13. The Parties have not entered into any additional agreements, promises, understandings and/or conditions with respect to the matters set out in this Agreement, which are not set out in this Agreement, and none shall be entered into unless signed in writing and by all Parties. (14) This Agreement may be performed in several counterparties, each representing an original, but which constitute only an overall agreement. 3. 5. The parties acknowledge that this agreement is related to the agreement and obligations of defending party Steinhardt Management Company, Inc. that SMC has entered into with the SEC (the “SEC Consent”) in the form set forth in Appendix C, and that following the execution of the SEC agreement, the SEC will bring a civil action against SMC for alleged violation of securities law. securities and Exchange Commission v. Steinhardt Management Company, Inc. and Caxton Corporation (the “Securities Case”).

9. SMC hereby waives all rights it may have under this Agreement or any agreement contemplated by this Decision in the United States case, pursuant to the judgment of the United States Supreme Court. Halper, 490 U.S. 435 (1989), or in relation to the subject matter of that case or as part of another existing or future decision concerning that matter. 8. SMC understands that the United States has not waived the right of any federal authority with respect to the MSC or any other person: (a) to revoke or suspend any licenses, certificates, registrations, or other forms of authorization issued by that agency; (b) to impose sanctions or to take any form of sanctions or disciplinary sanctions; or (c) prohibit, suspend, disqualify, restrict, or prohibit certain transactions or other transactions with the United States or any of its agencies or services. . . .