SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 12th, 2009 • Agfeed Industries, Inc • Agricultural prod-livestock & animal specialties • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of May 6, 2009, between AgFeed Industries, Inc., a Nevada corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 12th, 2009 • Agfeed Industries, Inc • Agricultural prod-livestock & animal specialties
This Agreement is made pursuant to the Securities Purchase Agreement, dated as of the date hereof, between the Company and each Purchaser (the “Purchase Agreement”).
AGFEED INDUSTRIES, INC. Issuer AND [Trustee], TrusteeIndenture • June 30th, 2009 • Agfeed Industries, Inc • Agricultural prod-livestock & animal specialties • New York
Whereas, for its lawful corporate purposes, the Company has duly authorized the execution and delivery of this Indenture to provide for the issuance of senior debt securities (hereinafter referred to as the “Securities”), in an unlimited aggregate principal amount to be issued from time to time in one or more series as in this Indenture provided, as registered Securities without coupons, to be authenticated by the certificate of the Trustee;
FORM OF WARRANTAgfeed Industries, Inc • September 10th, 2009 • Agricultural prod-livestock & animal specialties • Nevada
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Southridge Partners II, LP (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Original Issue Date”) and on or prior to the fifth anniversary of the Original Issue Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from AGFEED INDUSTRIES, INC., a Nevada corporation (the “Company”), up to four hundred thousand (400,000) shares (the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
AGFEED INDUSTRIES, INC., Issuer AND [Trustee], TrusteeAgfeed Industries, Inc • June 30th, 2009 • Agricultural prod-livestock & animal specialties • New York
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 10th, 2009 • Agfeed Industries, Inc • Agricultural prod-livestock & animal specialties • New York
This Registration Rights Agreement ("Agreement"), dated September 9, 2009, is made by and between AGFEED INDUSTRIES, INC., a Nevada corporation ("Company"), and SOUTHRIDGE PARTNERS II, LP, a Delaware limited partnership (the "Investor").
AGFEED INDUSTRIES, INC. and BROADRIDGE CORPORATE ISSUER SOLUTIONS, INC. Rights AgentRights Agreement • August 10th, 2012 • AgFeed Industries, Inc. • Agricultural prod-livestock & animal specialties • Nevada
RIGHTS AGREEMENT, dated as of August 10, 2012 (the “Agreement”), between AGFEED INDUSTRIES, INC., a Nevada corporation (the “Company”), and BROADRIDGE CORPORATE ISSUER SOLUTIONS, INC., a Pennsylvania corporation, as rights agent (the “Rights Agent”).
EQUITY CREDIT AGREEMENT BY AND BETWEEN AGFEED INDUSTRIES, INC. AND SOUTHRIDGE PARTNERS II, LP Dated September 9, 2009 Amended and Restated November 9, 2009Equity Credit Agreement • November 10th, 2009 • Agfeed Industries, Inc • Agricultural prod-livestock & animal specialties • New York
THIS EQUITY CREDIT AGREEMENT was originally entered into as of the 9th day of September, 2009 and is hereby amended and restated in its entirety as of the 9th day of November, 2009 (this "AGREEMENT"), by and between SOUTHRIDGE PARTNERS II, LP, Delaware limited partnership ("INVESTOR"), and AGFEED INDUSTRIES, INC., a corporation organized and existing under the laws of the State of Nevada (the "COMPANY").
AGFEED INDUSTRIES, INC. FORM OF REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • February 28th, 2008 • Agfeed Industries, Inc • Grain mill products • New York
This REGISTRATION RIGHTS AGREEMENT (the “Agreement”), dated as of February __, 2008, is made by and between AGFEED INDUSTRIES, INC., a Nevada corporation (the “Company”), and the Investors listed on Exhibit A hereto.
HORMEL FOODS CORPORATION COVER SHEET TO HOG PROCUREMENT AGREEMENTHog Procurement Agreement • November 19th, 2012 • AgFeed Industries, Inc. • Agricultural prod-livestock & animal specialties • Iowa
This Hog Procurement Agreement (this “Agreement”) is made effective January 1, 2010 (the “Effective Date”), by and between Midwest Finishing, LLC (the “PRODUCER”) and Hormel Foods Corporation (“HORMEL FOODS”) (collectively the “Parties).
HOG PROCUREMENT AGREEMENTProcurement Agreement • April 24th, 2013 • AgFeed Industries, Inc. • Agricultural prod-livestock & animal specialties • Minnesota
This Hog Procurement Agreement (this “Agreement”) is made effective April 1, 2013 (the “Effective Date”), by and between Midwest Finishing, LLC, an Delaware limited liability company (referred to in this Agreement as “PRODUCER”) and Hormel Foods Corporation (referred to in this Agreement as “HORMEL FOODS”).
