REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 31st, 2014 • S&W Seed Co • Agricultural production-crops
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").
COMMON STOCK PURCHASE WARRANT S&W SEED COMPANYSecurity Agreement • May 18th, 2012 • S&W Seed Co • Agricultural production-crops
THIS COMMON STOCK PURCHASE WARRANT (the "Warrant") certifies that, for value received, Rodman & Renshaw, LLC 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, in accordance with FINRA Rule 5110(f)(2)(H)(i), will expire at 5:00 p.m. (New York time) on February 8, 2017 (the "Termination Date") but not thereafter, to subscribe for and purchase from S&W Seed Company, a Nevada corporation (the "Company"), up to 50,000 shares (as subject to adjustment hereunder, the "Warrant Shares") of the Company's common stock ("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).
S&W SEED COMPANY and , As Warrant AgentPreferred Stock Warrant Agreement • September 23rd, 2020 • S&W Seed Co • Agricultural production-crops • New York
This Preferred Stock Warrant Agreement (this “Agreement”), dated as of [ ], between S&W Seed Company, a Nevada corporation (the “Company”), and [ ], a [corporation] [national banking association] organized and existing under the laws of [ ] and having a corporate trust office in [ ], as warrant agent (the “Warrant Agent”).
S&W SEED COMPANY and , As Warrant AgentCommon Stock Warrant Agreement • September 23rd, 2020 • S&W Seed Co • Agricultural production-crops • New York
This Common Stock Warrant Agreement (this “Agreement”), dated as of , between S&W SEED COMPANY, a Nevada corporation (the “Company”), and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the “Warrant Agent”).
S&W SEED COMPANY S&W Seed Company Form of Debt Securities Warrant AgreementWarrant Agreement • September 23rd, 2020 • S&W Seed Co • Agricultural production-crops • New York
This Debt Securities Warrant Agreement (this “Agreement”), dated as of [ ], between S&W Seed Company, a Nevada corporation (the “Company”), and [ ], a [corporation] [national banking association] organized and existing under the laws of [ ] and having a corporate trust office in [ ], as warrant agent (the “Warrant Agent”).
1,000,000 SHARES of Common Stock OF S&W SEED COMPANY UNDERWRITING AGREEMENTUnderwriting Agreement • May 18th, 2012 • S&W Seed Co • Agricultural production-crops • New York
Rodman & Renshaw, LLC As the Representative of the several underwriters, if any, named in Schedule I hereto c/o Rodman & Renshaw, LLC 1251 Avenue of the Americas, 20th Floor New York, New York 10020
S&W SEED COMPANYAt Market Issuance Sales Agreement • May 17th, 2022 • S&W Seed Co • Agricultural production-crops • New York
S&W SEED COMPANY, Issuer AND [TRUSTEE], Trustee INDENTURE Dated as of [•], 20__ Debt SecuritiesIndenture • September 23rd, 2020 • S&W Seed Co • Agricultural production-crops • New York
1,400,000 Shares S&W Seed Company, Inc. Common Stock PURCHASE AGREEMENTPurchase Agreement • January 11th, 2013 • S&W Seed Co • Agricultural production-crops • New York
S&W Seed Company, Inc., a Nevada corporation (the "Company") proposes to sell to Piper Jaffray & Co. (the "Underwriter") an aggregate of 1,400,000 shares (the "Securities") of Common Stock, $0.001 par value per share (the "Common Stock"), of the Company.
INDEMNITY AGREEMENTIndemnification Agreement • September 27th, 2013 • S&W Seed Co • Agricultural production-crops • Nevada
THIS INDEMNITY AGREEMENT (this "Agreement") dated as of ________, 2013, is made by and between S&W Seed Company, a Nevada corporation (the "Company"), and ______________("Indemnitee").
THIS WARRANT HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 AND IS NOT TRANSFERABLE EXCEPT AS PROVIDED HEREIN S&W Seed Company PURCHASE WARRANT Issued to: PAULSON INVESTMENT COMPANY, INC. Exercisable to Purchase 140,000 Units of S&W SEED...Purchase Warrant • April 23rd, 2010 • S&W Seed Co • Agricultural production-crops • Oregon
This is to certify that, for value received and subject to the terms and conditions set forth below, the Warrantholder (hereinafter defined) is entitled to purchase, and the Company promises and agrees to sell and issue to the Warrantholder, at any time on or after , 2011 and on or before , 2015, up to 140,000 Units (hereinafter defined) at the Exercise Price (hereinafter defined).
EXPORT-IMPORT BANK OF THE UNITED STATES WORKING CAPITAL GUARANTEE PROGRAM BORROWER AGREEMENTBorrower Agreement • February 24th, 2014 • S&W Seed Co • Agricultural production-crops
THIS BORROWER AGREEMENT (this "Agreement") is made and entered into by the entity identified as Borrower on the signature page hereof ("Borrower") in favor of the Export-Import Bank of the United States ("Ex-Im Bank") and the institution identified as Lender on the signature page hereof ("Lender").
