MARGIN LOAN AGREEMENT dated as of August 25, 2023 among BIRCH-OR EQUITY HOLDINGS, LLC as Borrower, THE LENDERS PARTY HERETO, DEUTSCHE BANK TRUST COMPANY AMERICAS, as Administrative Agent, and MIZUHO SECURITIES USA LLC, as Calculation Agent THE LOANS...Margin Loan Agreement • September 6th, 2023 • Birch-or Equity Holdings, LLC • Agricultural services • New York
This MARGIN LOAN AGREEMENT dated as of August 25, 2023 (as it may be amended, restated, supplemented or modified from time to time, this “Agreement”), among (1) Birch-OR Equity Holdings, LLC, a Delaware limited liability company, as Borrower (“Borrower”); (2) each Lender as set forth in Schedule I and each other lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”); (3) Deutsche Bank Trust Company Americas, as Administrative Agent (“Administrative Agent”); and (4) Mizuho Securities USA LLC, as Calculation Agent (“Calculation Agent”).
PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • September 6th, 2023 • Birch-or Equity Holdings, LLC • Agricultural services
This Pledge and Security Agreement (this “Security Agreement”) is entered into as of August 25, 2023 by and between Mizuho Bank, Ltd., as secured party on its own behalf and on behalf of any Agented Lender (as defined in the Loan Agreement) (“Secured Party”), and Birch-OR Equity Holdings, LLC, a Delaware limited liability company, as pledgor (“Pledgor”).
JOINT FILING AGREEMENTJoint Filing Agreement • September 6th, 2023 • Birch-or Equity Holdings, LLC • Agricultural services
In accordance with Rule 13d-1(k)(1) promulgated under the Securities Exchange Act of 1934, as amended, the undersigned hereby agree that they are jointly filing this statement on Schedule 13D. Each of them is responsible for the timely filing of such statement and any amendments thereto, and for the completeness and accuracy of the information concerning such person contained therein; but none of them is responsible for the completeness or accuracy of the information concerning the other persons making the filing, unless such person knows or has reason to believe that such information is inaccurate.
