INDEMNIFICATION AGREEMENTIndemnification Agreement • May 18th, 2011 • Kior Inc • Industrial organic chemicals • Delaware
THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of _________________, by and among Kior, Inc., a Delaware corporation (the “Company”), and _______________ (“Indemnitee”).
Shares KiOR, INC. Class A Common Stock, par value $0.0001 per share FORM OF UNDERWRITING AGREEMENTUnderwriting Agreement • May 18th, 2011 • Kior Inc • Industrial organic chemicals • New York
Credit Suisse Securities (USA) LLC UBS Securities LLC Goldman, Sachs & Co., As Representatives of the Several Underwriters, c/o Credit Suisse Securities (USA) LLC, Eleven Madison Avenue, New York, N.Y. 10010-3629
ATM WARRANT AGREEMENT To Purchase Shares of Class A Common Stock of KIOR, INC. Dated as of March 17, 2013 (the “Effective Date”)Warrant Agreement • March 20th, 2014 • Kior Inc • Industrial organic chemicals • New York
POST-FIRST AMENDMENT ADDITIONAL WARRANT AGREEMENT To Purchase Shares of Class A Common Stock of KIOR, INC. Dated as of March 17, 2013 (the “Effective Date”)Kior Inc • March 20th, 2014 • Industrial organic chemicals • New York
KIOR, INC. STOCK PURCHASE AGREEMENTStock Purchase Agreement • April 11th, 2011 • Kior Inc • California
ContractKior Inc • April 11th, 2011 • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
WARRANT AGREEMENT To Purchase Shares of Class A Common Stock of KIOR, INC. Dated as of May 22, 2014 (the “Effective Date”)Warrant Agreement • May 22nd, 2014 • Kior Inc • Industrial organic chemicals • New York
ContractKior Inc • April 11th, 2011 • 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.
ContractKior Inc • June 10th, 2011 • Industrial organic chemicals • 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.
SENIOR SECURED PROTECTIVE ADVANCE NOTEKior Inc • July 17th, 2014 • Industrial organic chemicals • New York
THIS SENIOR SECURED PROTECTIVE ADVANCE NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. IT MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY THAT REGISTRATION IS NOT REQUIRED UNDER SUCH ACT OR UNLESS SOLD IN ACCORDANCE WITH RULE 144 UNDER SUCH ACT.
SENIOR SECURED PROMISSORY NOTE AND WARRANT PURCHASE AGREEMENT by and among KiOR, Inc., KiOR Columbus, LLC, the Purchasers party hereto and the Agent March 31, 2014Subordination Agreement • April 1st, 2014 • Kior Inc • Industrial organic chemicals • New York
KIOR, INC. REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 17th, 2014 • Kior Inc • Industrial organic chemicals • Delaware
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of October 21, 2013, by and among KiOR, Inc., a corporation organized under the laws of the State of Delaware (the “Company”), and Gates Ventures, LLC, a limited liability company organized under the laws of the State of Washington (the “Purchaser”).
KIOR, INC. REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 17th, 2014 • Kior Inc • Industrial organic chemicals • Delaware
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of October 21, 2013, by and among KiOR, Inc., a corporation organized under the laws of the State of Delaware (the “Company”), and each of the persons or entities listed on Exhibit A hereto (the “Purchasers”).
PURCHASE MONEY SECURITY AGREEMENTPurchase Money Security Agreement • April 11th, 2011 • Kior Inc • Mississippi
This Purchase Money Security Agreement (this “Agreement”) dated March 17, 2011 is made and entered into by and among KiOR Columbus, LLC, a Delaware limited liability company, (“Debtor”) and The Mississippi Development Authority acting for and on behalf of the State of Mississippi (“Secured Party”).
KiOR, Inc. Restricted Stock Award AgreementRestricted Stock Award Agreement • March 27th, 2012 • Kior Inc • Industrial organic chemicals • Texas
KiOR, Inc Nonqualified Stock Option Award AgreementNonqualified Stock Option Award Agreement • March 27th, 2012 • Kior Inc • Industrial organic chemicals • Texas
AMENDMENT NO. 3 Dated April 12, 2011Security Agreement • May 18th, 2011 • Kior Inc • Industrial organic chemicals
THIS AMENDMENT NO. 3 (“Amendment 3”) to that certain Loan and Security Agreement No. 1452 dated as of January 27, 2010, as amended (“Agreement”), by and between Lighthouse Capital Partners VI, L.P., as “Agent” for the lenders identified on Schedule A to the Agreement (such lenders, together with their respective successors and assigns are referred to herein each individually as a “Lender” and collectively as “Lenders”), the Lenders and Kior, Inc. (“Borrower”).
