EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • July 27th, 2011 • Myriant Corp • Industrial organic chemicals • Massachusetts
This EXECUTIVE EMPLOYMENT AGREEMENT (the “Agreement”) is effective as of July 22, 2011 (the “Effective Date”), between Myriant Corporation, a Delaware Company (the “Company”), and Jeffrey V. Gatto (the “Executive”).
SUPPLY CONTRACTSupply Contract • August 12th, 2011 • Myriant Corp • Industrial organic chemicals • Massachusetts
THIS SUPPLY CONTRACT (the “Contract”), is executed as of May 18, 2010, by and between Myriant Technologies LLC, a Delaware limited liability corporation having principal place of business at 2 Batterymarch Park, Suite 301, Quincy, MA 02169 (herein, together with its successors and assigns, “Seller”), and The Chemical Company, a Rhode Island corporation having a principal place of business at 19 Narragansett Ave., Jamestown, RI 02835, (herein, together with its successors and permitted assigns, “Buyer”).
STANDARD EXCLUSIVE LICENSE AGREEMENT Agreement No: A10550Standard Exclusive License Agreement • August 12th, 2011 • Myriant Corp • Industrial organic chemicals
This Agreement is made effective the 15th day of June 2011, (the “Effective Date”) by and between the University of Florida Research Foundation, Inc. (hereinafter called “UFRF”), a nonstock, nonprofit Florida corporation, and Myriant Technologies Inc (hereinafter called “Licensee”), a small entity corporation organized and existing under the laws of Delaware and having its principal office at 2 Batterymarch Park, Suite 301, Quincy, MA 02169; UFRF and Licensee are referred individually as Party and collectively as Parties;
STANDARD EXCLUSIVE LICENSE AGREEMENT WITH SUBLICENSING TERMSStandard Exclusive License Agreement • August 12th, 2011 • Myriant Corp • Industrial organic chemicals • Florida
This Agreement is made effective the 3rd day of October, 2005, (the “Effective Date”) by and between the University of Florida Research Foundation, Inc. (hereinafter called “UFRF”), a nonstock, nonprofit Florida corporation, and BioEnergy International LLC having an address at 99 Longwater Circle, Norwell, MA 02061 (hereinafter called “Licensee”), a corporation organized and existing under the laws of Delaware;
SERVICES AGREEMENT Agreement Number MYSAB-001Services Agreement • August 12th, 2011 • Myriant Corp • Industrial organic chemicals • Massachusetts
This Agreement is entered into this 17th day of March, 2010 between Myriant Technologies, LLC, a Delaware LLC (the “Owner”)whose address is 1 Pine Hill Drive, Batterymarch II, Suite 301, Quincy, MA 02169, and Vogelbusch USA a Texas corporation (the [“Contractor”]) whose address is 1810 Snake River Road, Katy TX, 77449.
Global Alliance Agreement by and between Uhde GmbH and Myriant Technologies LLCGlobal Alliance Agreement • August 12th, 2011 • Myriant Corp • Industrial organic chemicals
This Global Alliance Agreement (the “Agreement”) by and between Uhde GmbH, a German company with its principal offices located at Friedrich-Uhde-Str. 15, 44141 Dortmund (hereinafter referred to as “Uhde”) and Myriant Technologies LLC, a Delaware limited liability company, with its principal offices located at 1 Pinehill Drive, Batterymarch Park II, Suite 301, Quincy, MA 02169 USA (hereinafter referred to as “Myriant”); each of Uhde and Myriant are singularly also referred to herein as “Party” and jointly as “Parties” (certain capitalized terms shall have the meaning ascribed to them as set forth in Annex 1 attached hereto and made a part hereof).