EMPLOYMENT AGREEMENTEmployment Agreement • July 8th, 2009 • Agfeed Industries, Inc • Agricultural prod-livestock & animal specialties
THIS EMPLOYMENT AGREEMENT (this "Agreement") is entered into as of the 25th day of June, 2009, by and between Nanchang Best Animal Husbandry Co., Ltd., a corporation organized under the laws of the People's Republic of China (the "Company"), and Songyan Li (the "Executive").
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 29th, 2008 • Agfeed Industries, Inc • Grain mill products • New York
SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of April 22, 2008 by and between AgFeed Industries, Inc., a Nevada corporation (the “ Company ”), and the investors named on Exhibit A hereto (each on “ Investor ” and collectively the “ Investors ”).
INTRA GROUP LOAN AGREEMENTIntra Group Loan Agreement • December 17th, 2009 • Agfeed Industries, Inc • Agricultural prod-livestock & animal specialties • Beijing
Agreement means this document, stating the terms and conditions agreed to by the Parties, including and forming an integral part thereof, the Schedules attached hereto;
Exhibit 2.2 THIS AGREEMENT RELATES TO AN OFFERING OF SECURITIES IN AN OFFSHORE TRANSACTION TO PERSONS WHO ARE NOT U.S. PERSONS (AS DEFINED IN REGULATION S UNDER THE 1933 ACT) PURSUANT TO REGULATION S UNDER THE UNITED STATES SECURITIES ACT OF 1933, AS...Agreement • November 6th, 2006 • Wallace Mountain Resources Corp. • Metal mining
AND HOLLADAY STOCK TRANSFER Warrant AgentWarrant Agreement • July 18th, 2005 • Wallace Mountain Resources Corp. • Nevada
FIRST AMENDMENT TO FORBEARANCE AGREEMENTForbearance Agreement • March 6th, 2013 • AgFeed Industries, Inc. • Agricultural prod-livestock & animal specialties • Nebraska
THIS FIRST AMENDMENT TO FORBEARANCE AGREEMENT (the “Amendment”) is dated the 1st day of March, 2013 between AgFeed USA, LLC (formerly known as M2 P2, LLC); TS Finishing, LLC; New York Finishing, LLC; Pork Technologies, L.C.; New Colony Farms, LLC; Heritage Farms, LLC; Heritage Land, LLC; Genetics Operating, LLC; M2P2 Facilities, LLC; MGM, LLC; M2P2 General Operations, LLC; New Colony Land Company, LLC; M2P2 AF JV, LLC; and Midwest Finishing, LLC (hereinafter referred to as “Borrower”) and FARM CREDIT SERVICES OF AMERICA, FLCA and PCA (“Lender”).
KEY EXECUTIVE CHange In Control AGREEMENTControl Agreement • February 4th, 2013 • AgFeed Industries, Inc. • Agricultural prod-livestock & animal specialties • Massachusetts
THIS AGREEMENT, made and entered into as of the ____day of _____________, 20__, by and between AgFeed Industries, Inc., a Nevada corporation (hereinafter referred to as the “Company”), and [Executive] (hereinafter referred to as the “Executive”).
STANDSTILL AGREEMENTStandstill Agreement • March 8th, 2012 • AgFeed Industries, Inc. • Agricultural prod-livestock & animal specialties • Delaware
THIS STANDSTILL AGREEMENT ("Agreement") made and entered into as of this 2nd day of March, 2012, by and between AGFEED INDUSTRIES, INC. (the "Company"), a Nevada corporation, and AF SELLCO, LLC ("Sellco"), a Delaware limited liability company.
AGFEED INDUSTRIES, INC. 2010 LONG-TERM INCENTIVE PLAN STOCK OPTION AGREEMENT FOR NONQUALIFIED STOCK OPTION BETWEEN AGFEED INDUSTRIES, INC. ANDStock Option Agreement • October 11th, 2012 • AgFeed Industries, Inc. • Agricultural prod-livestock & animal specialties
WEANLING PIG SALES AGREEMENTWeanling Pig Sales Agreement • September 14th, 2012 • AgFeed Industries, Inc. • Agricultural prod-livestock & animal specialties • Iowa
This Weanling Pig Sales Agreement (this “Agreement”) is made effective January 1, 2010 (the “Effective Date”), by and between TS Finishing, LLC, a Delaware limited liability company (“TS FINISHING”) and Mountain Prairie, LLC, a Colorado limited liability company (“MOUNTAIN PRAIRIE”).
