GREENHUNTER RESOURCES, INC. Common Stock (par value $0.001 per share) At Market Issuance Sales AgreementAt Market Issuance Sales Agreement • October 31st, 2014 • GreenHunter Resources, Inc. • Industrial organic chemicals • New York
GREENHUNTER RESOURCES, INC., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with MLV & Co. LLC (the “MLV”), as follows:
GREENHUNTER RESOURCES, INC. COMMON STOCK WARRANTWarrant Agreement • November 19th, 2013 • GreenHunter Resources, Inc. • Industrial organic chemicals • Delaware
THIS CERTIFIES THAT, for value received, the Holder is entitled to purchase, and GreenHunter Resources, Inc., a Delaware corporation (the “Company”), promises and agrees to sell and issue to the Holder, at any time, or from time to time, during the Exercise Period, up to shares of Common Stock, par value $0.001 per share (the “Common Stock”), of the Company, at the Exercise Price, subject to the provisions and upon the terms and conditions hereinafter set forth. This Warrant is one of the Unit Warrants issued in the Offering.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 24th, 2013 • GreenHunter Resources, Inc. • Industrial organic chemicals • New York
This Registration Rights Agreement (the “Agreement”) is made and entered into as of September 19, 2013 by and among GreenHunter Resources, Inc., a Delaware corporation (the “Company”), and the “Purchasers” named in that certain Securities Purchase Agreement by and among the Company and the Purchasers (the “Purchase Agreement”). Capitalized terms used herein have the respective meanings ascribed thereto in the Purchase Agreement unless otherwise defined herein.
425,000 Shares GREENHUNTER ENERGY, INC. 10% Series C Preferred Stock UNDERWRITING AGREEMENTUnderwriting Agreement • July 26th, 2012 • GreenHunter Energy, Inc. • Industrial organic chemicals • New York
GreenHunter Energy, Inc., a Delaware corporation (the “Company”) proposes, subject to the terms and conditions of this Underwriting Agreement (this “Agreement”), to issue and sell to the public through MLV & Co. (“MLV”), National Securities Corporation (“National”), Northland Capital Markets (“Northland”), and Livingston Securities (“Livingston,” and together with MLV and National, the “Underwriters”), on a best efforts basis, 425,000 shares of the Company’s 10% Series C Preferred Stock, par value $0.001 per share (the “Securities”).
INDENTURE DATED AS OF , 20 BETWEEN GREENHUNTER ENERGY, INC. as Issuer, AND [TRUSTEE] as Trustee Providing for Issuance of Debt Securities in SeriesIndenture • November 13th, 2008 • GreenHunter Energy, Inc. • Industrial organic chemicals • New York
THIS INDENTURE, dated as of , 20 (the “Indenture”) between GreenHunter Energy, Inc., a corporation duly organized and existing under the laws of the State of Delaware (herein called the “Company”), having its principal office at 1048 Texan Trail, Grapevine, Texas 76051), and [TRUSTEE], as trustee (herein called the “Trustee”).
SUBORDINATED INDENTURE DATED AS OF , 20 BETWEEN GREENHUNTER ENERGY, INC. as Issuer, AND [TRUSTEE] as Trustee Providing for Issuance of Debt Securities in SeriesSubordinated Indenture • November 13th, 2008 • GreenHunter Energy, Inc. • Industrial organic chemicals • New York
THIS SUBORDINATED INDENTURE, dated as of ______, 20___(the “Indenture”) between GreenHunter Energy, Inc., a corporation duly organized and existing under the laws of the State of Delaware (herein called the “Company”), having its principal office at 1048 Texan Trail, Grapevine, Texas 76051), and [TRUSTEE], as trustee (herein called the “Trustee”).
GREENHUNTER ENERGY, INC. STOCK OPTION AGREEMENTStock Option Agreement • May 18th, 2012 • GreenHunter Energy, Inc. • Industrial organic chemicals • Texas
THIS ASSOCIATE STOCK OPTION AGREEMENT (the “Agreement”) is made as of the day of 20__, between GreenHunter Energy, Inc., a Delaware corporation (hereinafter referred to as the “Company”), and (hereinafter referred to as “Participant” or “Optionee”).
EMPLOYMENT AGREEMENTEmployment Agreement • May 18th, 2012 • GreenHunter Energy, Inc. • Industrial organic chemicals • Texas
This Employment Agreement (the “Agreement”) is made and entered into as of the 1st day of October, 2009 (the “Effective Date”), by and between GreenHunter Energy, Inc., a Delaware corporation (“Employer” or “Company”) and Jonathan D. Hoopes (“Employee”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 30th, 2012 • GreenHunter Energy, Inc. • Industrial organic chemicals • Delaware
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of February 17, 2012, is by and between GREENHUNTER ENERGY, INC., a Delaware corporation (the “Company”), and TRIAD HUNTER, LLC, a Delaware limited liability company (the “Shareholder”). Unless otherwise defined herein, all capitalized terms used herein shall have the meanings ascribed to them in that certain Equity Purchase Agreement, dated as of even date herewith, by and among the Company and the Shareholder (the “Purchase Agreement”).
SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of March 28, 2008 among GREENHUNTER BIOFUELS, INC as the Borrower WESTLB AG, NEW YORK BRANCH, as the Administrative Agent WESTLB AG, NEW YORK BRANCH, as the LC Issuing Bank and LENDERS PARTY TO...Credit Agreement • May 14th, 2008 • GreenHunter Energy, Inc. • Industrial organic chemicals • New York
This SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), dated as of March 28, 2008, is made among GREENHUNTER BIOFUELS, INC (f/k/a CHANNEL REFINING CORPORATION, INC), a Texas corporation (the “Borrower”), each of the lenders that is a signatory to this Agreement identified as a “Lender” on the signature pages to this Agreement or that, pursuant to Section 11.06(b), shall become a “Lender” under this Agreement (individually, a “Lender” and, collectively, the “Lenders”), and WESTLB AG, NEW YORK BRANCH (“WestLB”) as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), and WestLB as LC Issuing Bank (“LC Issuing Bank”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 27th, 2008 • GreenHunter Energy, Inc. • Industrial organic chemicals • Texas
SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of August 21, 2008, by and among GreenHunter Energy, Inc. (the “Company”) and the investor listed on the Schedule of Buyers attached hereto (the “Buyer”).
NOTE PURCHASE AGREEMENT BAM ADMINISTRATIVE SERVICES LLC, as Agent THE PURCHASERS From Time to Time Party Hereto and GREENHUNTER RESOURCES, INC.Note Purchase Agreement • April 16th, 2015 • GreenHunter Resources, Inc. • Industrial organic chemicals • New York
THIS NOTE PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of April 14, 2015, among GREENHUNTER RESOURCES, INC., a Delaware corporation (the “Company”), the Purchasers from time to time a party hereto (each a “Purchaser” and collectively the “Purchasers”), and BAM Administrative Services LLC, a Delaware limited liability company, as agent for each Purchaser (the “Agent” and together with the Purchasers, the “Creditor Parties”).
PURCHASE AND SALE AGREEMENT BETWEEN GREENHUNTER MESQUITE LAKE, LLC, A DELAWARE LIMITED LIABILITY COMPANY (“SELLER”) AND A CALIFORNIA LIMITED LIABILITY COMPANY (“PURCHASER”) February 19, 2014Purchase and Sale Agreement • February 24th, 2014 • GreenHunter Resources, Inc. • Industrial organic chemicals • California
THIS PURCHASE AND SALE AGREEMENT (the “Agreement”), dated as of February 19, 2014 (the “Effective Date”), is made by and between GreenHunter Mesquite Lake, LLC, a Delaware limited liability company (“Seller”), and ML Energy Park, LLC, a California limited liability company (“Purchaser”).
AMENDMENT NO. 2 TO THE SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • July 16th, 2010 • GreenHunter Energy, Inc. • Industrial organic chemicals • New York
AMENDMENT NO. 2 TO THE SECOND AMENDED AND RESTATED CREDIT AGREEMENT (“Amendment No. 2”), dated as of December 16, 2009 among GREENHUNTER BIOFUELS, INC (f/k/a CHANNEL REFINING CORPORATION, INC), a Texas corporation (the “Borrower”), WESTLB AG, NEW YORK BRANCH (“WestLB”) as administrative agent for the lenders under the Credit Agreement (as defined below) (the “Lenders”) (in such capacity, the “Administrative Agent”) and WestLB as Lender.
GREENHUNTER ENERGY, INC. relating to THE INCREASE OF REGISTERED CAPITAL IN GUANGDONG MINGYANG WIND POWER TECHNOLOGY CO., LTD. AND EQUITY TRANSFER SUBSCRIPTION AND EQUITY TRANSFER AGREEMENT Date: November 28, 2007Subscription and Equity Transfer Agreement • March 31st, 2008 • GreenHunter Energy, Inc. • Industrial organic chemicals
THIS SUBSCRIPTION AND EQUITY TRANSFER AGREEMENT (this “Agreement”) is entered into on November 28, 2007 by and among the following parties (each a “Party,” together the “Parties”):
TRUST AGREEMENTTrust Agreement • November 26th, 2010 • GreenHunter Energy, Inc. • Industrial organic chemicals • Texas
THIS TRUST AGREEMENT, dated as of November 24, 2010, (the “Agreement”) by and between GreenHunter Energy, Inc., a Delaware corporation (the “Grantor”), and Jack C. Myers, an individual residing in the State of Texas (the “Trustee”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 21st, 2007 • GreenHunter Energy, Inc. • Delaware
WHEREAS, in connection with the Stock Purchase Agreement by and among the parties hereto of even date herewith and Channel Refining Corporation (the “Stock Purchase Agreement”), the Company has agreed, upon the terms and subject to the conditions of the Stock Purchase Agreement, to issue and sell to the Investors an aggregate 450,000 shares of common stock (the “Common Stock”), par value $.001 per share (the “Closing Shares”).
