SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 25th, 2014 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of March __, 2014, between Synthesis Energy Systems, Inc., a Delaware 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 • October 11th, 2019 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal
This Registration Rights Agreement (this “Agreement”) is made and entered into as of October __, 2019, between Synthesis Energy Systems, Inc., a Delaware corporation (the “Company”), and each of the several purchasers signatory hereto (each such purchaser, a “Purchaser” and, collectively, the “Purchasers”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • February 21st, 2020 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of February 19, 2020, between Synthesis Energy Systems, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
SERIES A COMMON STOCK PURCHASE WARRANT SYNTHESIS ENERGY SYSTEMS, INC.Warrant Agreement • October 11th, 2019 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal
THIS SERIES A COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (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 “Initial Exercise Date”) and on or prior to the close of business on the five (5) year anniversary of the Initial Exercise Date (the “Termination Date”; provided, however that if such date is not a Trading Day, the Termination Date shall be the immediately following Trading Day) but not thereafter, to subscribe for and purchase from Synthesis Energy Systems, Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, 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).
COMMON STOCK PURCHASE WARRANT SYNTHESIS ENERGY SYSTEMS, INC.Common Stock Purchase Warrant • October 25th, 2017 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (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 “Initial Exercise Date”) and on or prior to the close of business on the five (5) year anniversary of the Initial Exercise Date (the “Termination Date”; provided, however that if such date is not a Trading Day, the Termination Date shall be the immediately following Trading Day) but not thereafter, to subscribe for and purchase from Synthesis Energy Systems, Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, 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).
COMMON STOCK PURCHASE WARRANT synthesis energy systems, inc.Common Stock Purchase Warrant • March 25th, 2014 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (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 September __, 2014 (the “Initial Exercise Date”) and on or prior to the close of business on the three year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Synthesis Energy Systems, Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, 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).
11% SENIOR SECURED COnvertible DEBENTURE DUE October 24, 2022Convertible Security Agreement • February 21st, 2020 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal • New York
THIS 11% SENIOR SECURED CONVERTIBLE DEBENTURE is one of a series of duly authorized and validly issued 11% Senior Secured Convertible Debentures of Synthesis Energy Systems, Inc., a Delaware corporation, (the “Company”), having its principal place of business at Three Riverway, Suite 300, Houston, TX 77056, designated as its 11% Senior Secured Convertible Debenture due October 24, 2022 (this debenture, the “Debenture” and, collectively with the other debentures of such series, the “Debentures”).
SECURITY AGREEMENTSecurity Agreement • October 25th, 2017 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal • New York
This SECURITY AGREEMENT, dated as of October 24, 2017 (this “Agreement”), is among Synthesis Energy Systems, Inc., a Delaware corporation (the “Company”), all of the Domestic Subsidiaries (as defined below) of the Company from time to time party hereto (such subsidiaries, the “Guarantors” and together with the Company, the “Debtors”), and the holders of the Company’s 11% Senior Secured Debentures due five (5) years following their issuance, in the original aggregate principal amount of $8,000,000 (collectively, the “Debentures”) signatory hereto, their endorsees, transferees and assigns (collectively, the “Secured Parties”), and T.R. Winston & Company, LLC, as agent for the Secured Parties (the “Agent”).
AT THE MARKET OFFERING AGREEMENT May 13, 2016At the Market Offering Agreement • May 13th, 2016 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal • New York
Synthesis Energy Systems, Inc., a corporation organized under the laws of Delaware (the “Company”), confirms its agreement (this “Agreement”) with T.R. Winston & Company (the “Manager”) as follows:
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 14th, 2015 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of April __, 2015, between Synthesis Energy Systems, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
SUBSIDIARY GUARANTEESubsidiary Guarantee • October 25th, 2017 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal • New York
WHEREAS, pursuant to that certain Securities Purchase Agreement, dated as of the date hereof, by and among the Company and the Purchasers (the “Purchase Agreement”), the Company has agreed to sell and issue to the Purchasers, and the Purchasers have agreed to purchase from the Company the Debentures, subject to the terms and conditions set forth therein; and
COMMON STOCK PURCHASE WARRANT SYNTHESIS ENERGY SYSTEMS, INC.Common Stock Purchase Warrant • February 21st, 2020 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (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 “Initial Exercise Date”) and on or prior to the close of business on the five (5) year anniversary of the Initial Exercise Date (the “Termination Date”; provided, however that if such date is not a Trading Day, the Termination Date shall be the immediately following Trading Day) but not thereafter, to subscribe for and purchase from Synthesis Energy Systems, Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, 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).
NONSTATUTORY STOCK OPTION AGREEMENT SYNTHESIS ENERGY SYSTEMS, INC. 2015 LONG TERM INCENTIVE PLANNonstatutory Stock Option Agreement • May 23rd, 2017 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal • Delaware
This Stock Option Agreement (the “Agreement”), is entered into effective as of _____ between Synthesis Energy Systems, Inc., a Delaware corporation (the “Company”), and __________ (the “Optionee”).
