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UNITED STATES DEPARTMENT OF THE
TREASURY
1500 Pennsylvania Avenue, NW
Washington, D.C. 20220
Reference is made
to that certain letter agreement (the “ Repurchase Letter
Agreement ”), dated as of the date set forth on
Schedule A hereto, between the United States Department of the
Treasury (the “ Investor ”) and the company set
forth on Schedule A hereto (the “ Company
”). Capitalized terms used but not defined herein shall have
the meanings assigned to them in the Repurchase Letter
Agreement.
As documented by
the Repurchase Letter Agreement, the Company has completed the
repurchase from the Investor of all of the Preferred Shares issued
to the Investor pursuant to the Securities Purchase Agreement.
Following such time, the Company delivered a Warrant Repurchase
Notice dated as of the date set forth on Schedule A hereto to
the Investor. In connection with the consummation, on the date
hereof, of the repurchase of the Warrant by the Company from the
Investor, as contemplated by the Warrant Repurchase Notice and
Section 4.9 of the Securities Purchase Agreement:
(a) The Company
hereby acknowledges receipt from the Investor of the Warrant;
and
(b) The Investor
hereby a
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