Loan and Security AgreementLoan and Security Agreement • June 1st, 2011 • Kior Inc • Industrial organic chemicals • California
This Loan and Security Agreement No. 1452 (this “Agreement”) is entered into as of January 27, 2010, by and between Kior, Inc., a Delaware corporation (“Borrower”) and Lighthouse Capital Partners VI, L.P as “Agent” for the lenders identified on Schedule A hereto (such lenders, together with their respective successors and assigns are referred to herein each individually as a “Lender” and collectively as “Lenders”), and the Lenders. This Agreement sets forth the terms and conditions upon which Lenders will lend and Borrower will repay money. In consideration of the mutual covenants herein contained, the parties agree as follows:
AMENDMENT NO. 3 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 1st, 2014 • Kior Inc • Industrial organic chemicals • New York
THIS AMENDMENT NO. 3 TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is made and dated as of March 31, 2014, and is entered into by and among KIOR, INC., a Delaware corporation (the “Company,” and together with each other Subsidiary that is a party to the Original Loan Agreement (defined below) or becomes a party to the Loan Agreement as a Borrower after the date hereof in accordance with the terms hereof, collectively, the “Borrowers”, and each a “Borrower”), and 1538731 ALBERTA LTD., 1538716 ALBERTA LTD. and Vinod Khosla, as trustee of the KFT Trust, Vinod Khosla, Trustee (together with each other Person that becomes a party to the Loan Agreement as a Lender after the date hereof in accordance with the terms of the Loan Agreement, collectively, the “Lenders”, and each a “Lender”), and 1538731 ALBERTA LTD., as agent for the Lenders (in such capacity, “Agent”).
AMENDMENT NO. 1 TO SENIOR SECURED CONVERTIBLE PROMISSORY NOTE PURCHASE AGREEMENTPromissory Note Purchase Agreement • October 21st, 2013 • Kior Inc • Industrial organic chemicals • New York
This AMENDMENT NO. 1 TO SENIOR SECURED CONVERTIBLE PROMISSORY NOTE PURCHASE AGREEMENT (the “Amendment”) is made as of October 20, 2013, by and among KiOR, Inc., a Delaware corporation (“KiOR”, and together with each other Subsidiary that is a party to the Purchase Agreement (as defined below) or becomes a party to the Purchase Agreement, collectively the “Company”), the Purchasers (as defined in the Purchase Agreement) and Khosla Ventures III LP as Agent.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • January 27th, 2012 • Kior Inc • Industrial organic chemicals • New York
This Joinder Agreement (the “Joinder Agreement”) is made and dated as of [ ], 20[ ], and is entered into by and between , a (“New Subsidiary”), and 1538731 ALBERTA LTD., as agent for the below defined Lenders (in such capacity, “Agent”).
HYDROGEN ON-SITE SUPPLY AGREEMENTHydrogen on-Site Supply Agreement • May 18th, 2011 • Kior Inc • Industrial organic chemicals • Texas
This Hydrogen On-Site supply Agreement (“Agreement”) is entered into as of the 10th day of December, 2010 (the “Effective Date”) by and between Matheson Tri-Gas, Inc. (“Seller”) and KIOR, Inc. (“Buyer”).
