SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • June 8th, 2022 • Gevo, Inc. • Industrial organic chemicals • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of June 5, 2022, between Gevo, 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 2022-A COMMON STOCK PURCHASE WARRANT GEVO, INC.Gevo, Inc. • June 8th, 2022 • Industrial organic chemicals • New York
THIS SERIES 2022-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 5:00 p.m. (New York City time) on June 8, 2027 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Gevo, 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).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • July 8th, 2020 • Gevo, Inc. • Industrial organic chemicals • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of June 30, 2020, between Gevo, 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”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • January 21st, 2021 • Gevo, Inc. • Industrial organic chemicals • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of January 19, 2021, between Gevo, 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”).
AT THE MARKET OFFERING AGREEMENT January 16, 2024Market Offering Agreement • January 16th, 2024 • Gevo, Inc. • Industrial organic chemicals • New York
Gevo, Inc., a corporation organized under the laws of Delaware (the “Company”), confirms its agreement (this “Agreement”) with H.C. Wainwright & Co., LLC (the “Manager”) as follows:
STRICTLY CONFIDENTIAL Gevo, Inc.Letter Agreement • June 1st, 2018 • Gevo, Inc. • Industrial organic chemicals • New York
GEVO, INC. 2,050,000 Series A Units Consisting of One Share of Common Stock ($0.01 par value per share) and a Series D Warrant to Purchase One Share of Common Stock 8,000,000 Series B Units Consisting of a Pre-Funded Series E Warrant to Purchase One...Underwriting Agreement • December 9th, 2015 • Gevo, Inc. • Industrial organic chemicals • New York
EMPLOYMENT AGREEMENTEmployment Agreement • January 19th, 2011 • Gevo, Inc. • Industrial organic chemicals • Colorado
This Employment Agreement (this “Agreement”) is made and entered into as of September 22, 2010 (such date, the “Commencement Date”), by and between Gevo, Inc., a Delaware corporation (the “Company”), and Michael A. Slaney (the “Executive”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 24th, 2020 • Gevo, Inc. • Industrial organic chemicals • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of August 20, 2020, between Gevo, 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”).
ContractGevo, Inc. • August 12th, 2010 • California
THIS WARRANT HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “1933 ACT”), OR ANY APPLICABLE STATE SECURITIES LAWS, AND MAY NOT BE SOLD OR TRANSFERRED UNLESS SUCH SALE OR TRANSFER IS IN ACCORDANCE WITH THE REGISTRATION REQUIREMENTS OF SUCH ACT AND APPLICABLE LAWS OR SOME OTHER EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF SUCH ACT AND APPLICABLE LAWS IS AVAILABLE WITH RESPECT THERETO.
ContractEnglish Warrant Agreement • October 1st, 2010 • Gevo, Inc. • Industrial organic chemicals • California
THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 AS AMENDED (the “1933 ACT”), OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO YOU THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE 1933 ACT, OR ANY APPLICABLE STATE SECURITIES LAWS.
GEVO, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • January 19th, 2011 • Gevo, Inc. • Industrial organic chemicals • Delaware
This Indemnification Agreement (this “Agreement”) is effective as of , 2011 by and between Gevo, Inc., a Delaware corporation (the “Company”), and (the “Indemnitee”).
Employment Agreement Effective August 12, 2024Employment Agreement • August 16th, 2024 • Gevo, Inc. • Industrial organic chemicals • Colorado
This Employment Agreement (this “Agreement”), by and between Gevo, Inc., a Delaware corporation (the “Company”), and Kimberly Bowron (the “Executive”), is hereby entered into as of August 12, 2024 (the “Effective Date”).
AMENDED AND RESTATED PLAIN ENGLISH GROWTH CAPITAL LOAN AND SECURITY AGREEMENTAnd Security Agreement • February 28th, 2012 • Gevo, Inc. • Industrial organic chemicals • California
This is an AMENDED AND RESTATED PLAIN ENGLISH GROWTH CAPITAL LOAN AND SECURITY AGREEMENT dated as of October 20, 2011 (this “Agreement”), by and between AGRI-ENERGY, LLC, a Minnesota limited liability company, as borrower, and any other borrower party that may be added as a borrower hereunder from time to time pursuant to a written amendment and/or joinder agreement signed by the then existing borrowers, the new borrower and TRIPLEPOINT CAPITAL LLC (or their successor or permitted assign as lender), and TRIPLEPOINT CAPITAL LLC, a Delaware limited liability company, as lender.
