The Holder hereby waives, effective as of the Effective Time: (i) the Company’s restriction to incur Indebtedness (as defined in the 2015 Notes) in accordance with Section 17(a) of the 2015 Notes, (ii) the Company’s restriction to incur Liens (as defined in the 2015 Notes) in accordance with Section 17(b) of the 2015 Notes, (iii) the Company’s restriction to incur Indebtedness that ranks pari passu with the 2015 Notes pursuant to Section 16 of the 2015 Notes, (iv) the Company’s restriction in incur Liens (as defined in the 2015 Notes) on certain types of intellectual property in accordance with Section 17(g) of the 2015 Notes, in each case of sections (i) – (iv), solely with respect to entering into the New Transaction Documents and consummating the transactions contemplated thereby, (v) any breach of the 2015 RRA prior to and including the date hereof under Section 2(a) of the 2015 RRA for the Company’s failure to have the Initial Registration Statement (as defined in the 2015 RRA) brought effective by the Initial Effectiveness Deadline (as defined in the 2015 RRA), (vi) the Holder’s right to Registration Delay Payments (as defined under the 2015 RRA) prior to and including the date hereof for the Company’s failure to have the Initial Registration Statement brought effective by the Initial Effectiveness Deadline and (vii) from and including the date hereof through August 31, 2016, the Company’s obligations under Section 2(a) to file or bring effective a Registration Statement under the 2015 RRA for the resale of the Registrable Securities (as defined in the 2015 RRA) (collectively, the “ Waiver ”).