SALES PRICE ADJUSTMENT ADDENDUMSales Price Adjustment Addendum • September 14th, 2012 • AgFeed Industries, Inc. • Agricultural prod-livestock & animal specialties
This Sales Price Adjustment Addendum (this “Addendum”) is made effective January 1, 2010 (the “Effective Date”), by and among M2 P2, LLC (“M2 P2”), Midwest Finishing, LLC (“Midwest”), TS Finishing, LLC (“TS Finishing”), MGM, LLC (“MGM”) and Hormel Foods Corporation (“HORMEL FOODS”) (collectively the “Parties).
EMPLOYMENT AGREEMENTEmployment Agreement • September 24th, 2012 • AgFeed Industries, Inc. • Agricultural prod-livestock & animal specialties • Massachusetts
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and effective as of September 18, 2012 between AgFeed Industries, Inc., a Nevada corporation (the “Company”), and K. Ivan F. Gothner (the “Executive”).
NINETEENTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • February 4th, 2013 • AgFeed Industries, Inc. • Agricultural prod-livestock & animal specialties
This Nineteenth Amendment to Credit Agreement (“Amendment”) is made and entered into effective the 31st day of January, 2013, by and between AgFeed USA, LLC (formerly known as M2 P2, LLC); TS Finishing, LLC; New York Finishing, LLC; Pork Technologies, LC; New Colony Farms, LLC; Heritage Farms, LLC; Heritage Land, LLC; Genetics Operating, LLC; M2P2 Facilities, LLC; MGM, LLC; M2P2 General Operations, LLC; New Colony Land Company, LLC; M2P2 AF JV, LLC; and Midwest Finishing, LLC (hereinafter referred to as “Borrower”) and Farm Credit Services of America, FLCA and Farm Credit Services of America, PCA (hereinafter referred to as “Lender”) to amend and modify the Credit Agreement dated June 7, 2006, as amended from time to time (hereinafter referred to as the “Credit Agreement”). The Credit Agreement and underlying Loan Documents are modified only to the extent necessary to give effect to the terms of this Amendment, and the remaining terms of said Loan Documents, not otherwise inconsistent
MEMBERSHIP PURCHASE AGREEMENT by and between AF SELLCO, LLC, and AGFEED INDUSTRIES, INC. Dated as of September 13, 2010Membership Purchase Agreement • September 17th, 2010 • Agfeed Industries, Inc • Agricultural prod-livestock & animal specialties • Delaware
This MEMBERSHIP PURCHASE AGREEMENT (this “Agreement”) is made as of September 13, 2010 (the “Execution Date”), by and between AF Sellco, LLC, a Delaware limited liability company (“Seller”), and AgFeed Industries, Inc., a Nevada corporation (“Buyer”). Seller and Buyer are hereinafter collectively referred to as the “parties” and each individually as a “party.” Capitalized terms used and not otherwise defined herein have the meanings set forth in Article XI below.
FIRST AMENDMENT TO WEANLING PIG SALES AGREEMENTWeanling Pig Sales Agreement • April 24th, 2013 • AgFeed Industries, Inc. • Agricultural prod-livestock & animal specialties
This First Amendment Weanling Pig Sales Agreement (this “Amendment”), dated April 1, 2013, is made by and between Midwest Finishing, LLC, a Delaware limited liability company (“MIDWEST”) and Champ, LLC, a Colorado limited liability company (“CHAMP”).
AGFEED INDUSTRIES, INC. 2010 LONG-TERM INCENTIVE PLAN STOCK OPTION AGREEMENT FOR NONQUALIFIED STOCK OPTION BETWEEN AGFEED INDUSTRIES, INC. ANDStock Option Agreement • September 24th, 2012 • AgFeed Industries, Inc. • Agricultural prod-livestock & animal specialties
This Agreement, dated as of September 18, 2012 (the “Grant Date”), between AgFeed Industries, Inc. (“AgFeed” or the “Company”) and K. Ivan F. Gothner (the “Optionholder”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • February 28th, 2008 • Agfeed Industries, Inc • Grain mill products • New York
SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of February 25, 2008, by and among Agfeed Industries, Inc., a Nevada corporation, with headquarters located at 1095 Qing Lan Avenue, Economic and Technical Development Zone, Nan Chang City, Jiangxi Province (the ”Company”), and the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).
STOCK PURCHASE AGREEMENTStock Purchase Agreement • November 9th, 2007 • Agfeed Industries, Inc • Grain mill products
This STOCK PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of November 6, 2007, by and among AGFEED INDUSTRIES, INC., a Nevada Corporation (the “Buyer”), and Huaping Yang and Hongyun Luo (the “Sellers”), being the holders of ninety percent (90%) of the issued and outstanding shares of LUSHAN BREEDER PIG FARM CO., LTD (the “Company”), a Peoples Republic of China company located in HuaLin Town of XingZi County in JiangXi Province.