FUEL SALES AGREEMENTFuel Sales Agreement • March 22nd, 2022 • Gevo, Inc. • Industrial organic chemicals • New York
This Fuel Sales Agreement (this “Agreement”), is entered into as of March 16, 2022 (the “Effective Date”) and is made by and between GEVO, INC., a Delaware corporation (“Seller”) and DELTA AIR LINES, INC., a Delaware corporation (“Buyer”). Each of Seller and Buyer is referred to herein as a “Party” and collectively are referred to herein as the “Parties.” Capitalized terms not otherwise defined in this Agreement shall have the respective meanings assigned to them in the General Terms and Conditions (as defined in Section 1.1 below).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • January 13th, 2020 • Gevo, Inc. • Industrial organic chemicals • New York
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is dated as of January 10, 2020 by and among Gevo, Inc., a Delaware corporation (the "Company"), the investors set forth on the signature page hereto (the “Holders”), and each other party who hereafter executes and delivers a Joinder Agreement (each, a "Joining Party," and together with the Holders, the "Investor") in the form attached as Exhibit A hereto (a "Joinder Agreement") agreeing to be bound by the terms hereof.
REDFIELD ENERGY, LLC A South Dakota Limited Liability Company SECOND AMENDED AND RESTATED OPERATING AGREEMENT (Contains Restrictions on Transfer of Interests) Dated Effective June 13, 2011Operating Agreement • August 3rd, 2011 • Gevo, Inc. • Industrial organic chemicals • South Dakota
THIS SECOND AMENDED AND RESTATED OPERATING AGREEMENT (“Agreement”) is hereby adopted and entered into effective as of the 13th day of June, 2011, by the Members (as defined below), pursuant to the provisions of the Act (as defined below), on the terms and conditions set forth herein.
PORTIONS OF THIS EXHIBIT MARKED BY [**] HAVE BEEN OMITTED PURSUANT TO RULE 601(B)(10) OF REGULATION S-K. THE OMITTED INFORMATION IS (I) NOT MATERIAL AND (II) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED.Renewable Hydrocarbons Purchase and Sale Agreement • October 6th, 2021 • Gevo, Inc. • Industrial organic chemicals • New York
This RENEWABLE HYDROCARBONS PURCHASE AND SALE AGREEMENT (this “Agreement”) is made this 14th day of August 2020 (“Execution Date”) by and between GEVO, INC., a Delaware corporation having its principal office at 345 Inverness Drive South, Building C, Suite 310, Englewood, Colorado 80112 (“Seller”) and TRAFIGURA TRADING LLC, a Delaware corporation having its principal office at 1401 McKinney Street, Suite 1500, Houston, Texas 77010 (“Buyer”). Seller and Buyer may be referred to individually as a “Party” and collectively as the “Parties”.
COMMON STOCK UNIT WARRANT AGREEMENTCommon Stock Unit Warrant Agreement • August 6th, 2014 • Gevo, Inc. • Industrial organic chemicals • New York
THIS WARRANT AGREEMENT (this “Agreement”) is dated August 5, 2014, between Gevo, Inc., a Delaware corporation (the “Company”), and the American Stock Transfer & Trust Company, LLC, acting as warrant agent (the “Warrant Agent”).
AMENDMENT AGREEMENTAmendment Agreement • December 27th, 2011 • Gevo, Inc. • Industrial organic chemicals • Colorado
This Amendment Agreement (the “Agreement”) is entered into as of December 21, 2011 (the “Effective Date”) by and between Gevo, Inc. a Delaware corporation (the “Company”), and Pat Gruber, an individual (the “Employee”). Capitalized terms used but not defined herein shall have the meaning assigned to them in the Employment Agreement (as defined below).
ACQUISITION AGREEMENTAcquisition Agreement • November 4th, 2010 • Gevo, Inc. • Industrial organic chemicals • Delaware
EXCHANGE AGREEMENTExchange Agreement • September 9th, 2016 • Gevo, Inc. • Industrial organic chemicals • New York
This Exchange Agreement (this “Agreement”) is made and entered into as September , 2016, by and between (the “Holder”), and Gevo, Inc., a Delaware corporation (the “Company”).