S&W Seed Company UNDERWRITING AGREEMENT dated , 2010 Paulson Investment Company, Inc.Underwriting Agreement • April 29th, 2010 • S&W Seed Co • Agricultural production-crops • New York
References to the Prospectus in this Exhibit A include any supplements thereto at the First Closing Date and, if applicable, each Subsequent Closing Date. Capitalized terms used and not defined herein shall have the meanings ascribed to them in the Underwriting Agreement.
CONTINUING GUARANTYContinuing Guaranty • September 30th, 2015 • S&W Seed Co • Agricultural production-crops • California
INDEMNIFICATION AGREEMENTIndemnification Agreement • January 29th, 2010 • S&W Seed Co • California
THIS AGREEMENT is made as of the day of , 200 , between S&W SEED COMPANY, a Delaware corporation (the “Company”), and , an officer, member of the Board of Directors and/or key employee of the Company or a subsidiary thereof (“Indemnitee”), with reference to the following facts:
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 31st, 2014 • S&W Seed Co • Agricultural production-crops • New York
This Securities Purchase Agreement (this "Agreement") is dated as of December 30, 2014, between S&W Seed Company, 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").
CREDIT AGREEMENTCredit Agreement • August 2nd, 2012 • S&W Seed Co • Agricultural production-crops • California
THIS CREDIT AGREEMENT (this "Agreement") is entered into as of July 2, 2012, by and between S&W SEED COMPANY, a Nevada corporation ("Borrower"), and WELLS FARGO BANK, NATIONAL ASSOCIATION ("Bank").
CONTINUING SECURITY AGREEMENTContinuing Security Agreement • January 29th, 2010 • S&W Seed Co • California
EX-IM WORKING CAPITAL GUARANTEE SECURITY AGREEMENT: EQUIPMENTSecurity Agreement • February 24th, 2014 • S&W Seed Co • Agricultural production-crops • Nevada
EMPLOYMENT AGREEMENTEmployment Agreement • November 10th, 2016 • S&W Seed Co • Agricultural production-crops • California
This Agreement is entered into as of the 15th day of August, 2016, by and between S&W Seed Company, a Nevada corporation (the "Company") and Danielson B. Gardner ("Executive") Together, Executive and the Company are sometimes referred to as the "Parties."
EMPLOYMENT AGREEMENTEmployment Agreement • February 10th, 2022 • S&W Seed Co • Agricultural production-crops • Colorado
This Employment Agreement (this “Agreement”) is entered into as of November 13, 2021 (the “Effective Date”) by and between S&W Seed Company, a Nevada corporation (the “Company”) and Betsy Horton (“Executive”). Together, Executive and the Company are sometimes referred to as the “Parties.” Capitalized terms not otherwise defined herein shall have the meanings set forth in Section 9 below.
INDEMNIFICATION AGREEMENTIndemnification Agreement • July 24th, 2014 • S&W Seed Co • Agricultural production-crops • California
THIS AGREEMENT is made as of the ____ day of _________ , 2014, between S&W SEED COMPANY, a Nevada corporation (the "Company"), and ______________, an officer, member of the Board of Directors, and/or key employee of the Company and/or a subsidiary of the Company ("Indemnitee"), with reference to the following facts:
CREDIT AGREEMENTCredit Agreement • January 29th, 2010 • S&W Seed Co • California
THIS CREDIT AGREEMENT (this “Agreement”) is entered into as of December 26, 2008, by and between S&W SEED COMPANY, a California general partnership.(“Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Bank”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • February 23rd, 2022 • S&W Seed Co • Agricultural production-crops • New York
This Agreement is made pursuant to the Securities Purchase Agreement, dated as of the date hereof, between the Company and the Investors (the “Purchase Agreement”) in connection with the following.
FORM OF REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • February 7th, 2018 • S&W Seed Co • Agricultural production-crops • New York
This REGISTRATION RIGHTS AGREEMENT ("Agreement"), dated as of December 22, 2017, is made by and between S&W Seed Company, a Nevada corporation (the "Company"), and MFP Partners, L.P., a Delaware limited partnership (the "Investor").
FIFTH AMENDMENT TO SUBORDINATE LOAN AND SECURITY AGREEMENTSubordinate Loan and Security Agreement • November 1st, 2024 • S&W Seed Co • Agricultural production-crops • New York
AGREEMENT, dated as of October 31, 2024 (this “Amendment”), is entered into by and between S&W SEED COMPANY, a Nevada corporation (the “Borrower”), and MFP PARTNERS, L.P., a Delaware limited partnership the “Lender”).
COMMON STOCK PURCHASE WARRANT S&W SEED COMPANYSecurity Agreement • February 13th, 2023 • S&W Seed Co • Agricultural production-crops • New York
This Common Stock Purchase Warrant (this “Warrant”) certifies that, for value received, the receipt and sufficiency of which is hereby acknowledged, MFP Partners, L.P. 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 Issuance Date and on or prior to the close of business on the five-year anniversary of the Issuance Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from S&W Seed Company, a Nevada corporation (the “Company”), up to 166,700 fully paid, nonassessable shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock of the Company (“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) of this Warrant.
COMMON STOCK PURCHASE WARRANT S&W SEED COMPANYSecurities Agreement • May 11th, 2023 • S&W Seed Co • Agricultural production-crops • New York
This Common Stock Purchase Warrant (this “Warrant”) certifies that, for value received, the receipt and sufficiency of which is hereby acknowledged, MFP Partners, L.P. 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 Issuance Date and on or prior to the close of business on the five-year anniversary of the Issuance Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from S&W Seed Company, a Nevada corporation (the “Company”), up to 1,300,000 fully paid, nonassessable shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock of the Company (“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) of this Warrant.
Amended and Restated Loan And Security Agreement Dated as of March 22, 2023 among S&W SEED COMPANY, as Borrower THE OTHER LOAN PARTIES HERETO THE VARIOUS FINANCIAL INSTITUTIONS PARTY HERETO, as Lenders and CIBC BANK USA, as ADMINISTRATIVE AGENT AND...Loan and Security Agreement • May 11th, 2023 • S&W Seed Co • Agricultural production-crops • Illinois
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (as amended, modified or supplemented from time to time, this "Agreement") made this 22nd day of March, 2023 by and among, the financial institutions that are or may from time to time become parties hereto (together with their respective assigns, the "Lenders"), CIBC BANK USA (in its individual capacity, "CIBC US"), 120 South LaSalle Street, Suite 200, Chicago, Illinois 60603, as administrative agent and sole lead arranger and S&W SEED COMPANY, a Nevada corporation (“S&W Seed”; together with any other party hereafter joined as a borrower hereunder, each individually a “Borrower” and collectively referred to as "Borrowers") and the other Loan Parties party hereto.
EX-IM WORKING CAPITAL GUARANTEE CONTINUING SECURITY AGREEMENT: RIGHTS TO PAYMENT AND INVENTORYContinuing Security Agreement • February 24th, 2014 • S&W Seed Co • Agricultural production-crops • Nevada
EMPLOYMENT AGREEMENTEmployment Agreement • February 14th, 2024 • S&W Seed Co • Agricultural production-crops • Indiana
This Employment Agreement (this “Agreement”) is entered into as of February 9, 2024, (the “Effective Date”) by and between S&W Seed Company, a Nevada corporation (the “Company”) and Vanessa Baughman (“Executive”). Together, Executive and the Company are sometimes referred to as the “Parties.” Capitalized terms not otherwise defined herein shall have the meanings set forth in Section 9 below.
INVESTMENT AGREEMENTInvestment Agreement • October 4th, 2017 • S&W Seed Co • Agricultural production-crops • New York
THIS INVESTMENT AGREEMENT (this "Agreement"), dated as of October 3, 2017, is made by and between S&W Seed Company, a Nevada corporation (the "Company"), and MFP Partners, L.P., a Delaware limited partnership (the "Investor").
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 31st, 2014 • S&W Seed Co • Agricultural production-crops • New York
THIS SECURITIES PURCHASE AGREEMENT (this "Agreement"), is made and entered into as of this ____ day of December, 2014, between S&W Seed Company, a Nevada corporation, with offices at 25552 South Butte Avenue, Five Points, California 93624 (the "Company") and MFP Partners, L.P., with offices at 667 Madison Avenue, 25th Floor, New York, NY 10065 (the "Purchaser").
EMPLOYMENT AGREEMENTEmployment Agreement • March 1st, 2013 • S&W Seed Co • Agricultural production-crops • California
This Agreement is made as of the 26th day of February, 2013, by and between S&W Seed Company, a Nevada corporation (the "Company") and Mark S. Grewal ("Executive"). Together, Executive and the Company are sometimes referred to as the "Parties."
S&W SEED COMPANY and , As Warrant Agent FORM OF DEBT SECURITIES WARRANT AGREEMENT Dated As Of S&W SEED COMPANY Form of Debt Securities Warrant AgreementDebt Securities Warrant Agreement • December 2nd, 2016 • S&W Seed Co • Agricultural production-crops • New York
DEBT SECURITIES WARRANT AGREEMENT (this "Agreement"), dated as of between S&W SEED COMPANY, a Nevada corporation (the "Company"), and , a [corporation] [national banking association] organized and existing under the laws of and having a corporate trust office in , as warrant agent (the "Warrant Agent").
