EX-99.3 5 d60607dex993.htm EX-99.3

Exhibit 99.3

Subject to FRE 408 / For Discussion Purposes Only / Confidential

Akin team,

Below please the Company’s issues list in response to the Ad Hoc Group’s December 8 restructuring term sheet. The below remains subject to ongoing review and revision in all respects. Let us know if you would like to discuss.

Consensual Scenario Issues List:

| • |  | Take-back debt prepayable (in whole or in part) for 24 mos. at par; thereafter 101.

| • |  | Interest rate of New Notes at [TBD]%.

| • |  | Reinstate 20% warrant package or a suitable alternative, to be determined.

| • |  | MIP set at 10%.

| • |  | Ad Hoc Group to agree that employment agreements will be assumed.

| • |  | Company and advisors to review noteholder ability to trade claims to get cash recovery.