LICENSE AGREEMENTExclusive License Agreement • November 4th, 2010 • Gevo, Inc. • Industrial organic chemicals • California
THIS AGREEMENT is effective as of the 12th day of July, 2005 (the “Effective Date”), between CALIFORNIA INSTITUTE OF TECHNOLOGY, 1200 East California Boulevard, Pasadena, CA 91125 (“Caltech”) and Methanotech, Inc. (“Licensee”), a Delaware corporation having a place of business at Pasadena, California.
COMMERCIALIZATION AGREEMENTCommercialization Agreement • August 12th, 2010 • Gevo, Inc. • Colorado
This Commercialization Agreement (this “Agreement”) is effective as of October 16, 2008 (the “Effective Date”) by and between ICM, Inc., a Kansas corporation with its principal place of business at 310 N. First Street, Colwich, KS 67030 (“ICM”) and Gevo, Inc., a Delaware corporation with offices at 345 Inverness Drive South, Building C, Suite 310, Englewood, CO 80112 (“Gevo”) (Gevo and ICM are collectively referred to as the “Parties” and each individually as a “Party”). As used in this Agreement, the term “Affiliates” means and refers to any entity that controls, or is controlled by, or is under common control with, that entity.
CONSENT UNDER AND FIFTH AMENDMENT TO AMENDED AND RESTATED PLAIN ENGLISH GROWTH CAPITAL LOAN AND SECURITY AGREEMENTLoan and Security Agreement • January 30th, 2015 • Gevo, Inc. • Industrial organic chemicals • California
This Consent Under and Fifth Amendment to Amended and Restated Plain English Growth Capital Loan and Security Agreement (this “Amendment”) is made and entered into as of January 28, 2015, by and between AGRI-ENERGY, LLC, a Minnesota limited liability company (“Agri-Energy” or “You”), GEVO, INC., a Delaware corporation (“Gevo”), and TRIPLEPOINT CAPITAL LLC, a Delaware limited liability company (“TriplePoint” or “Us”; together with Agri-Energy, collectively, the “Parties”).
FIRST AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENTLimited Liability Company Agreement • November 4th, 2010 • Gevo, Inc. • Industrial organic chemicals • Delaware
This First Amended and Restated Limited Liability Company Agreement (this “Agreement”) of Gevo Development, LLC (“Development”), dated as of August 5, 2010 (the “Effective Date”), is made by and among the Members and Development. Capitalized terms used in this Agreement, but not otherwise defined, will have the meanings set forth in Exhibit A.
CERTAIN CONFIDENTIAL INFORMATION, IDENTIFIED BY BRACKETED ASTERISKS “[*****]”, HAS BEEN OMITTED FROM THIS EXHIBIT BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. AMENDED AND RESTATED FUEL SUPPLY...Fuel Supply Agreement • March 15th, 2023 • Gevo, Inc. • Industrial organic chemicals • New York
This AMENDED AND RESTATED FUEL SUPPLY AGREEMENT (this “Agreement”) is made this 15th day of March 2023 (the “Restated Execution Date”) by and between GEVO, INC., a Delaware corporation having its principal office at 345 Inverness Drive South, Building C, Suite 310, Englewood, Colorado 80112 (“Gevo”) and KOLMAR AMERICAS, INC., a Delaware corporation having its principal office at 10 Middle Street, Penthouse, Bridgeport, Connecticut (“Kolmar”). Gevo and Kolmar may be referred to individually as a “Party” and collectively as the “Parties”.
CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR THE REDACTED PORTIONS OF THIS EXHIBIT. THE REDACTIONS ARE INDICATED WITH “[**]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION.Ethanol and Isobutanol Purchase and Marketing Agreement • February 22nd, 2018 • Gevo, Inc. • Industrial organic chemicals • Agri
THIS ETHANOL AND ISOBUTANOL PURCHASE AND MARKETING AGREEMENT (this “Agreement”), dated as of February 16, 2018 (the “Execution Date”), is entered into by and between Eco-Energy, LLC, a Tennessee limited liability company with its registered office at 6100 Tower Circle, Suite 500, Franklin, Tennessee 37067 (“Eco”), and Agri-Energy, LLC, with its principal office located at 502 S Walnut Ave, Luverne, MN 56156 (“Agri-Energy”).