AGREEMENT FOR THE SALE AND PURCHASE OF SHARES Of AgFeed Industries, Inc. (British Virgin Islands) AMONG AgFeed Industries, Inc., a Nevada corporation, as Seller AND Good Charm International Development Ltd., as Purchaser AND Ningbo Tech-Bank Co., Ltd,...Agreement for the Sale and Purchase • September 17th, 2013 • AgFeed Industries, Inc. • Agricultural prod-livestock & animal specialties • Delaware
The Seller, the Purchaser and the Parent shall be collectively referred to as the “Parties” and each individually as the “Party”.
FIRST AMENDMENT TO AGREEMENT FOR THE SALE AND PURCHASE OF SHARES Of AgFeed Industries, Inc. (British Virgin Islands) AMONG AgFeed Industries, Inc., a Nevada corporation, as Seller AND Good Charm International Development Ltd., as Purchaser AND Ningbo...Agreement for the Sale and Purchase • November 27th, 2013 • AgFeed Industries, Inc. • Agricultural prod-livestock & animal specialties • Delaware
WARRANTY DEEDWallace Mountain Resources Corp. • August 25th, 2005 • Metal mining
The Grantor, Robert Gelfand, of #29B Ebony Tower, President Park, 99 Sukhumvit 24 Road, Bangkok 10110 Thailand for and in consideration of eight thousand dollars ($8,000.00) and other good and valuable consideration, does hereby convey unto Wallace Mountain Resources Corp., a Nevada corporation with offices at 29B Ebony Tower, President Park, 99 Sukhumvit 24 Road, Bangkok 10110 Thailand, (the "Grantee"), all right, title and interest in and to the following mineral titles:
AGFEED INDUSTRIES, INC. SUBSCRIPTION AGREEMENTSubscription Agreement • August 17th, 2007 • Agfeed Industries, Inc • Grain mill products • New York
This Subscription Agreement pertains to the offering by AgFeed Industries, Inc. (the "Company") of Seven Hundred Fifty Thousand (750,000) units (the "Units"), with each Unit consisting of one (1) share of the Company’s common stock (the "Shares") and warrants to purchase twenty-five percent (25%) of one (1) share of the Company’s common stock at an exercise price of Five Dollars and Sixty Cents ($5.60) per share (the "Warrants"), at a purchase price of Four Dollars ($4.00) per Unit (the "Offering").
ASSET PURCHASE AGREEMENT AMONG THE MASCHHOFFS, LLC, as Purchaser, AND AgFeed USA, LLC M2P2 General Operations, LLC Midwest Finishing LLC Genetics Operating LLC Pork Technologies, L.C. New Colony Farms LLC Heritage Farms LLC MGM, LLC TS Finishing, LLC...Asset Purchase Agreement • July 15th, 2013 • AgFeed Industries, Inc. • Agricultural prod-livestock & animal specialties • Delaware
THIS ASSET PURCHASE AGREEMENT is made and dated July 15, 2013, by and among The Maschhoffs, LLC, an Illinois limited liability company (hereinafter referred to as the “Purchaser”) and AgFeed USA, LLC, a Delaware limited liability company (formerly known as M2 P2, LLC) (“AgFeed”), M2P2 General Operations, LLC, a Delaware limited liability company, Midwest Finishing LLC, a Delaware limited liability company, Genetics Operating LLC, a Colorado limited liability company, Pork Technologies, L.C., an Iowa limited liability company, New Colony Farms LLC, a North Carolina limited liability company, Heritage Farms LLC, a Colorado limited liability company, MGM, LLC, a Delaware limited liability company, TS Finishing, LLC, a Delaware limited liability company, New York Finishing, LLC, a Delaware limited liability company, M2P2 Facilities, LLC, a Delaware limited liability company, Heritage Land, LLC, a Colorado limited liability company, New Colony Land Company, LLC, a North Carolina limited lia
WEANLING PIG SALES AGREEMENTWeanling Pig Sales Agreement • September 14th, 2012 • AgFeed Industries, Inc. • Agricultural prod-livestock & animal specialties • Iowa
This Weanling Pig Sales Agreement (this “Agreement”) is made effective January 1, 2010 (the “Effective Date”), by and between Midwest Finishing, LLC, a Delaware limited liability company (“MIDWEST”) and CHAMP, LLC, a Delaware limited liability company (“CHAMP”).