STANDARD EXCLUSIVE LICENSE AGREEMENT WITH SUBLICENSING TERMSStandard Exclusive License Agreement • August 12th, 2011 • Myriant Corp • Industrial organic chemicals • Florida
This Agreement is made effective the 2nd day of February, 2006, (the “Effective Date”) by and between the University of Florida Research Foundation, Inc. (hereinafter called “UFRF”), a nonstock, nonprofit Florida corporation, and BioEnergy International LLC having an address at 99 Longwater Circle, Norwell, MA 02061 (hereinafter called “Licensee”), a corporation organized and existing under the laws of Delaware;
AMENDMENT AND RESTATEMENT OF THE LICENSE AGREEMENT REGARDING MODIFIED E. COLI TECHNOLOGY Between BioEnergy International LLC And PURAC Biochem BVLicense Agreement • August 12th, 2011 • Myriant Corp • Industrial organic chemicals • Massachusetts
This Amendment and Restatement of the License Agreement Regarding Modified E. Coli Technology (the “Agreement”) is entered into by and between BioEnergy International LLC of Two Batterymarch Park, Suite 301, Quincy, Massachusetts, 02169, USA (hereinafter “BE”) and PURAC Biochem BV of Arkelsedijk 46, 4200 AA Gorinchem, The Netherlands (hereinafter “PURAC”) on the 19th day of May 2008 (the “Effective Date”).
FIRST AMENDMENT TO LICENSE AGREEMENT No. A4780License Agreement • June 28th, 2011 • Myriant Corp • Industrial organic chemicals
This Agreement, effective May 31, 2011, is between the University of Florida Research Foundation, Inc., a not-for-profit corporation duly organized and existing under the laws of the State of Florida and having its principal office at 223 Grinter Hall, Gainesville, Florida 32611 U.S.A. (hereinafter referred to as “UFRF”), and Myriant Technologies Inc, a company duly recognized under the laws of the State of Delaware, and having its principal office at 2 Batterymarch Park, Suite 301, Quincy, MA 02169 (hereinafter referred to as “Assignee”).
STANDARD EXCLUSIVE LICENSE AGREEMENT WITH SUBLICENSING TERMSStandard Exclusive License Agreement • August 12th, 2011 • Myriant Corp • Industrial organic chemicals • Florida
This Agreement is made effective the 30 day of November, 2007, (the “Effective Date”) by and between the University of Florida Research Foundation, Inc. (hereinafter called “UFRF”), a nonstock, nonprofit Florida corporation, and BioEnergy International LLC having an address at 99 Longwater Circle, Norwell, MA 02061 (hereinafter called “Licensee”), a corporation organized and existing under the laws of Delaware;
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • July 27th, 2011 • Myriant Corp • Industrial organic chemicals • Massachusetts
This EXECUTIVE EMPLOYMENT AGREEMENT (the “Agreement”) is effective as of July 22, 2011 (the “Effective Date”), between Myriant Corporation, a Delaware Company (the “Company”), and Stephen J. Gatto (the “Executive”).
TOLL MANUFACTURING AGREEMENTToll Manufacturing Agreement • June 28th, 2011 • Myriant Corp • Industrial organic chemicals • New York
Before the development start up phase is initiated, CUSTOMER will specify the type of Raw Materials are required for producing the Fermentation Product and the specification and quality required. Fermic will be responsible for maintaining such Raw Material specifications and quality.
Alliance Agreement by and between Uhde Corporation of America and Myriant Technologies LLCAlliance Agreement • August 12th, 2011 • Myriant Corp • Industrial organic chemicals • New York
This Alliance Agreement (the “Agreement”) by and between Uhde Corporation of America, a Delaware corporation, with its principal offices located at 1370 Washington Pike Bridgeville, PA 15017, USA (hereinafter referred to as “UCA”) and Myriant Technologies LLC, a Delaware limited liability company, with its principal offices located at 1 Pinehill Drive, Batterymarch Park II, Suite 301, Quincy, MA 02169 USA (hereinafter referred to as “Myriant”); each of UCA and Myriant are singularly also referred to herein as “Party” and jointly as “Parties” (certain capitalized terms shall have the meaning ascribed to them as set forth in Annex 1 attached hereto and made a part hereof).