MEMORANDUM OF UNDERSTANDINGMemorandum of Understanding • May 18th, 2011 • Kior Inc • Industrial organic chemicals • Mississippi
Lowndes County, Mississippi (the “County”), the Lowndes County Port Authority (the “Port”), the City of Columbus, Mississippi (the “City”), the Columbus Light & Water Department (the “CLW”), KiOR Columbus, LLC (“KiOR Columbus”) and KiOR, Inc.(“KiOR”);
KIOR, Inc. Nonstatutory Stock Option Agreement Granted Under Amended and Restated 2007 Stock Option/ Stock Issuance PlanNonstatutory Stock Option Agreement • June 1st, 2011 • Kior Inc • Industrial organic chemicals
KIOR, INC. STOCK OPTION AGREEMENT RECITALSStock Option Agreement • April 11th, 2011 • Kior Inc • California
Loan and Security AgreementLoan and Security Agreement • May 18th, 2011 • Kior Inc • Industrial organic chemicals • California
This Loan and Security Agreement no. 1452 (this “Agreement”) is entered into as of January 27, 2010, by and between Kior, Inc., a Delaware corporation (“Borrower”) and Lighthouse Capital Partners VI, L.P. as “Agent” for the lenders identified on Schedule A hereto (such lenders, together with their respective successors and assigns are referred to herein each individually as a “Lender” and collectively as “Lenders”), and the Lenders. This Agreement sets forth the terms and conditions upon which Lenders will lend and Borrower will repay money. In consideration of the mutual covenants herein contained, the parties agree as follows:
Loan and Security AgreementLoan and Security Agreement • May 18th, 2011 • Kior Inc • Industrial organic chemicals • California
This Loan And Security Agreement No. 1451 (this “Agreement”) is entered into as of December 30, 2008, by and between Lighthouse Capital Partners VI, L.P. (“Lender”) and Kior Inc., a Delaware corporation (“Borrower”) and sets forth the terms and conditions upon which Lender will lend and Borrower will repay money. In consideration of the mutual covenants herein contained, the parties agree as follows:
CLASS A COMMON STOCK PURCHASE AGREEMENT by and among KiOR, Inc., and Gates Ventures, LLC October 18, 2013Purchase Agreement • October 21st, 2013 • Kior Inc • Industrial organic chemicals • New York
This Class A Common Stock Purchase Agreement (this “Agreement”) is entered into as of the date set forth above by and between KiOR, Inc., a Delaware corporation (“KiOR” or the “Company”) and Gates Ventures, LLC, a Washington limited liability company. The parties hereby agree as follows:
AMENDMENT NO. 1 TO SENIOR SECURED PROMISSORY NOTE AND WARRANT PURCHASE AGREEMENTNote and Warrant Purchase Agreement • July 9th, 2014 • Kior Inc • Industrial organic chemicals • New York
THIS AMENDMENT NO. 1 TO SENIOR SECURED PROMISSORY NOTE PURCHASE AGREEMENT (this “Amendment”) is made and entered into as of July 3, 2014 by and among KIOR, INC., a Delaware corporation (“KiOR”), certain of KiOR’s subsidiaries (collectively with KiOR, the “Company”), KFT Trust, as Agent, and the Purchasers party hereto.
AMENDMENT NO. 2 Dated April 12, 2011Security Agreement • May 18th, 2011 • Kior Inc • Industrial organic chemicals
THIS AMENDMENT NO 2 (“Amendment 2”) to that certain Loan and Security Agreement No. 1451 dated as of December 30, 2008, as amended (“Agreement”), by and between Lighthouse Capital Partners VI, L.P., (“Lender”) and Kior, Inc. (“Borrower”).
AGREEMENTAgreement • April 27th, 2012 • Kior Inc • Industrial organic chemicals • Texas
THIS AGREEMENT (the “Agreement”) is effective as of November 28, 2011 (the “Effective Date”), by and between KiOR Inc., a Delaware corporation (the “Company”) and Joseph S. Cappello, the undersigned individual (“Cappello”).
LOAN AGREEMENTLoan Agreement • April 11th, 2011 • Kior Inc • Mississippi
A TRACT OF LAND CONTAINING 7.43 ACRES, MORE OR LESS, BEING SITUATED IN FRACTIONAL SECTION 32, TOWNSHIP 19 NORTH, RANGE 18 EAST, LOWNDES COUNTY, MISSISSIPPI, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Feedstock Supply Agreement (Columbus, Mississippi)Feedstock Supply Agreement • June 10th, 2011 • Kior Inc • Industrial organic chemicals • New York
This Feedstock Supply Agreement (“Supply Agreement”), dated as of May 27, 2011 (“Supply Agreement Effective Date”) is made by and between Catchlight Energy LLC, a Delaware limited liability company (“CLE”), and KiOR Columbus, LLC, a Delaware limited liability company (“KiOR”).
AGREEMENTAgreement • April 27th, 2012 • Kior Inc • Industrial organic chemicals • Texas
THIS AGREEMENT (the “Agreement”) is effective as of September 2, 2011 (the “Effective Date”), by and between KiOR Inc., a Delaware corporation (the “Company”) and William Coates, the undersigned individual (“Employee”).
SEPARATION AGREEMENTSeparation Agreement • December 4th, 2013 • Kior Inc • Industrial organic chemicals • Texas
THIS SEPARATION AGREEMENT (the “Agreement”) is effective as of December 3, 2013 (the “Effective Date”), by and between KiOR Inc., a Delaware corporation (the “Company”) and John Karnes, the undersigned individual (“Employee”).
