0000950123-10-112753 Sample Contracts

ARBORGEN INC. Form of Indemnification Agreement
Indemnification Agreement • December 10th, 2010 • ArborGen Inc. • Forestry • Delaware

This Indemnification Agreement (“Agreement”) is made as of by and between , a Delaware corporation (the “Company”), and (“Indemnitee”).

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BUILD TO SUIT AND LEASE AGREEMENT
Build to Suit and Lease Agreement • December 10th, 2010 • ArborGen Inc. • Forestry • South Carolina

THIS BUILD TO SUIT AND LEASE AGREEMENT (hereinafter referred to as “Lease”) made and entered into effective as of the 24th day of November, 2010, (the “Commencement Date”) by and between Forestry Research Holdings, LLC, a South Carolina limited liability company, its successors or assigns (hereinafter referred to as “Landlord”) and ArborGen Inc., a Delaware corporation, its successors or assigns (hereinafter referred to as “Tenant”).

ArborGen Inc. Form of Appreciation Right Agreement
Appreciation Right Agreement • December 10th, 2010 • ArborGen Inc. • Forestry • Delaware

This Appreciation Right Agreement (the “Agreement”) is being entered into by and between ArborGen Inc., a Delaware corporation (“ArborGen” or the “Company”) and [NAME], an employee of ArborGen (the “Employee”).

Contract
Revolving and Non-Revolving Credit Loan Agreement • December 10th, 2010 • ArborGen Inc. • Forestry • South Carolina

THIS 2010 AMENDED AND RESTATED REVOLVING AND NON-REVOLVING CREDIT LOAN AGREEMENT is made and entered into as of March 4, 2010, by THE NATIONAL BANK OF SOUTH CAROLINA, its successors and assigns (the “Lender”), and ARBORGEN, LLC, a Delaware limited liability company, its successors and assigns (the “Borrower”) to amend and restate in its entirety that certain Revolving Credit Loan Agreement dated as of November 30, 2007, as amended by First Amendment dated as of June 15, 2008, and as Amended and Restated on December 16, 2008 (as amended and restated, the “Agreement”).

Multi Option Credit Facility
Multi Option Credit Facility • December 10th, 2010 • ArborGen Inc. • Forestry

ArborGen New Zealand Unlimited (1976303) a company duly registered and having its principal place of business in New Zealand at 1943 State Highway 30, RD 2, Whakatane

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