SYNTHESIS ENERGY SYSTEMS, INC. 10,000,000 Shares of Common Stock Underwriting AgreementUnderwriting Agreement • June 6th, 2008 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal • New York
December 16, 2016 Mr. Chris Raczkowski Unit 1, Room 2516, Bldg. 25Employment Agreement • December 20th, 2016 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal • Texas
EMPLOYMENT AGREEMENTEmployment Agreement • March 30th, 2007 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal • Delaware
This EMPLOYMENT AGREEMENT (the “Agreement”) is entered into on the 30th day of May, 2006 (the “Effective Date”) by and between Synthesis Energy Systems, Inc., a Delaware corporation (the “Corporation”), and Timothy E. Vail, an individual residing at 5106 Doliver, Houston, Texas 77056 (the “Executive”) under the following terms and conditions:
Working Capital Loan ContractWorking Capital Loan Contract • September 28th, 2015 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal
Special notes: This Contract is entered into by and between the Lender and the Borrower through consultation based on equality and free will, and all terms and conditions hereof are genuine intentions of both the Lender and the Borrower. In order to protect the legitimate rights and interests of the Borrower, the Lender hereby asks the Borrower to give full attention to the contents of all terms regarding the rights and obligations of both parties.
SYNTHESIS ENERGY SYSTEMS, INC. 8,000,000 shares of Common Stock Underwriting AgreementUnderwriting Agreement • August 2nd, 2007 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal • New York
Synthesis Energy System, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to CRT Capital Group LLC (as sole managing underwriter, the “Underwriter”), an aggregate of 8,000,000 shares (the “Underwritten Shares”) and, at the election of the Underwriter, up to 1,200,000 additional shares (the “Option Shares”) of common stock, par value $0.01 per share (the “Common Stock”), of the Company pursuant to this agreement dated as of August [ ], 2007 (this “Agreement”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares”.
AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • March 30th, 2007 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal • Florida
THIS AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER is made and entered into on this 4th day of April 2005 (this “Agreement”), by and among Tamborine Holdings, Inc., a Mississippi corporation (the “Purchaser”), SES Acquisition Corporation, a Florida corporation and wholly owned Subsidiary of the Purchaser (“Acquisition”), Synthesis Energy Holdings, Inc., a Florida corporation (the “Corporation”), and the shareholders of the Corporation who are listed on the signature pages hereto, which represents all of the shareholders of the Corporation (collectively, the “Sellers”). Terms used herein and not otherwise defined shall have the meanings set forth in Section 11.3 hereof.
JOINT VENTURE CONTRACTJoint Venture Contract • August 24th, 2017 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal
THIS JOINT VENTURE CONTRACT is entered into in accordance with the Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures and the Regulations for the Implementation of the Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures (the “Joint Venture Law”) and other relevant and currently effective Chinese laws and regulations, and is amended on August 18, 2017 and entered into by the following three parties:
EQUITY JOINT VENTURE CONTRACT OF [NAME OF JOINT VENTURE] BETWEEN YIMA COAL INDUSTRY GROUP CO., LTD. AND SYNTHESIS ENERGY INVESTMENT HOLDINGS, INC. August 2009Equity Joint Venture Contract • September 2nd, 2009 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal
This Equity Joint Venture Contract (the “Contract”) is executed on 27 August, 2009 by and between the following Parties in Zhengzhou city, Henan province, PRC:
AMENDED & RESTATED CONSULTING AGREEMENTConsulting Agreement • September 6th, 2018 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal • Texas
This AMENDED & RESTATED CONSULTING AGREEMENT (this “Agreement”) is entered into effective as of September 1, 2018 by Synthesis Energy Systems, Inc., a Delaware corporation (“SES”), with a place of business at Three Riverway, Suite 300, Houston, Texas 77056, and Robert Anderson (“Consultant”), with a place of business at 609 E. 18th St, Houston, Texas 77008.
SYNTHESIS ENERGY SYSTEMS, INC. 3,737,500 shares of Common Stock Placement Agent AgreementPlacement Agent Agreement • October 26th, 2007 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal • New York
Synthesis Energy System, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the purchasers, pursuant to the terms of the Subscription Agreements in the form of Exhibit A attached hereto (the “Subscription Agreements”) entered into with the purchasers identified therein (each a “Purchaser” and collectively, the “Purchasers”), up to an aggregate of 3,250,000 shares (the “Placed Shares”) and, at the election of the Placement Agent (as defined below), up to 487,500 additional shares (the “Option Shares”) of common stock, par value $0.01 per share (the “Common Stock”) of the Company. The Placed Shares and the Option Shares are herein referred to as the “Shares”. The Company hereby confirms its agreement with CRT Capital Group LLC (the “Placement Agent”) to act as placement agent in accordance with the terms and conditions of this Placement Agent Agreement (this “Agreement”).
ContractWarrant Agreement • October 31st, 2016 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal
NEITHER THIS WARRANT NOR THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS AS EVIDENCED BY A LEGAL OPINION OF COUNSEL TO THE TRANSFEROR TO SUCH EFFECT, THE SUBSTANCE OF WHICH SHALL BE REASONABLY ACCEPTABLE TO THE COMPANY.