STANDARD EXCLUSIVE LICENSE AGREEMENT WITH SUBLICENSING TERMSStandard Exclusive License Agreement • May 27th, 2011 • Myriant Corp
This Agreement is made effective the 3rdday of October, 2005, (the “Effective Date”) by and between the University of Florida Research Foundation, Inc. (hereinafter called “UFRF”), a nonstock, nonprofit Florida corporation, and BioEnergy International LLC having an address at 99 Longwater Circle, Norwell, MA 02061 (hereinafter called “Licensee”), a corporation organized and existing under the laws of Delaware;
MYRIANT TECHNOLOGIES LLC INDEPENDENT CONTRACTOR AGREEMENTIndependent Contractor Agreement • May 27th, 2011 • Myriant Corp • Massachusetts
This Agreement is made by Myriant Technologies LLC (“Company”), a Delaware limited liability company, and Arro Building Services (“Contractor”). This Agreement is effective as of August 31, 2010 (“Effective Date”). Company and Contractor agree as follows:
CONSULTING AGREEMENTConsulting Agreement • May 27th, 2011 • Myriant Corp • Texas
This Consulting Agreement (this “Agreement”) is made and entered effective as of October 14, 2010 (the “Effective Date”) by and among Clear Creek Capital, LLC, a Delaware limited liability company (the “Consultant”) and Myriant Lake Providence Inc., a Delaware corporation (the “Company”).
SUPPLY CONTRACTSupply Contract • May 27th, 2011 • Myriant Corp • Delaware
THIS SUPPLY CONTRACT (the “Contract”), is executed as of this 15th day of June, 2010, by and between Myriant Technologies LLC, a Delaware limited liability corporation (herein, together with its successors and assigns, “Seller”), and Johann Haltermann Ltd., a Texas Limited Partnership (herein, together with its successors and permitted assigns, “Buyer”).
DEBT CONVERSION AGREEMENTDebt Conversion Agreement • June 28th, 2011 • Myriant Corp • Industrial organic chemicals • Delaware
THIS DEBT CONVERSION AGREEMENT (this “Agreement”) is entered into as of January 13, 2011, by and among Myriant Technologies, Inc., a Delaware corporation (the “Company”), and each of the parties set forth on Schedule A hereto (each a “Noteholder”, and together, the “Noteholders”).
Lease AgreementLease Agreement • May 27th, 2011 • Myriant Corp • Massachusetts
THIS INSTRUMENT IS A LEASE, dated as of September 26, 2007 (the “Effective Date”), in which the Landlord and the Tenant are the parties hereinafter named, and which relates to space in a building (the “Building”) known as Two Batterymarch Park located at One Pine Hill Drive, Quincy, MA. The parties to this instrument hereby agree with each other as follows:
COMMERCIAL LEASECommercial Lease • May 27th, 2011 • Myriant Corp • Massachusetts
In consideration of the covenants herein, Cummings Properties, LLC (“LESSOR”) hereby leases to BioEnergy International, LLC ( a DE LLC), 99 Longwater Circle, Suite 201, Norwell, MA 02061 (‘LESSEE’’) the following premises, (“the leased premises”), for a term of five years and two months commencing at noon on the date that is the later of November 15, 2007 or the date the leased premises is substantially completed and delivered to LESSEE and ending at noon on the date that is 62 months following the date that is the later of November 15, 2007 or the date the leased premises is substantially completed and delivered to LESSEE unless sooner terminated as herein provided. LESSOR and LESSEE now covenant and agree that the following terms and conditions shall govern this lease.
