on a daily basis (and including any Capitalized Dividends (as defined in the Series B-2 Certificate of Designations), the “ Capitalized Dividends ”). Dividends shall be payable quarterly in arrears on the first day of the applicable quarter (each, a “ Dividend Date ”) with the first Dividend Date being July 1, 2017, except that any dividend not paid in Common Stock due to an Equity Conditions Failure or the provisions of Section 4(d) shall, at the Company’s election, be paid in cash (except as limited by a requirement of the Senior Loan Agreement) or shall accrue and  increase the Stated Value .  If a Dividend Date is not a Business Day (as defined below), then the Dividend shall be due and payable on the Business Day immediately following such Dividend Date. For the avoidance of doubt, on the Exchange Date, (x) all accrued and unpaid Dividends (as defined in the Series B-2 Certificate of Designations) on each Series B-2 Preferred Share shall automatically be deemed accrued and unpaid Dividends (as defined herein) for each corresponding Preferred Share hereunder and (y) all Capitalized Dividends (as defined in the Series B-2 Certificate of Designations) with respect to each Series B-2 Preferred Share shall automatically be deemed Capitalized Dividends (as defined herein) for each corresponding Preferred Share hereunder.