WATER TRANSPORTATION AGREEMENTWater Transportation Agreement • June 30th, 2014 • GreenHunter Resources, Inc. • Industrial organic chemicals • Ohio
THIS AGREEMENT entered into effective as of this 24th day of June, 2014, by and between GreenHunter Pipeline, LLC, a Delaware limited liability company (“GreenHunter”), having an office at 1048 Texan Trail, Grapevine, Texas 76051 and Tuesday Pipeline, LLC, a limited liability company ("Tuesday Pipeline"), having an office at 300 Ottawa Ave. NW, Suite 200, Grand Rapids, Michigan 49503.
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • August 21st, 2007 • GreenHunter Energy, Inc. • Texas
This Purchase and Sale Agreement (“Agreement”) dated May ___, 2007 is by and between Chateau Energy, Inc., a Texas corporation (“Seller”) and GreenHunter Energy, Inc., a Delaware corporation (“Buyer”).
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • August 21st, 2007 • GreenHunter Energy, Inc. • Texas
This Purchase and Sale Agreement (“Agreement”) dated May 14, 2007 is by and between Chateau Energy, Inc., a Texas corporation (“Seller”) and GreenHunter Energy, Inc., a Delaware corporation (“Buyer”).
BRINE TRANSPORTATION AGREEMENTBrine Transportation Agreement • June 30th, 2014 • GreenHunter Resources, Inc. • Industrial organic chemicals • Ohio
THIS AGREEMENT entered into effective as of this 24th day of June, 2014, by and between GreenHunter Pipeline, LLC, a Delaware limited liability company (“GreenHunter”), having an office at 1048 Texan Trail, Grapevine, Texas 76051 and Tuesday Pipeline, LLC, a limited liability company ("Tuesday Pipeline"), having an office at 300 Ottawa Ave. NW, Suite 200, Grand Rapids, Michigan 49503.
SUBSCRIPTION AGREEMENTSubscription Agreement • January 26th, 2015 • GreenHunter Resources, Inc. • Industrial organic chemicals • New York
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 21st, 2007 • GreenHunter Energy, Inc. • Delaware
WHEREAS, in connection with the Securities Purchase Agreement by and among the parties hereto of even date herewith (the “Purchase Agreement”), the Company has agreed, upon the terms and subject to the conditions of the Purchase Agreement, to issue and sell to the Investors an aggregate (i) 12,500 shares of 2007 Series A 8% Convertible Preferred Stock, par value $.001 per share (“Series A 8% Preferred”), (ii) 500,000 shares of common stock (the “Common Stock”), par value $.001 per share (the “Closing Shares”) and (iii) Common Stock Purchase Warrants (“Warrants”) exercisable into 1,500,000 shares of Common Stock of the Company, for a total Purchase Price of $15,000,000 (the “Purchase Price”).
At Market Issuance Sales AgreementSales Agreement • November 13th, 2008 • GreenHunter Energy, Inc. • Industrial organic chemicals • New York
GreenHunter Energy, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Wm Smith & Co. (“Wm Smith”), as follows:
125,000 Shares of Series C Preferred Stock GREENHUNTER ENERGY, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • January 18th, 2012 • GreenHunter Energy, Inc. • Industrial organic chemicals • New York
MASTER TURBINE SUPPLY AGREEMENT BY AND BETWEEN Guangdong Mingyang Wind Power Technology Co. Ltd., as “Turbine Supplier” AND Wind Hunter, LLC., as “Buyer” Dated as of 27 November 2007Master Turbine Supply Agreement • March 31st, 2008 • GreenHunter Energy, Inc. • Industrial organic chemicals
THIS MASTER TURBINE SUPPLY AGREEMENT ( “Master Agreement”) dated as of 27 November 2007, by and between GUANGDONG MINGYANG WIND POWER TECHNOLOGY CO. LTD, a limited corporation existing under the laws of the Peoples Republic of China, with its principal offices at Mingyang Industry Park, High Tech. Development Zone — 528437 Zhongshan — Guangdong Province, People’s — Republic of China (“Turbine Supplier”) and WIND HUNTER, LLC., a Wyoming limited liability company, with its principal offices at 3129 Bass Pro Drive, Grapevine, Texas 76051 USA (“Buyer”).