FOURTH AMENDMENT TO LICENSE AGREEMENT No. A6126License Agreement • June 28th, 2011 • Myriant Corp • Industrial organic chemicals
This Agreement, effective May 31, 2011 (the “Effective Date”), is between the University of Florida Research Foundation, Inc., a not-for-profit corporation duly organized and existing under the laws of the State of Florida and having its principal office at 223 Grinter Hall, Gainesville, Florida 32611 U.S.A. (hereinafter referred to as “UFRF”) and Myriant Technologies Inc, a company duly recognized under the laws of the State of Delaware, and having its principle office at 2 Batterymarch Park, Suite 301, Quincy, MA 02169 (hereinafter referred to as “Assignee”). UFRF and Assignee are individually referred as Party and collectively as Parties.
MYRIANT CORPORATION 2011 OMNIBUS INCENTIVE PLAN FORM OF RESTRICTED STOCK UNIT AWARD NOTIFICATION AND AGREEMENT True-Up Restricted Stock Unit AwardRestricted Stock Unit Award Agreement • August 12th, 2011 • Myriant Corp • Industrial organic chemicals
SUPPLY AGREEMENTSupply Agreement • May 27th, 2011 • Myriant Corp • Louisiana
This Supply Agreement (“Agreements) is entered into this date, April 12th, 2011, between Myriant Technologies, Inc (“SELLER”) having its place of business at 1 Pine Hill Drive, Batterymarch Park II, Suite 301, Quincy MA 02169 and Wilson Industrial Sales Company, Inc. (“BUYER”) having its place of business at 201 South Wilson Street, Brook, IN 47922. The BUYER and SELLER are sometimes individually referred to as Party and collectively as the Parties.
FIFTH AMENDMENT TO LICENSE AGREEMENT No. A5029License Agreement • June 28th, 2011 • Myriant Corp • Industrial organic chemicals
This Agreement, effective May 31, 2011, is between the University of Florida Research Foundation, Inc., a not-for-profit corporation duly organized and existing under the laws of the State of Florida and having its principal office at 223 Grinter Hall, Gainesville, Florida 32611 U.S.A. (hereinafter referred to as “UFRF), and Myriant Technologies Inc, a company duly recognized under the laws of the State of Delaware, and having its principal office at 2 Batterymarch Park, Suite 301, Quincy, MA 02169 (hereinafter referred to as “Assignee”).
TRANSFER, ASSIGNMENT AND ASSUMPTION AGREEMENTTransfer, Assignment and Assumption Agreement • June 28th, 2011 • Myriant Corp • Industrial organic chemicals • New York
This Warrant Issuance Agreement (this “Agreement”), is made and entered into as of July 16, 2009, by and among Myriant Technologies LLC, a Delaware limited liability company (the “Company”), and each of those persons and entities, severally and not jointly, whose names are set forth on the Schedule of Grantees attached hereto as Exhibit A (which persons and entities are hereinafter collectively referred to as “Grantees” and each individually as a “Grantee”).
MYRIANT CORPORATION 2011 OMNIBUS INCENTIVE PLAN FORM OF RESTRICTED STOCK UNIT AWARD NOTIFICATION AND AGREEMENT True-Up Restricted Stock Unit AwardRestricted Stock Unit Award • June 28th, 2011 • Myriant Corp • Industrial organic chemicals
STRATEGIC ADVISORY PANEL AGREEMENTStrategic Advisory Panel Agreement • June 28th, 2011 • Myriant Corp • Industrial organic chemicals
THIS STRATEGIC ADVISORY PANEL AGREEMENT (the “Agreement”), dated as of __________________, 2011 by and between Myriant Technologies, Inc. (the “Company”), a Delaware corporation with offices at Two Batterymarch Park, Suite 301, Quincy, Massachusetts 02169, and ____________ (the “Advisor”), with an address at _________________.
NOT SPECIFIED/OTHER ASSISTANCE AGREEMENTAssistance Agreement • May 27th, 2011 • Myriant Corp
TERMS OF CONSULTING AGREEMENT FOR STEPHEN J. GATTO FROM 2004 THROUGH 2010Consulting Agreement • June 28th, 2011 • Myriant Corp • Industrial organic chemicals
The Consultant shall serve as the Company’s CEO and Chairman of the Board during the Consulting Term. As CEO and Chairman of the Board, the Consultant shall have such duties, authorities and responsibilities commensurate with the duties, authorities and responsibilities of persons in similar capacities in similarly sized companies and such other duties and responsibilities as the Company’s Board shall designate that are consistent with the Consultant’s position as CEO and Chairman of the Board.
INDEMNITY AGREEMENTIndemnity Agreement • May 27th, 2011 • Myriant Corp • Delaware
This Indemnity Agreement, dated as of _________________, 2011, is made by and between Myriant Technologies, Inc., a Delaware corporation (the “Company”), and ___________________ (the “Indemnitee”).
SOUTH EAST ASIA JOINT VENTURE TERM SHEETJoint Venture Agreement • May 27th, 2011 • Myriant Corp
Joint Venture Agreement in relation to the South East Asia Joint Venture Company (“JV Agreement”) (Defined terms used herein shall have the same meaning as provided in the Class A Common Stock Purchase Agreement (the “Agreement”) unless otherwise noted).
SCIENTIFIC ADVISORY PANEL AGREEMENTScientific Advisory Panel Agreement • June 28th, 2011 • Myriant Corp • Industrial organic chemicals
THIS SCIENTIFIC ADVISORY PANEL AGREEMENT (the “Agreement”), dated as of _______________, by and between Myriant Technologies, LLC (the “Company”), a Delaware limited liability company with offices at 1 Pinehill Drive, Two Batterymarch Park, Suite 301, Quincy, Massachusetts 02169, and ________________ (the “Advisor”), with an address at ______________________.
MYRIANT TECHNOLOGIES LLC INDEPENDENT CONTRACTOR AGREEMENT (Individual)Independent Contractor Agreement • June 28th, 2011 • Myriant Corp • Industrial organic chemicals • Massachusetts
This Agreement is made by Myriant Technologies LLC (“Company”), a Delaware limited liability company, and Jeffrey Gatto (“Contractor”). This Agreement is effective as of July 13, 2010 (“Effective Date”). Company and Contractor agree as follows:
STANDARD EXCLUSIVE LICENSE AGREEMENT WITH SUBLICENSING TERMSStandard Exclusive License Agreement • May 27th, 2011 • Myriant Corp • Florida
This Agreement is made effective the 3rd day of October, 2005, (the “Effective Date”) by and between the University of Florida Research Foundation, Inc. (hereinafter called “UFRF”), a nonstock, nonprofit Florida corporation, and BioEnergy International LLC having an address at 99 Longwater Circle, Norwell, MA 02061 (hereinafter called “Licensee”), a corporation organized and existing under the laws of Delaware;
July 7, 2011 Myriant Corporation 1 Pinehill Drive Batterymarch Park II Suite 301 Quincy, Massachusetts 02169-1801 UBS Securities LLC J.P. Morgan Securities Inc. Citigroup Global Markets Inc. Piper Jaffray & Co. Morgan Joseph TriArtisan LLC c/o UBS...Investors’ Rights Agreement and Right of First Refusal and Co-Sale Agreement • August 12th, 2011 • Myriant Corp • Industrial organic chemicals
Reference is made to (i) the Investors’ Rights Agreement (the “IRA”) dated as of January 13, 2011, by and among Myriant Technologies, Inc. (the “Company”) and each of the “Investors” (herein so called) referred to therein, and (ii) the Right of First Refusal and Co-Sale Agreement (the “ROFR”) also dated as of January 13, 2011, by and among the Company, the Investors and certain holders of the Company’s common stock. Terms defined in the IRA and the ROFR, and not otherwise defined herein, are used herein with their meanings so defined.