CONSENT UNDER AND THIRD AMENDMENT TO AMENDED AND RESTATED PLAIN ENGLISH GROWTH CAPITAL LOAN AND SECURITY AGREEMENT AND OMNIBUS AMENDMENT TO LOAN DOCUMENTSGevo, Inc. • May 15th, 2014 • Industrial organic chemicals • California
This Consent Under and Third Amendment to Amended and Restated Plain English Growth Capital Loan and Security Agreement and Omnibus Amendment to Loan Documents (this “Amendment”) is made and entered into as of May 9, 2014, by and between AGRI-ENERGY, LLC, a Minnesota limited liability company (“Agri-Energy” or “You”), GEVO, INC., a Delaware corporation (“Gevo”), GEVO DEVELOPMENT, LLC, a Delaware limited liability company (“Devco”), and TRIPLEPOINT CAPITAL LLC, a Delaware limited liability company (“TriplePoint” or “Us”; together with Agri-Energy, collectively, the “Parties”).
GEVO, INC. Stock Option Award AgreementStock Option Award Agreement • March 29th, 2011 • Gevo, Inc. • Industrial organic chemicals • Delaware
This Award is conditioned on your execution of this Award Agreement within twenty (20) days after the Grant Date specified in Section 1 below. By executing this Award Agreement, you will be irrevocably agreeing that all of your rights under this Award will be determined solely and exclusively by reference to the terms and conditions of the Plan, subject to the provisions set forth below. As a result, you should not execute this Award Agreement until you have carefully considered the terms and conditions of the Plan and this Award, plus the information disclosed within the attached Plan prospectus, and (ii) consulted with your personal legal and tax advisors about all of these documents.
ContractRights Agreement • August 12th, 2010 • Gevo, Inc. • California
THIS WARRANT HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “1933 ACT”), OR ANY APPLICABLE STATE SECURITIES LAWS, AND MAY NOT BE SOLD OR TRANSFERRED UNLESS SUCH SALE OR TRANSFER IS IN ACCORDANCE WITH THE REGISTRATION REQUIREMENTS OF SUCH ACT AND APPLICABLE LAWS OR SOME OTHER EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF SUCH ACT AND APPLICABLE LAWS IS AVAILABLE WITH RESPECT THERETO.
AMENDED AND RESTATED COMMERCIALIZATION AGREEMENTCommercialization Agreement • August 3rd, 2012 • Gevo, Inc. • Industrial organic chemicals • Colorado
This Amended and Restated Commercialization Agreement (together with all appendices attached hereto, this “Agreement”) is made and entered into on this 11th day of August, 2011 (the “Commencement Date”), but effective as of October 16, 2008 (the “Effective Date”) by and between ICM, Inc., a Kansas corporation with its principal place of business at 310 N. First Street, Colwich, KS 67030 (“ICM”) and Gevo, Inc., a Delaware corporation with offices at 345 Inverness Drive South, Building C, Suite 310, Englewood, CO 80112 (“Gevo”) (Gevo and ICM are collectively referred to as the “Parties” and each individually as a “Party”). As used in this Agreement, the term “Affiliates” means and refers to any entity that controls, or is controlled by, or is under common control with, that entity.
SUBLEASELease Agreement • November 4th, 2010 • Gevo, Inc. • Industrial organic chemicals • Texas
AMENDED AND RESTATED LIMITED RECOURSE MEMBERSHIP INTEREST PLEDGE AGREEMENTPledge Agreement • October 26th, 2011 • Gevo, Inc. • Industrial organic chemicals • California
This AMENDED AND RESTATED LIMITED RECOURSE MEMBERSHIP INTEREST PLEDGE AGREEMENT dated as of October 20, 2011 (as the same may be amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), is made by GEVO DEVELOPMENT, LLC, a Delaware limited liability company (“Pledgor”), in favor of TRIPLEPOINT CAPITAL LLC, a Delaware limited liability company (“Lender”).
PLAIN ENGLISH LIMITED RECOURSE CONTINUING GUARANTYGevo, Inc. • October 26th, 2011 • Industrial organic chemicals
This is a PLAIN ENGLISH LIMITED RECOURSE CONTINUING GUARANTY (as the same may be amended, restated, supplemented or otherwise modified from time to time, this “Agreement” or this “Guaranty”), dated as October 20, 2011, made by GEVO DEVELOPMENT, LLC., a Delaware limited liability company, in favor of TRIPLEPOINT CAPITAL LLC, a Delaware limited liability company.