AMENDMENT NO. 1 TO STOCK PURCHASE AGREEMENTStock Purchase Agreement • August 21st, 2007 • GreenHunter Energy, Inc.
THIS AMENDMENT NO. 1 TO STOCK PURCHASE AGREEMENT (this “Amendment”) is made and entered into this 13th day of April, 2007, by and among Channel Refining Corporation, a Texas corporation (the “Company”), those persons listed on Annex I attached hereto (individually, each a “Seller” and collectively the “Sellers”), and GreenHunter Energy, Inc. (“Buyer”).
CONDENSATE TRANSPORTATION AGREEMENTCondensate Transportation Agreement • June 30th, 2014 • GreenHunter Resources, Inc. • Industrial organic chemicals • Ohio
THIS AGREEMENT entered into effective as of this 24th day of June, 2014, by and between GreenHunter Pipeline, LLC, a Delaware limited liability company (“GreenHunter”), having an office at 1048 Texan Trail, Grapevine, Texas 76051 and Tuesday Pipeline, LLC, a limited liability company ("Tuesday Pipeline"), having an office at 300 Ottawa Ave. NW, Suite 200, Grand Rapids, Michigan 49503.
INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • August 21st, 2007 • GreenHunter Energy, Inc. • Delaware
This Investor Rights Agreement (this “Agreement”) is made effective as of May 14, 2007, by and among GreenHunter Energy, Inc., a Delaware corporation (the “Company”), and Chateau Energy, Inc., a Texas corporation (the “Investor”).
CONSULTING AGREEMENTConsulting Agreement • August 21st, 2007 • GreenHunter Energy, Inc. • Texas
This Agreement is entered into on December 4, 2006, by and between CHATEAU ENERGY, INC., a Texas corporation, (“CHATEAU”) and GREENHUNTER ENERGY, INC., a Delaware corporation, (“GREENHUNTER” or the “Company”), each individually referred to herein as (“Party”) and both collectively referred to herein as (“Parties”).
GREENHUNTER RESOURCES, INC. PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • January 26th, 2015 • GreenHunter Resources, Inc. • Industrial organic chemicals • New York
August 2015 wAIVER AND AMENDMENTAugust 2015 Waiver and Amendment • August 19th, 2015 • GreenHunter Resources, Inc. • Industrial organic chemicals • New York
THIS AUGUST 2015 WAIVER AND AMENDMENT (this “Agreement”) is made as of August 13, 2015, among GreenHunter Resources, Inc., a Delaware corporation (the “Company”), the Purchasers party hereto (each a “Purchaser” and, collectively, the “Purchasers”) and BAM Administrative Services LLC, a Delaware limited liability company, as agent for each Purchaser (the “Agent” and, together with the Purchasers, the “Creditor Parties”). Capitalized terms used, but not otherwise defined, herein shall have the meanings ascribed to them in the Purchase Agreement (as defined below).
AMENDMENT NO. 1 TO THE SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • June 30th, 2009 • GreenHunter Energy, Inc. • Industrial organic chemicals • New York
AMENDMENT NO. 1 TO THE SECOND AMENDED AND RESTATED CREDIT AGREEMENT (“Amendment No. 1”), dated as of June 24, 2009 among GREENHUNTER BIOFUELS, INC (f/k/a CHANNEL REFINING CORPORATION, INC), a Texas corporation (the “Borrower”), WESTLB AG, NEW YORK BRANCH (“WestLB”) as administrative agent for the lenders under the Credit Agreement (as defined below) (the “Lenders”) (in such capacity, the “Administrative Agent”) and WestLB as Lender.
FORM OF NOTEUnsecured Promissory Note • March 6th, 2014 • GreenHunter Resources, Inc. • Industrial organic chemicals • Texas
THIS SECURITY HAS BEEN ACQUIRED FOR INVESTMENT AND HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS AND MAY NOT BE SOLD, TRANSFERRED OR OTHERWISE DISPOSED OF UNLESS IT HAS BEEN REGISTERED UNDER SUCH ACT AND ALL SUCH OTHER APPLICABLE LAWS OR AN EXEMPTION FROM REGISTRATION IS AVAILABLE THEREFROM.
SECURITIES EXCHANGE AGREEMENTSecurities Exchange Agreement • August 29th, 2012 • GreenHunter Energy, Inc. • Industrial organic chemicals • Texas
SECURITIES EXCHANGE AGREEMENT (the “Agreement”), dated as of August 27, 2012, by and among GreenHunter Energy, Inc., a Delaware corporation (the “Company”) and West Coast Opportunity Fund, LLC, a Delaware limited liability company (“Exchangor”).
