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10.7
Documentation and Information. Until the Expiration Time, Huber consents to and authorizes the publication
and disclosure by TNK of Huber’s identity and holding of the Covered Shares, and the terms of this Agreement (including,
for the avoidance of doubt, the disclosure of this Agreement), in any press release, the Joint Proxy Statement/Prospectus and any
other disclosure document required in connection with the Merger Agreement and the transactions contemplated by the Merger Agreement,
including the Merger and the Charter Amendment. Until the Expiration Time, TNK shall provide legal counsel to Huber with a reasonable
opportunity to review and comment on drafts of such disclosure documents with respect to references to Huber contained therein
prior to the filing or public disclosure of such disclosure documents.
10.8
Specific Performance. Each of the parties hereto agrees that irreparable damage would occur if any provision
of this Agreement were not performed in accordance with the terms hereof, that monetary damages may not be adequate compensation
for any loss incurred in connection therewith, and that the parties shall be entitled to an injunction or injunctions to prevent
breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof in the Delaware Court
of Chancery or in any federal or state court located in the State of Delaware, in addition to any other remedy to which they are
entitled at law or in equity. Each party hereto agrees that it will not oppose the granting of an injunction, specific performance
and other equitable relief on the basis that (i) the other party has an adequate remedy at law or (ii) an award of specific performance
is not an appropriate remedy for any reason at law or in equity.
10.9
Entire Agreement. This Agreement contains the entire agreement between TNK and Huber with respect to the subject
matter of this Agreement and supersedes all prior agreements and understandings, both oral and written, between the parties with
respect to the subject matter of this Agreement. For the avoidance of doubt, nothing in this Agreement shall be deemed to amend,
alter or modify, in any respect, any of the provisions of the Merger Agreement.
10.10
Reliance. Huber understands and acknowledges that TNK is taking the actions contemplated by Section 4 of this
Agreement in reliance upon Huber’s execution and delivery of this Agreement.
10.11
Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement,
and, in the event an ambiguity or question of intent or interpretation arises, this Agreement will be construed as if drafted jointly
by the parties hereto, and no presumption or burden of proof will arise favoring or disfavoring any party hereto by virtue of the
authorship of any of the provisions of this Agreement.
10.12
Interpretation. For purposes of this Agreement, except as otherwise expressly provided herein or unless the
context otherwise requires: (i) the meaning assigned to each term defined herein will be equally applicable to both the singular
and the plural forms of such term and vice versa, and words denoting any gender will include all genders as the context requires;
(ii) where a word or phrase is defined herein, each of its other grammatical forms will have a corresponding meaning; (iii) the
terms “hereof”, “herein”, “hereunder”, “hereby” and “herewith” and
words of similar import will, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular
provision of this Agreement; (iv) when a reference is made in this Agreement to a Section without reference to a document,
such reference is to a Section to this Agreement; (v) a reference to a subsection without further reference to a Section is
a reference to such subsection as contained in the same Section in which the reference appears, and this rule will also apply to
paragraphs and other subdivisions; (vi) the word “include”, “includes” or “including”
when used in this Agreement will be deemed to include the words “without limitation”, unless otherwise specified; (vii) a
reference to any party to this Agreement or any other agreement or document will include such party’s predecessors, successors
and permitted assigns; (viii) a reference to any Law means such Law as amended, modified, codified, replaced or reenacted,
and all rules and regulations promulgated thereunder; (ix) all accounting terms used and not defined herein have the respective
meanings given to them under GAAP; (x) any references in this Agreement to “dollars” or “$” shall
be to U.S. dollars; and (xi) the word “Subsidiary” when used in this Agreement will be deemed to include a direct or
indirect Subsidiary of a Person.