FORM OF INDEMNIFICATION AGREEMENTIndemnification Agreement • September 20th, 2007 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal • Delaware
This Indemnification Agreement is entered into this ___ day of ________, 2007 (“Agreement”), by and between Synthesis Energy Systems, Inc., a Delaware corporation (“Company”), and _____________ (“Indemnitee”).
Amended and Restated License AgreementLicense Agreement • May 23rd, 2007 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal • Illinois
This Amended and Restated License Agreement (the “Agreement”) is made and entered into this 31ST day of August, 2006 by and between Synthesis Energy Systems, Inc., a Delaware corporation having its principal place of business at 6330 West Loop South, Suite 300, Houston, Texas 77401 and a representative office at 680 Zhao Jia Bang Road, Unit 916 Jin Zhong Building, Shanghai, 200031 P.R. China (hereinafter referred to as “SES”) and Gas Technology Institute, an Illinois non-profit corporation having its principal place of business at 1700 South Mount Prospect Road, Des Plaines, Illinois 60018 (hereinafter referred to as “GTI”).
Contract for Synthesis Gas Purchase and Sales By and Between SHANDONG HAI HUA COAL & CHEMICAL COMPANY LTD AND SYNTHESIS ENERGY SYSTEMS (ZAOZHUANG) NEW GAS COMPANY LTDSynthesis Gas Purchase and Sales Contract • May 23rd, 2007 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal
SEPARATION AGREEMENT AND RELEASESeparation Agreement • April 2nd, 2009 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal • Texas
This Separation Agreement and Release (the “Agreement”) is dated March 31, 2009, and is effective on the date described in Section 15. This Agreement is made as a mutually agreed compromise between the Parties (as defined below) for the complete and final settlement of all claims, differences, and alleged causes of action existing between them as of the Effective Date.
RESTRICTED STOCK INCENTIVE AGREEMENTRestricted Stock Incentive Agreement • November 14th, 2014 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal • Delaware
THIS RESTRICTED STOCK INCENTIVE AGREEMENT (this “Agreement”) is made and entered into by and between Synthesis Energy Systems, Inc., a corporation organized under the laws of the State of Delaware (the “Company”), and [ name ] (the “Grantee”), an individual, on [ date ] (the “Grant Date”) pursuant to the Synthesis Energy Systems, Inc. 2005 Incentive Plan (as amended and restated effective August 5, 2006) (the “Plan”). The Plan is incorporated by reference herein in its entirety. Capitalized terms not otherwise defined in this agreement shall have the meaning given to such terms in the Plan.
February 8, 2019 Mr. Robert Rigdon 11410 Long Pine Drive Houston, Texas 77077 Re: Employment with Synthesis Energy Systems, Inc. (the “Company”) Dear Robert,Employment Agreement • February 11th, 2019 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal • Texas
You have been requested by the Company’s board of directors (the “Board”) to assume the executive role of the Company. As such, you and the Company have agreed to enter this Agreement (this “Agreement”) effective as of March 1, 2019 (the “Effective Date”).
CONSULTING AGREEMENTConsulting Agreement • June 11th, 2018 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal • Texas
This CONSULTING AGREEMENT (this "Agreement") is entered into as of March 19, 2018 by Synthesis Energy Systems, Inc., a Delaware corporation ("SES''), with a place of business at Three Riverway, Suite 300, Houston, Texas 77056, and Robert Anderson ("Consultant"), with a place of business at 609 East 18th Street, Houston. Texas 77008.
SECURITIES PURCHASE AND EXCHANGE AGREEMENTSecurities Purchase and Exchange Agreement • October 11th, 2019 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal • New York
This Securities Purchase and Exchange Agreement (this “Agreement”) is dated as of October __, 2019, between Synthesis Energy Systems, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
CONSULTING AGREEMENTConsulting Agreement • October 19th, 2016 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal • Texas
This CONSULTING AGREEMENT (this “Agreement”) is entered into effective as of November 4, 2016 by Synthesis Energy Systems, Inc., a Delaware corporation (“SES”), with a place of business at Three Riverway, Suite 300, Houston, Texas 77056, and Roger Ondreko, an individual resident of the State of Texas (“Consultant”), with his place of business at 501 Shadywood, Friendswood, Texas 77546.
Amended and Re-Stated Loan Agreement Australian Future Energy Pty Ltd and Synthesis Energy Systems, Inc Provision of Short Term Interim FundingLoan Agreement • February 21st, 2020 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal • Queensland
The purpose of this Amended and Re-Stated Loan Agreement (“Agreement”) is to amend and re-state the Loan Agreement that was entered into between Australian Future Energy Pty Ltd and Synthesis Energy Systems, Inc, on or about 25 October 2019 (“the Original Agreement”).
March 31, 2009Employment Agreement • April 2nd, 2009 • Synthesis Energy Systems Inc • Miscellaneous products of petroleum & coal
This letter will constitute an amendment to your employment agreement with us dated March 14, 2008, effective as of the date that you sign below. These amendments are:
